Terms & Conditions

1. Agreement to Terms and Eligibility

These Terms and Conditions ("Terms") are a legally binding agreement between you ("User," "you," or "your") and ATX Devs LLC, a Texas limited liability company that operates Fire the Pool Guy ("ATX Devs LLC," "we," "us," or "our"). By purchasing, accessing, or using any product or service offered through firethepoolguy.com (the "Site"), you agree to these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Site or purchase any product offered through it. Completing a purchase or accessing the Kit constitutes your electronic signature and acceptance of these Terms.

The Site and Kit are offered only to customers located in the United States who are at least eighteen (18) years old. By purchasing or using the Kit, you represent and warrant that you are located in the United States, are at least 18 years old, and have the legal capacity to enter into a binding agreement. If you are purchasing on behalf of another person, you represent and warrant that the end user meets those requirements. ATX Devs LLC assumes no responsibility for use by or on behalf of minors.

2. Products and Services

ATX Devs LLC offers the following through Fire the Pool Guy (collectively, the "Kit"):

• Educational Ebook: A written guide on residential swimming pool maintenance for informational purposes only.
• ChemCoach Application: A web-based tool that generates chemical dosage suggestions based solely on water test data entered by you. The accuracy of any output depends entirely on the accuracy of your inputs. ATX Devs LLC makes no representation that any dosage suggestion is appropriate for your pool. You are solely responsible for verifying all calculations independently before adding any chemical to your pool.
• Member Support: Direct messaging with ATX Devs LLC through the members-only area of the Site while your membership is active, subject to the limits in Section 12.

The Kit is offered as an automatically renewing annual membership billed at the price shown at checkout. Your payment method will be charged when you join and once each year until you cancel. Access is granted upon successful payment and continues while your membership remains active. You may cancel at any time by emailing hello@firethepoolguy.com; cancellation takes effect at the end of the current paid billing period. ATX Devs LLC may modify the Kit from time to time, and may suspend or discontinue a feature with reasonable notice.

3. Not Professional Advice

THE KIT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL, LICENSED, OR CERTIFIED ADVICE OF ANY KIND.

ATX Devs LLC is not a licensed pool contractor, chemical engineer, certified pool operator, or licensed professional of any kind. Nothing in the Kit - including the ebook, the ChemCoach application, or any direct communications - should be construed as professional advice. The information provided reflects the personal experience of a residential pool owner and is not a substitute for advice from a licensed pool professional, a certified pool operator, a qualified chemical handler, or any other licensed professional. No professional relationship of any kind is created between you and ATX Devs LLC by virtue of your purchase or use of the Kit.

You should independently verify all information against product manufacturer instructions, local regulations, and applicable safety codes before taking any action. When in doubt, consult a licensed professional.

4. Emergencies

THE KIT IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IN ANY EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

If you or anyone else experiences a chemical exposure, chemical burn, ingestion of pool chemicals, or any other medical emergency related to pool maintenance, stop use of the Kit immediately and contact emergency services. For chemical exposures, contact the Poison Control Center at 1-800-222-1222 (U.S.).

ATX Devs LLC is not available for emergency assistance. Do not rely on the Kit or on email support in any situation involving a risk to life, health, or safety.

5. User Representations and Voluntary Assumption of Risk

By purchasing and using the Kit, you expressly represent, warrant, and acknowledge that:

• You have read these Terms in their entirety and understand them;
• You are voluntarily choosing to perform pool maintenance yourself and are not relying on any representation by ATX Devs LLC other than what is expressly set forth in these Terms;
• You understand that pool maintenance involves handling hazardous chemicals and operating mechanical and electrical equipment;
• You accept full personal responsibility for all consequences of your pool maintenance activities; and
• You have independently determined that self-managed pool maintenance is appropriate and lawful for your situation and jurisdiction.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT POOL MAINTENANCE INVOLVES THE HANDLING OF HAZARDOUS CHEMICALS AND THE OPERATION OF MECHANICAL AND ELECTRICAL EQUIPMENT, AND THAT SUCH ACTIVITIES CARRY INHERENT RISKS, INCLUDING BUT NOT LIMITED TO CHEMICAL BURNS, POISONING, RESPIRATORY INJURY, FIRE, EXPLOSION, ELECTROCUTION, DROWNING, PROPERTY DAMAGE, AND PERSONAL INJURY OR DEATH.

Drowning Hazard: Swimming pools present a risk of drowning, including to children, non-swimmers, and unsupervised individuals. Nothing in the Kit addresses pool safety as it relates to drowning prevention. You are solely responsible for implementing and maintaining appropriate barriers, covers, alarms, supervision, and safety measures to prevent drowning in compliance with all applicable laws and regulations.

You agree that you are solely responsible for:

• Reading, understanding, and following all manufacturer instructions and safety data sheets for any chemical products you purchase or use;
• Using appropriate personal protective equipment when handling pool chemicals;
• Storing chemicals safely, separately, and in compliance with all applicable laws and regulations;
• Never mixing different pool chemicals together unless specifically directed by the manufacturer;
• Ensuring that all pool equipment is properly installed, maintained, and operated in accordance with manufacturer specifications and applicable codes;
• Researching and complying with all federal, state, county, and local laws, regulations, and ordinances applicable to pool operation, chemical storage, and chemical use in your specific jurisdiction, which may differ significantly from information provided in the Kit; and
• The health, safety, and supervision of all persons and animals who may access your pool or pool area, including children.

Release of Claims: In consideration of access to the Kit, you hereby irrevocably release, waive, and forever discharge ATX Devs LLC and its owners, operators, agents, and successors from any and all claims, demands, damages, actions, or causes of action of any kind, known or unknown, arising out of or in connection with your use of the Kit or your pool maintenance activities.

Waiver of California Civil Code § 1542: If you are a California resident, you expressly waive the protections of California Civil Code § 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You understand the significance of this waiver and nonetheless agree to it.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATX DEVS LLC, ITS OWNERS, OPERATORS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE KIT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ATX DEVS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any event, ATX Devs LLC's total cumulative liability to you for any and all claims arising out of or related to these Terms or the Kit shall not exceed the amount you paid to ATX Devs LLC during the twelve (12) months before the event giving rise to the claim, regardless of the form of action and notwithstanding any failure of essential purpose of any limited remedy set forth herein.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, ATX Devs LLC's liability shall be limited to the greatest extent permitted by applicable law.

7. Disclaimer of Warranties

THE KIT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.

ATX Devs LLC does not warrant that: (a) the Kit will meet your specific requirements or expectations; (b) the dosage recommendations provided by the ChemCoach application will be accurate for your specific pool, water source, equipment, or conditions; (c) the Kit will be error-free or uninterrupted; or (d) any results obtained through use of the Kit will be accurate or reliable.

Pool chemistry is affected by a wide range of variables including but not limited to local water chemistry, bather load, sunlight exposure, temperature, equipment type, and chemical product formulation variations. Individual results will vary.

Savings Estimates: Any cost savings figures referenced on the Site or in the Kit are illustrative estimates based on national average pool service pricing and are not a guarantee of the savings you will achieve. Your actual savings will depend on your current service contract, local chemical prices, pool size, and other factors. Results vary.

8. Third-Party Products and Links

The Kit may reference, recommend, or link to third-party products, services, or websites, including but not limited to test kits, pool equipment, cleaning products, and chemical suppliers. Such references are provided for informational convenience only. ATX Devs LLC does not endorse, warrant, or assume any responsibility for any third-party product or service, and makes no representation that any referenced product is safe, effective, or appropriate for your specific situation.

You purchase and use any third-party product at your own risk and subject to that product's own terms, warnings, and manufacturer instructions. ATX Devs LLC is not responsible for any harm resulting from your purchase or use of any third-party product, whether or not referenced in the Kit.

ATX Devs LLC may receive compensation for referrals to certain third-party products. Any such relationships will be disclosed in accordance with applicable FTC guidelines.

9. Indemnification

You agree to defend, indemnify, and hold harmless ATX Devs LLC and its owners, operators, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or reliance on the Kit; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) any injury, death, or property damage caused by your actions or omissions in connection with pool maintenance, chemical handling, or pool operation; (e) your inaccurate or erroneous data entry into the ChemCoach application; or (f) any third-party claims arising from your use of the Kit.

ATX Devs LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with ATX Devs LLC's defense of such matter. You shall not settle any claim that imposes any obligation or liability on ATX Devs LLC without ATX Devs LLC's prior written consent.

10. Refund Policy

ATX Devs LLC offers a thirty (30) day money-back guarantee on your first membership payment. If you are not satisfied with the Kit for any reason, you may request a full refund within thirty (30) days of first joining by emailing hello@firethepoolguy.com. Refunds will be processed to your original payment method. Renewal payments are non-refundable except where required by law.

A full refund cancels your membership and terminates your license and access to the Kit. You agree to cease all use of the ebook and ChemCoach application upon refund. A refund does not affect any other provision of these Terms, including the release of claims in Section 5, the limitation of liability in Section 6, and the indemnification in Section 9, all of which survive termination.

11. Intellectual Property

All content included in the Kit - including but not limited to text, graphics, data, calculations, and software - is the proprietary property of ATX Devs LLC and is protected by applicable copyright and intellectual property laws. Your active membership grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Kit for your own personal, non-commercial residential pool maintenance purposes only.

You may not: (a) reproduce, distribute, or publicly display any portion of the Kit; (b) sell, sublicense, or transfer your access to any third party; (c) use the Kit to create competing products or services; or (d) remove or alter any proprietary notices or labels.

12. Support Access

Direct support is available while your membership is active. Support messages are submitted through the members-only area of the Site; ATX Devs LLC responds by email to the address associated with your membership, usually within one (1) business day. This is an estimate, not a guaranteed response time.

Fair Use: Support is limited to reasonable personal use concerning your own residential pool. Message submission is limited to one (1) message every twenty-four (24) hours. ATX Devs LLC may decline support or terminate a membership for use that exceeds reasonable personal use or is abusive in nature.

Support communications are for general guidance only, do not constitute professional advice, and do not create any warranty, guarantee, or modification of these Terms. No statement made in support communications shall be construed to expand ATX Devs LLC's liability beyond what is set forth in these Terms. Direct support and access to the ebook and ChemCoach application end when the membership ends.

13. Privacy and Data

Our Privacy Policy explains what personal information we collect, why we use it, the service providers involved, how long we retain it, and how to request access, correction, or deletion. The Privacy Policy is incorporated into these Terms by reference.

14. Force Majeure

ATX Devs LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or infrastructure outages, third-party service failures, cyberattacks, government actions, or any other event outside ATX Devs LLC's reasonable control. In such circumstances, ATX Devs LLC's obligations shall be suspended for the duration of the event.

15. Limitation on Time to File Claims

Any claim or cause of action arising out of or related to these Terms or the Kit must be filed within one (1) year after such claim or cause of action arose, regardless of any statute of limitations to the contrary. Any claim not filed within this period is permanently barred. This limitation applies to the fullest extent permitted by applicable law.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Kit that cannot be resolved informally shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Austin, Texas. Judgment on any arbitration award may be entered in any court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

18. No Agency or Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and ATX Devs LLC. You have no authority to bind ATX Devs LLC in any respect.

19. Survival

The following sections shall survive expiration or termination of these Terms for any reason: Section 3 (Not Professional Advice), Section 5 (User Representations and Voluntary Assumption of Risk, including the release of claims and California § 1542 waiver), Section 6 (Limitation of Liability), Section 7 (Disclaimer of Warranties), Section 9 (Indemnification), Section 11 (Intellectual Property), Section 15 (Limitation on Time to File Claims), Section 16 (Governing Law and Dispute Resolution), Section 17 (No Third-Party Beneficiaries), and Section 19 (Survival).

20. Modifications to Terms

ATX Devs LLC reserves the right to modify these Terms at any time. Changes will be posted to this page with an updated effective date. Your continued use of the Kit following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

21. No Waiver

No failure or delay by ATX Devs LLC in exercising any right, remedy, or provision under these Terms shall constitute a waiver of that right, remedy, or provision. A waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other provision.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

23. Entire Agreement

These Terms constitute the entire agreement between you and ATX Devs LLC with respect to the Kit and supersede all prior or contemporaneous communications and proposals, whether oral or written, including any representations made during direct support communications. Section headings are for convenience only and shall not affect the interpretation of these Terms.

24. Contact

Questions about these Terms may be directed to: hello@firethepoolguy.com