Terms of Service

These Terms of Service ("Terms") govern your access to and use of the kicktide platform — including the kicktide.com website, the kicktide web application, the kicktide mobile application, and any related services (collectively, the "Platform"). kicktide is a d/b/a of Attribute Systems Inc., a Texas corporation (collectively, "kicktide," "we," "our," or "us").

By creating an account, accessing, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

The Platform consists of three primary components, each with its own users and rules:

• Marketplace. A peer-to-peer marketplace where users may list, browse, and transact for pool service accounts and related assets. kicktide acts as a venue and payment facilitator; we are not a party to any sale between buyer and seller.
• Tracker. A software-as-a-service field service management product used by pool service businesses ("Subscribers") and their personnel and customers.
• Mobile App. A companion mobile application for field technicians that connects to the Tracker.

You must be at least 18 years old and able to form a legally binding contract to use the Platform. By creating an account you represent that you meet these requirements and that any information you provide is accurate, current, and complete.

You agree to:

• Maintain the security and confidentiality of your credentials;
• Promptly update your account information when it changes;
• Accept responsibility for all activity under your account;
• Notify us immediately of any unauthorized account access.

Some features are available only to specific roles (for example, Subscriber administrators, technicians, customers, or platform administrators). Access is governed by your role and your Subscriber's configuration.

Tracker is offered to Subscribers under a paid subscription. By subscribing you authorize kicktide and its payment processors to charge your designated payment method on a recurring basis until you cancel.

• Subscription fees, billing cadence, and included features are set out on the applicable pricing page at the time of signup.
• Subscriptions renew automatically. You may cancel at any time as described in our Cancellation Policy.
• Except where required by law, paid fees are non-refundable.
• We may change pricing, features, or plan tiers with reasonable notice. Continued use after a change constitutes acceptance.

Subscribers retain ownership of customer records, work orders, invoices, and related data they enter into Tracker ("Subscriber Data"). kicktide processes Subscriber Data on the Subscriber's behalf solely to provide the Platform.

Subscribers grant kicktide a non-exclusive, worldwide license to host, store, process, transmit, and display Subscriber Data as necessary to provide the Platform, and to use aggregated and de-identified data for analytics, product improvement, and industry benchmarking.

Where a customer record is transferred or shared between Subscribers (for example, on the sale of a route), data portability and access rules are governed by kicktide's customer data portability policy and applicable law.

You agree not to:

• Use the Platform for any unlawful or fraudulent purpose;
• Post false, misleading, infringing, or harmful content;
• Circumvent, disable, or interfere with security or authentication features;
• Scrape, crawl, or use automated tools to extract data, except via APIs we expressly provide;
• Reverse engineer or attempt to derive source code from the Platform;
• Harass, abuse, or harm other users or our staff;
• Send unsolicited marketing, spam, or bulk messages;
• Impersonate another person or misrepresent your affiliation with any person or entity.

The Platform and its content, software, design, trademarks, and trade dress are owned by kicktide or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. All other rights are reserved.

You retain ownership of content you submit, and grant kicktide a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content as necessary to operate the Platform.

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limitation, kicktide does not:

• Guarantee the accuracy of any listing or user content;
• Verify the financial performance, customer retention, or transferability of any Marketplace asset;
• Guarantee uninterrupted or error-free operation;
• Assume responsibility for disputes between users, between Subscribers and their customers, or between buyers and sellers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KICKTIDE AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

KICKTIDE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO KICKTIDE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, for any dispute not subject to arbitration.

The parties will attempt in good faith to resolve any dispute informally before initiating any formal proceeding. Marketplace buyer/seller disputes should first be raised through the Platform's dispute tooling.

Questions about these Terms? Contact us:

• Email: support@kicktide.com
• Legal notices: legal@kicktide.com