Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and D2X Enterprises LLC (“we”, “us”, or “our”) governing your use of the Clear Water app (“the App”). Please read them carefully, especially the Safety Disclaimer, Disclaimer of Warranties, and Limitation of Liability sections below.

By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Acceptance and Eligibility

By using the App, you confirm that you can form a binding contract and that you are at least 18 years old. The App is intended for adults who own or maintain swimming pools and who handle pool chemicals. It is not intended for children, and the App is not directed to children under 13.

2. License and Acceptable Use

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own pool-maintenance purposes, subject to these Terms and any applicable app-store terms.

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable law or regulation.
• Reverse engineer, decompile, or attempt to extract the source code of the App, except where this restriction is prohibited by law.
• Interfere with, disrupt, overload, or attempt to gain unauthorized access to the App or its infrastructure.
• Resell, sublicense, or commercially exploit the App or its content without our permission.
• Use the App to store or transmit anything unlawful, infringing, or harmful.

3. Your Data

The App has no account and no sign-in. Your data is stored only on your device. You are solely responsible for your own data, including backing it up. We have no copy of your data and cannot recover it if your device is lost, reset, or damaged, or if you use “Reset all data”. See our Privacy Policy for details.

4. Guidance and Estimates

The App provides chemistry calculations, dosing estimates, and pool-care guidance. This information is general and approximate only and may not reflect the specifics of your pool, equipment, water source, or local conditions or regulations.

5. Purchases

The App offers an optional one-time in-app purchase, “Pro”, for $1.99 (USD, or local equivalent). This is a one-time purchase, not a subscription — there is no recurring charge. Pro unlocks features such as multiple pools, maintenance reminders, equipment tracking, and unlimited history.

All purchases are processed by the applicable app store (Apple App Store or Google Play). Billing, payment, and refunds are handled by Apple or Google under their respective terms and policies; we do not separately process payments or issue refunds. We use RevenueCat, Inc. to verify and restore your purchase (see our Privacy Policy). Prices may change prospectively; any change will not affect a purchase you have already made.

Pro unlocks additional features under the same personal, non-transferable license described in Section 2 — it is a license, not a sale of the software — and Pro features carry no additional or different warranty beyond Section 7.

Because the App has no account, your Pro upgrade is tied to the Google Play (or Apple) account you used to buy it. You can restore Pro at no charge on any device signed in to that store account using “Restore purchases.” If you reset on-device data or reinstall, restoring re-activates Pro; it cannot be transferred to a different store account.

Refunds and any statutory cancellation or withdrawal rights for digital purchases are handled by Google Play (or Apple) under their policies and the consumer law of your country; nothing in these Terms limits any non-waivable right you have.

6. SAFETY DISCLAIMER — PLEASE READ

THE APP PROVIDES ESTIMATES AND EDUCATIONAL GUIDANCE ONLY. IT IS NOT PROFESSIONAL, MEDICAL, OR SAFETY ADVICE.

Pool water chemistry calculations, dosing suggestions, water-balance indicators, and chemical-handling tips in the App are approximate estimates and educational starting points, generated from the information you enter. They are not instructions from a licensed professional and are not a substitute for the directions on your chemical products or the advice of a qualified pool-service professional.

You are handling hazardous chemicals. Pool chemicals can cause serious injury, chemical burns, toxic gas (for example, if incompatible chemicals are mixed), property damage, and other harm if mishandled, mismeasured, or misused.

You agree that:

• You will always read and follow the manufacturer’s product label and safety instructions, which control over anything in the App.
• You will follow all applicable local laws, regulations, and safety guidance for handling, storing, and disposing of pool chemicals.
• You will use your own judgment, re-test your water, add chemicals gradually, and never rely solely on the App’s estimates.
• You will seek a qualified professional’s help when appropriate, including for any situation involving safety, health, or significant uncertainty.
• You assume all risk arising from your use of the App’s guidance and from handling pool chemicals.

If you experience a medical emergency, contact emergency services or poison control immediately. The App is not a safety device and must not be relied on as one.

7. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure, that its calculations or content will be accurate or complete, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS ($50).

Nothing in these Terms excludes or limits our liability for gross negligence, willful misconduct, fraud, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under the laws of the Commonwealth of Pennsylvania or other applicable consumer-protection law. Because some jurisdictions do not allow certain limitations, parts of this section may not apply to you, and nothing here is intended to limit any rights you have that cannot be waived.

9. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless D2X Enterprises LLC and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, and reasonable expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the App, your violation of these Terms, your handling of pool chemicals, or your violation of any law or the rights of a third party. This does not apply to the extent a claim arises from our own gross negligence or willful misconduct.

10. Third-Party Services

The App is distributed through third-party app stores and, only if you opt in, uses a third-party analytics provider (PostHog) to process anonymous usage data as described in our Privacy Policy. If you make the one-time Pro purchase, it is processed by the app store and verified through RevenueCat, Inc. Your use of those stores and services is subject to their own terms and policies, which we do not control and for which we are not responsible.

11. Service Changes and Termination

We may modify, suspend, or discontinue the App or any of its features at any time. We may suspend or terminate your access if you violate these Terms or use the App in a way that could harm us or other users. You may stop using the App at any time, and you may reset your on-device data or delete the App as described in our Privacy Policy. Sections that by their nature should survive termination (including the Safety Disclaimer, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will survive.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws rules. Subject to any non-waivable rights you have under the law of your home jurisdiction, you agree that any dispute arising out of or relating to the App or these Terms will be resolved exclusively in the state or federal courts located in the Commonwealth of Pennsylvania, and you consent to the personal jurisdiction and venue of those courts. Nothing in this section limits your right to bring a qualifying claim in small-claims court.

13. Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements on that subject. Our failure to enforce any provision is not a waiver of it.

15. Translations

We may provide these Terms in languages other than English for your convenience. If there is any conflict or inconsistency, the English version governs.

16. Contact Us

Questions about these Terms? Reach us through our support page at https://d2xenterprises.com/support/:

D2X Enterprises LLC