[STAGING] Terms of Service – TEST

1. ACCEPTANCE OF TERMS

By accessing or using TEST – Sac Pool Services (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

2. DESCRIPTION OF SERVICE

TEST – Sac Pool Services operates as a call-based lead generation service connecting people seeking TEST – Sac Pool Services services with participating professionals in Sacramento, CA. Professionals are independent businesses who have self-certified their qualifications to provide services in their trade or field.

For Callers: We answer calls 24/7 and connect you with available professionals.

For Professionals: We provide qualified inbound call opportunities through our platform. A separate Partner Agreement governs the professional relationship, billing, and service terms. By becoming a partner, you agree to both these Terms and the Partner Agreement.

The Service may include various products and features beyond initial enrollment. All available features and products are presented within your authenticated account area.

3. ELIGIBILITY

3.1 For Callers

You must be 18 years or older to use this Service. By using the Service, you represent that you meet this requirement.

3.2 For Professionals

To become a partner, you must:

Self-certify that you hold all applicable CA licenses and permits required for your trade or service
Self-certify that you maintain required insurance coverage
Be in good standing with no major complaints
Agree to the separate Partner Agreement

Note: We require self-certification only. We do not independently verify license numbers, insurance policy details, or business credentials. Partners bear sole responsibility for maintaining all required licenses, certifications, and insurance at all times.

4. USE OF SERVICE

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Use

You may NOT:

Provide false or misleading information
Use the Service to spam, harass, or solicit
Attempt to access unauthorized areas of the Service
Interfere with or disrupt Service operations or infrastructure
Violate any applicable laws or regulations
Resell or redistribute Service access without written authorization
Use automated systems, bots, or scripts to access the Service
Access or use the Service with the intent to develop, build, or assist in building a competing product or service
Use access to the Service — including its features, workflows, pricing mechanics, routing logic, user interface, or any other aspect of its operations — to study, document, map, replicate, or assist in replicating any part of the Service for competitive purposes
Collect, compile, or analyze information about the Service’s features, pricing, mechanics, or operations for competitive purposes
Create accounts without genuine intent to use the Service for its stated purpose

4.3 Pricing

Pricing for service products available through the platform may vary based on factors including service type, timing, market demand, and other conditions. Current pricing is always displayed within your authenticated account dashboard. Pricing is not published outside of authenticated account areas.

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage resulting from unauthorized access caused by your failure to maintain credential security. Any action taken through your account — including by staff members or other authorized users — is deemed your action and your responsibility.

5. CALL RECORDING AND TRANSCRIPTION

IMPORTANT NOTICE: All calls are recorded and may be transcribed for quality assurance, training, dispute resolution, verification, and operational purposes.

Callers are notified of recording via an automated disclosure at the start of each call. Continued participation in the call constitutes consent to recording and transcription under applicable law.

By using the Service, you acknowledge and consent to call recording and transcription. Recordings and transcriptions are retained in accordance with our Privacy Policy and may be used to:

Verify call quality and billing eligibility
Resolve disputes
Train staff
Ensure service quality
Comply with legal obligations

6. BILLING AND PAYMENT

6.1 Partner Billing

Billing terms for professional partners are governed by the Partner Agreement. Partners are billed on a periodic cycle for qualified calls and services received. Current billing terms, payment schedules, and invoice information are available within your account dashboard.

6.2 Call Qualification

Not all connected calls result in a charge. Calls must meet minimum quality and connection standards to be considered billable. The qualification standards applicable to your account are described in your dashboard and the Partner Agreement.

6.3 Account Credits

Approved adjustments, credits, and similar account actions result in credits applied to your account balance against future invoices. Account credits have no cash value, are non-transferable, and are not redeemable for cash unless required by applicable law.

6.4 Suspension

Accounts with unresolved outstanding balances may be suspended until payment is received. During suspension, service delivery is paused. Partners will receive notice before suspension where practicable.

7. DISPUTES

7.1 Call Quality Disputes

Partners may submit quality disputes for calls that do not meet the service standards described in the Partner Agreement. Disputes must be submitted within the applicable dispute window displayed in your account dashboard. Disputes submitted outside the applicable window will not be reviewed.

7.2 Dispute Outcomes

Approved disputes result in account credits applied to future invoices. Partial approvals may be issued at Provider’s discretion. Dispute abuse — including submitting disputes in bad faith or at a rate inconsistent with normal service use — may result in account review or termination.

7.3 Billing Disputes

Disputes regarding invoices or billing must first be submitted through the dispute process in your account dashboard before escalating to any formal proceeding.

8. SERVICE AVAILABILITY AND MAINTENANCE

The Service is provided on an “as available” basis. We do not guarantee uninterrupted access or continuous availability. We reserve the right to modify, suspend, update, or discontinue the Service or any feature thereof at any time, for any reason, with or without notice, including but not limited to maintenance, security updates, performance improvements, bug fixes, infrastructure changes, or any other operational need.

We are not liable for any interruption, degradation, suspension, or discontinuation of the Service, regardless of cause or duration. Your sole remedy for a Service interruption is to contact our support team. Planned or unplanned unavailability does not constitute a breach of these Terms and does not entitle you to any credit, refund, or offset of amounts owed.

We will use reasonable efforts to communicate significant planned downtime when practicable, but make no commitment to advance notice of any specific maintenance activity.

9. AUTOMATED SYSTEMS

The Service uses automated systems to support operations including call routing, quality analysis, account activity assessment, pricing, and fraud detection. These systems assist in making operational decisions and may affect service delivery, billing eligibility, and account standing. We reserve the right to modify or update automated systems at any time. Partners may contact support to inquire about automated decisions affecting their account.

10. NO WARRANTY

10.1 Service Provided “As Is”

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.

10.2 No Guarantee of Results

We do not guarantee:

Specific call volume, frequency, or quality
Professional response times or availability
Service completion or customer satisfaction
Uninterrupted or error-free operation
That calls will be available at any particular volume or time

Call availability depends on market demand, geographic factors, and system conditions outside our control. Partners may receive few or no calls during any given period.

10.3 Beta and Preview Features

From time to time, we may make features or products available on a beta, preview, or early-access basis. Such features are provided without warranty of any kind, may contain errors or inaccuracies, and may be modified, suspended, or discontinued at any time without notice. Use of beta or preview features is at your own risk.

10.4 No Exclusivity

Use of the Service does not grant exclusivity in any service area. Multiple professionals may serve the same area. Partners are charged only for qualified calls they actually receive — not for availability, enrollment, or time on the platform.

10.5 Professional Services

We are not responsible for:

Quality of professional work performed for customers
Professional licensing or insurance status
Disputes between callers and professionals
Pricing charged by professionals to customers
Completion or outcome of any service
The accuracy of caller identity information or stated service intent

11. LIMITATION OF LIABILITY

11.1 Liability Cap

Our total liability for any claim arising from the Service is limited to the amount paid by the claimant in the preceding 30 days, or $100, whichever is greater.

11.2 Excluded Damages

We are not liable for:

Indirect, incidental, special, punitive, or consequential damages
Lost profits or business interruption
Property damage or personal injury caused by professionals
Data loss or corruption
Third-party service failures
Losses arising from Service unavailability, maintenance, or outages

11.3 Professional Liability

Professionals are independent businesses. We are not liable for their actions, work quality, conduct, or compliance with applicable laws.

12. INDEMNIFICATION

You agree to indemnify and hold harmless TEST – Sac Pool Services, its officers, employees, and affiliates from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any applicable law or regulation
Any false or misleading information you provide
Services performed by you for customers (professionals only)

13. TERMINATION

13.1 By You

You may stop using the Service at any time. Professional partners should follow the cancellation process described in the Partner Agreement.

13.2 By Us

We may suspend or terminate access to the Service immediately if you:

Violate these Terms or the Partner Agreement
Provide false or misleading information
Engage in abusive, fraudulent, or deceptive behavior
Fail to satisfy outstanding payment obligations
Use the Service in any way that could expose us to legal liability

13.3 Effect of Termination

Upon termination:

Your right to use the Service ends immediately
Outstanding amounts owed become immediately due
Account data is subject to the retention schedule described in our Privacy Policy
Financial records are retained as required by applicable law

14. PRIVACY

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data collection and use practices as described in the Privacy Policy.

15. ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive all communications from us electronically, including but not limited to invoices, notices, disclosures, policy updates, and legally required notices. Electronic communications satisfy any requirement that such communications be provided in writing. It is your responsibility to maintain a current, active email address on your account and to check for communications from us regularly.

16. TRANSLATIONS

Where we make these Terms, our Privacy Policy, or other platform documents available in languages other than English, those translations are provided for convenience only. Translations may not be complete or fully accurate. In the event of any inconsistency or conflict between a translated version and the English version, the English version controls and governs in all cases. You are encouraged to review the English version of any legal document before relying on it.

17. DISPUTE RESOLUTION

17.1 Informal Resolution

Before initiating any formal dispute, arbitration, or legal proceeding, you agree to first contact us and attempt to resolve the issue informally. You must provide written notice describing the nature of the dispute and the requested resolution. Both parties agree to make a good faith effort to resolve the matter within 30 days from the date the notice is received.

17.2 Governing Law

These Terms are governed by the laws of the State of CA, without regard to conflict of law principles.

17.3 Arbitration

Any dispute arising from these Terms or the Service that is not resolved informally shall be resolved through binding arbitration administered in the State of CA, in accordance with the American Arbitration Association rules.

17.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

17.5 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TEST – Sac Pool Services EACH EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM OF ANY NATURE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICE.

17.6 Exceptions

The following may be brought in court without arbitration:

Actions within the jurisdictional limit of the applicable small claims court
Intellectual property disputes
Claims for injunctive relief for violations of these Terms

18. INTELLECTUAL PROPERTY

18.1 Our Rights

All content, trademarks, logos, software, systems, and intellectual property associated with the Service are owned by TEST – Sac Pool Services or licensed to us. You may not use, copy, reproduce, or reverse engineer any part of the Service without written permission.

18.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for its intended purpose. This license does not permit commercial use outside of the Service’s stated purpose, resale, or use for competitive analysis.

18.3 Feedback and Suggestions

Any suggestions, ideas, feature requests, or feedback you provide to us regarding the Service are provided voluntarily and without expectation of compensation. All such input becomes our exclusive property upon submission and may be used, developed, or commercialized for any purpose without compensation, attribution, or further obligation to you.

19. THIRD-PARTY SERVICES

The Service integrates with third-party service providers to deliver certain functionality. Your use of the Service may be subject to the terms and privacy policies of those providers. We are not responsible for the availability, accuracy, security, or conduct of third-party services. Failures, outages, or errors of third-party services — including telecommunications providers, payment processors, or cloud infrastructure — do not constitute a breach by us and do not entitle you to any credit or offset.

20. FORCE MAJEURE

We are not liable for any delay or failure in Service delivery caused by events or circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, infrastructure outages, telecommunications failures, third-party service provider failures, labor disputes, cyberattacks, or any other event that materially affects our ability to deliver the Service.

21. MODIFICATION OF TERMS

We may modify these Terms at any time with reasonable advance notice. Continued use of the Service after changes constitutes acceptance of the modified Terms.

Material changes will be communicated via:

Email notification
Website posting
In-app notification

22. GENERAL PROVISIONS

22.1 Entire Agreement

These Terms (along with the Privacy Policy and Partner Agreement if applicable) constitute the entire agreement between you and TEST – Sac Pool Services with respect to your use of the Service.

22.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full effect.

22.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

22.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate without restriction.

22.5 Survival

The following provisions survive termination or expiration of these Terms for any reason: Section 5 (Call Recording and Transcription), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 14 (Privacy), Section 17 (Dispute Resolution), Section 18 (Intellectual Property), and any other provision that by its nature should survive termination.

23. ACCESSIBILITY

We make good-faith efforts to ensure the Service is accessible to users with disabilities. We do not warrant or guarantee that the Service meets any particular accessibility standard. If you experience accessibility barriers, please contact us at admin@test.sacpoolservices.com and we will make reasonable efforts to assist you.

24. CALIFORNIA-SPECIFIC PROVISIONS

24.1 California Civil Code § 1542

California residents expressly waive California Civil Code § 1542, which states:

“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.”

24.2 Consumer Rights

Nothing in these Terms limits rights provided to California residents under applicable California consumer protection laws.

25. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

Complaint Assistance: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

26. CONTACT INFORMATION

For questions about these Terms:

Email: admin@test.sacpoolservices.com

Mail:

Company: TEST – Sac Pool Services

Website: https://test.sacpoolservices.com