Effective Date: July 17, 2026
Introduction and Structure of These Terms
These Partner Terms of Service (“Partner Terms”) govern the relationship between DUBAS DIGITAL LLC, a New Jersey limited liability company (“Company,” “we,” or “us”), and any independent business or entity that maintains a paid commercial relationship with the Company through the Dubas Digital mobile application (the “App”) as either (a) a pool service professional listed in the App’s “Find a Pro” directory (a “Service Professional” or “Pro”), or (b) a retail store or chemical/equipment supplier with a branded presence in the App’s treatment-plan recommendations and territory features (a “Store Partner”). Service Professionals and Store Partners are each referred to individually as a “Partner” and collectively as “Partners.”
These Partner Terms are organized in three parts:
- Part I — General Partner Terms, which apply to every Partner regardless of type;
- Part II — Additional Terms for Pool Service Professionals, which apply only to Partners with a Find a Pro directory listing; and
- Part III — Additional Terms for Retail Store Partners, which apply only to Partners with a branded retail/chemical presence in the App.
A Partner is bound by Part I together with whichever of Part II or Part III corresponds to that Partner’s role. Where a Partner holds both roles, both Part II and Part III apply to that Partner. No obligation, standard, or remedy described in Part II applies to a Store Partner, and no obligation, standard, or remedy described in Part III applies to a Service Professional, except to the extent that Partner separately holds the other role.
Part I
General Partner Terms
Applies to all Partners — Pros and Store Partners alike.
1. Scope and Relationship to the Terms of Use
Part I of these Partner Terms applies to any Partner — Service Professional or Store Partner — that maintains a paid commercial relationship with the Company through the App.
These Partner Terms supplement, and are incorporated into, the Company’s main Terms of Use (the “Terms of Use”), which govern all access to and use of the App generally. In the event of a direct conflict between these Partner Terms and the Terms of Use as applied specifically to a Partner’s commercial relationship with the Company, these Partner Terms control. In all other respects, the Terms of Use — including its provisions on account security, intellectual property, prohibited uses, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — apply fully to Partners.
Unlike consumer use of the App, which is licensed solely for personal, non-commercial use, a Partner’s use of the App is expressly commercial in nature: Partners use the App to market their business, obtain pool service business from consumers, or present branded product recommendations to consumers, as applicable to their role. By entering into a commercial relationship with the Company as a Partner, you accept and agree to be bound by these Partner Terms in addition to the Terms of Use.
Each Partner’s specific subscription tier, service territory / radius, and rate are not set by these Partner Terms — they are memorialized individually for each Partner in that Partner’s onboarding agreement and/or Schedule A, as described in Section 5 below. These Partner Terms establish the standard rules that apply to every Partner regardless of tier, territory, rate, or Partner type.
2. Service Territory
Each Partner’s commercial relationship with the Company is associated with an agreed service area, expressed as a radius (in miles) from a designated business address or territory center, within which the Partner represents it is willing and able to serve consumers referred through the App, or within which the Partner’s branded products or listing are presented to consumers (the “Service Territory”).
A Partner’s specific Service Territory radius is set out in that Partner’s onboarding agreement and/or Schedule A, as referenced in Section 5. The Company may display or associate the Partner with consumers located within the agreed Service Territory and is not obligated to do so for consumers outside of it. Additional, role-specific territory terms — including territory exclusivity for Store Partners — are set out in Part III.
3. Pricing, Billing, and Schedule A
Subscription pricing for a Partner relationship is negotiated individually on a per-Partner basis and is not a fixed public rate card. Each Partner’s agreed subscription tier, monthly or recurring rate, and Service Territory radius are memorialized in that Partner’s individual onboarding agreement and/or an accompanying Schedule A (collectively, “Schedule A”), which is incorporated by reference into these Partner Terms as to that Partner.
Unless otherwise expressly agreed in a Partner’s Schedule A, a Partner’s negotiated rate is fixed for an initial one (1) year term measured from the date the Partner relationship first became active, after which the rate becomes subject to renegotiation or adjustment on each successive one-year anniversary of that date (the “Anniversary Switch”). The Company will provide notice to the Partner in connection with any rate change taking effect at an Anniversary Switch.
Schedule A (per-Partner) memorializes, at minimum:
- The Partner’s type (Service Professional and/or Store Partner) and assigned subscription tier, together with the associated features and obligations described in Section 4;
- The Partner’s agreed Service Territory radius (Section 2), including whether that territory is exclusive as to chemical branding under Part III (Store Partners only); and
- The Partner’s negotiated recurring rate and the anniversary date governing the Anniversary Switch (this Section 3).
4. Tier Obligations
The Company offers Partner relationships at different subscription tiers, which may vary in price and in the features, placement, or promotional benefits made available to the Partner. A Partner’s specific tier, and the obligations and benefits attached to it, are set out in that Partner’s Schedule A (Section 3).
Regardless of tier or Partner type, every Partner must at all times: (a) maintain accurate and current account information, including services or products offered, contact information, and Service Territory; (b) hold any licenses, insurance, or certifications required by applicable law to operate in its Service Territory; (c) comply with any role-specific obligations set out in Part II (Service Professionals) or Part III (Store Partners), as applicable; and (d) comply with the Terms of Use, these Partner Terms, and all applicable law in its dealings with consumers reached through the App.
5. Non-Payment: Grace Period and Billing Suspension
This Section 5 governs suspension for non-payment and applies to every Partner. It is separate and independent from the rating-based suspension described in Part II (Section 9), which applies only to Service Professionals and only as a consequence of a Pro’s review rating — not non-payment. A Partner may become subject to either mechanism independently of the other.
5.1 Grace period
If a recurring payment on a Partner’s account fails or otherwise is not received when due, the Partner is not suspended immediately. Instead, a fourteen (14) day grace period begins, during which the Partner’s account and any associated listing or branded presence remain fully active. The Company will notify the Partner of the payment failure and the grace period deadline by email to the email address on file for the Partner’s account.
5.2 Suspension for non-payment
If payment is not successfully received before the end of the 14-day grace period, the Company may suspend the Partner’s account, including any associated Find a Pro listing (Service Professionals) or branded product presence and territory exclusivity (Store Partners), until payment is brought current. Suspension under this Section 5 is independent of, and uses a different notice period and mechanism than, the rating-based suspension described in Part II.
5.3 Reinstatement
An account suspended under this Section 5 is reinstated upon the Company’s receipt of payment sufficient to bring the account current, subject to the Company’s standard payment-processing timelines.
6. Reserved Discretion
Independent of any other provision of these Partner Terms, the Company reserves the right, consistent with the Terms of Use, to suspend, hide, or remove a Partner’s listing or branded presence, or to suspend or terminate a Partner’s account, at any time and in the Company’s sole discretion for reasons of conduct, consumer safety, legal or regulatory compliance, or any other violation of the Terms of Use or these Partner Terms. Part II, Section 10 describes how this reserved discretion relates specifically to the Rating Standard applicable to Service Professionals.
7. Term and Termination
These Partner Terms remain in effect for as long as a Partner maintains an active or suspended commercial relationship with the Company as described in this Section. A Partner may terminate its relationship with the Company at any time by providing notice to the Company through the applicable Pro or Business portal, or by contacting the Company as set out in the Terms of Use; termination by the Partner does not entitle the Partner to a refund of amounts already paid, except as expressly provided in Part II, Section 11 (Service Professionals only).
The Company may suspend or terminate a Partner’s listing, branded presence, or account (a) for non-payment, as described in Section 5; (b) automatically, based on rating, as described in Part II, Sections 9–10 (Service Professionals only); or (c) at the Company’s discretion, as described in Section 6. Sections 5 (Non-Payment), 6 (Reserved Discretion), Part II Section 11 (Billing During Rating-Based Suspension, Service Professionals only), and any provisions of the Terms of Use that by their nature survive termination, survive termination of a Partner’s relationship under these Partner Terms.
8. Portal Acceptable Use
Each Partner’s access to its Pro portal or Business portal, as applicable, is subject to the Terms of Use provisions on Accessing the App and Account Security and Prohibited Uses, applied to that portal in the same manner as to the consumer-facing App. A Partner is responsible for all activity occurring under its portal credentials and must notify the Company immediately of any unauthorized access to or use of its portal account. The Company reserves the right to disable or suspend portal access at any time in its sole discretion, including where it believes a Partner has violated these Partner Terms or the Terms of Use.
9. Effective Date; Existing Partners
These Partner Terms take effect for a given Partner on the later of (a) the general effective date posted for these Partner Terms, or (b) the date the Partner’s commercial relationship with the Company is first activated. A Partner with an active relationship as of the general effective date is bound by these Partner Terms upon notice and continued use of the App thereafter, consistent with the “Changes to the Terms of Use” provisions of the main Terms of Use.
Business-to-business marketing materials describing MyPoolGuy to prospective Partners (including any “for Pros” or “for Partners” pages) are provided for informational purposes only and are not a substitute for these Partner Terms; where such materials and these Partner Terms differ, these Partner Terms, together with the Partner’s Schedule A, control.
10. Incorporation of the Terms of Use
Except as expressly modified by these Partner Terms, all other provisions of the Terms of Use — including, without limitation, Intellectual Property Rights, Trademarks, Monitoring and Enforcement, Content Standards, Disclaimer of Warranties, Limitation on Liability, Indemnification, Governing Law and Jurisdiction, Arbitration, and Limitation on Time to File Claims — apply in full to Partners and to these Partner Terms.
Questions regarding these Partner Terms or a Partner’s relationship with the Company may be directed to [email protected].
Part II
Additional Terms for Pool Service Professionals Pro-Only
Applies only to Partners with a Find a Pro directory listing. The Rating Standard, review-integrity safeguards, cure period, and rating-based suspension described in this Part II do not apply to Store Partners, who are not rated in the App.
1. Application of This Part
This Part II applies to any Partner that maintains a paid listing in the App’s “Find a Pro” directory (the “Directory”) as an independent pool service professional (“Service Professional” or “Pro”). It supplements, and is additional to, Part I of these Partner Terms, which applies to this Partner in its capacity as a Partner generally. Nothing in this Part II applies to a Partner solely in its capacity as a Store Partner under Part III.
2. Directory Listing and the Minimum Rating Standard
Service Professionals pay a recurring subscription fee to maintain a Directory listing visible to consumers using the App. Consumers who use the App may leave a rating of one to five stars, together with a written review, for a Service Professional following genuine use of that Professional’s services.
To remain listed in the Directory, a Service Professional must maintain a minimum average rating of 4.5 stars across all verified customer reviews (the “Rating Standard”). An average of exactly 4.5 stars satisfies the Rating Standard; the minimum is inclusive.
2.1 Minimum sample size
The Rating Standard is not enforced against a Service Professional until that Professional has received at least five (5) verified customer reviews. Below this threshold, the Professional’s listing remains active in the Directory regardless of the Professional’s average rating at that time.
2.2 Basis for the Rating Standard
The Rating Standard is enforced against a Service Professional’s verified review average — that is, reviews collected and safeguarded under the review-integrity protections described in Section 3. Those safeguards exist so that an average rating reflects genuine customer sentiment, which is what makes it appropriate to hold a Professional’s continued listing to this standard.
3. Review Integrity and Anti-Manipulation Safeguards
The Company has implemented, and may from time to time update, technical safeguards designed to protect the integrity of the review system that underlies the Rating Standard. These safeguards include, without limitation:
- Authenticated reviewers only: reviews may be submitted only from within the App by a signed-in registered account. There is no public or web-based review submission form.
- Genuine-use requirement: an account must have completed at least one water test in the App before it is eligible to submit a review, so that accounts created solely to leave a review cannot do so.
- One review per customer per Professional: enforced at the database level. A customer resubmitting a review updates that customer’s existing review for the Professional rather than adding an additional review.
- Velocity limits: an account may submit no more than one review platform-wide every seven (7) days, subject to a hard cap of three (3) reviews per account per day.
- Coordinated-attack detection: three (3) or more reviews originating from the same IP address within a 24-hour period are automatically flagged for review. Device fingerprints and IP addresses associated with reviews are logged for forensic and moderation purposes.
- Quarantine pending moderation: flagged reviews are withheld from public display and are excluded from a Professional’s average rating unless and until a platform administrator affirmatively approves the review.
- Human moderation: Company administrators review flagged submissions, including correlated IP and device evidence, and either approve or remove each flagged review. Removed reviews never count toward a Professional’s average rating.
3.1 Consumer review-integrity obligation
Consistent with, and in furtherance of, the Content Standards and Prohibited Uses set out in the Terms of Use, every review submitted through the App must reflect a genuine, first-hand customer experience with the reviewed Service Professional. Attempting to manipulate a Professional’s rating in any manner — including, without limitation, by submitting or coordinating reviews across multiple accounts, devices, or identities — is prohibited and constitutes grounds for removal of the review and termination of the offending account.
A Service Professional who becomes aware of, or reasonably suspects, coordinated or fraudulent reviews affecting its listing may flag the review(s) in question for moderation review through the mechanism made available in the Pro portal. Investigation and resolution of flagged reviews through this moderation process is the Professional’s means of raising a concern about the accuracy or integrity of reviews counted toward its average rating.
4. Cure Period, Suspension, and Restoration of Listing
4.1 Cure period
If a Service Professional’s average rating falls below 4.5 stars after the Professional has received five (5) or more verified reviews, the Professional is not removed from the Directory immediately. Instead, a thirty (30) day cure period begins, during which the Professional’s listing remains fully active and visible in the Directory. The Company will notify the Professional of the cure period and its deadline both (a) by email to the email address on file for the Professional’s account, and (b) by a notice displayed within the Professional’s Pro portal.
4.2 Automatic suspension of listing
If the Professional’s average rating remains below 4.5 stars at the end of the 30-day cure period, the Professional’s listing is automatically hidden from the Directory. This suspension affects consumer-facing discovery only. It does not terminate the Professional’s account or portal access, and does not affect existing customer relationships, consumers who have already favorited the Professional, or quotes already pending with consumers at the time of suspension.
4.3 Automatic restoration
A Service Professional’s listing is automatically restored to the Directory the moment its average rating returns to 4.5 stars or higher — including where the average is restored as a result of a review being removed through the moderation process described in Section 3. No application, request, or administrator action is required to trigger restoration.
4.4 Clock reset
If a Service Professional’s average rating recovers to 4.5 stars or higher at any point during the 30-day cure period, the cure period is cleared in its entirety. A subsequent drop below 4.5 stars begins a fresh 30-day cure period. Cure periods do not accumulate, and a prior cure period is not treated as a “strike” against the Professional.
5. Billing During Rating-Based Suspension
No refund, credit, or proration is issued for the billing cycle in progress at the time a Service Professional’s listing is suspended under Section 4.2 — the Professional will have received the full 30-day cure period described in Section 4.1 and a full opportunity to cure before suspension takes effect.
Once a listing is suspended at the end of the cure period, the Professional is removed from ongoing subscription billing for as long as the listing remains suspended; the Professional is not charged for any period during which its listing is hidden from the Directory. Billing resumes together with, and at the same time as, restoration of the listing under Section 4.3.
This billing treatment applies only to suspension under the Rating Standard described in this Part II. It is distinct from, and does not modify, the non-payment grace period and suspension process described in Part I, Section 5, which governs suspension for failure to pay and follows its own 14-day notice mechanism.
6. Reserved Discretion Independent of the Rating Standard
The Rating Standard set out in Sections 2 through 5 of this Part II is one ground on which a Service Professional’s Directory listing may be suspended or removed — it is not the only ground. Independent of a Professional’s average rating, and in addition to the reserved discretion described in Part I, Section 6, the Company reserves the right, consistent with the Terms of Use, to suspend, hide, or remove a Professional’s listing, or to suspend or terminate a Professional’s account, at any time and in the Company’s sole discretion for reasons of conduct, consumer safety, legal or regulatory compliance, or any other violation of the Terms of Use or these Partner Terms.
Part III
Additional Terms for Retail Store Partners Store-Only
Applies only to Partners with a branded retail/chemical presence in the App. Store Partners are not rated in the App and are not subject to the Rating Standard, review-integrity safeguards, or rating-based suspension described in Part II.
1. Application of This Part
This Part III applies to any Partner that maintains a paid, branded retail or chemical-supply presence in the App (a “Store Partner”), including a Store Partner whose branded products appear in consumer treatment-plan recommendations generated by the App. It supplements, and is additional to, Part I of these Partner Terms, which applies to this Partner in its capacity as a Partner generally. Nothing in this Part III applies to a Partner solely in its capacity as a Service Professional under Part II.
For clarity, and as reflected in the App’s current design: Store Partners are not assigned a consumer-facing rating, are not subject to any minimum-rating standard, and have no review or rating mechanism analogous to the Rating Standard described in Part II. No provision of this Part III should be read to impose, by implication or analogy, a rating-based obligation on a Store Partner.
2. Chemical Branding: Accuracy and Representation
A Store Partner may configure, through its Business portal, a list of branded chemical or pool-care products that the App may surface to consumers within the Store Partner’s Service Territory as part of App-generated treatment-plan recommendations, including product identity, availability, and price information the Store Partner elects to provide.
A Store Partner is responsible for the accuracy of the branded product information it submits through the Business portal — including product identity, in-stock status, and pricing — for so long as that information is configured to appear in consumer treatment plans within its Service Territory. A Store Partner should keep this information reasonably current and should promptly correct or remove branding information it knows or reasonably believes to be inaccurate.
The Company does not independently verify branded product information submitted by a Store Partner and, consistent with the Terms of Use’s general disclaimers regarding third-party content and reliance on App information, disclaims responsibility for the accuracy of any Store Partner’s branded product listings.
3. Territory Exclusivity for Chemical Branding
Where a Store Partner’s Schedule A designates that Partner’s tier as including territory exclusivity for chemical branding, the Company will not present another Store Partner’s branded chemical products in consumer treatment-plan recommendations within that Store Partner’s designated Service Territory for as long as the exclusive-tier relationship remains active. Exclusivity under this Section applies only to chemical branding placement as described here; it does not, without more, restrict the Company’s other App features or the Company’s relationships with Service Professionals or other Store Partners outside the scope of chemical-branding placement.
A Store Partner’s specific exclusivity terms, if any, and the Service Territory to which they apply are set out in that Store Partner’s Schedule A (Part I, Section 3) and are subject to the general Service Territory provisions of Part I, Section 2.