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, Assumption of Risk, 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 — Not Professional Advice

The App provides chemistry calculations, dosing estimates, and general pool-care guidance. This output is an approximate, educational estimate generated only from the values you type in — it is not professional, engineering, medical, or safety advice, and it is not an authoritative or exact instruction.

The App does not know, and cannot verify, your actual water, the true condition or accuracy of your test readings, your specific equipment, or the exact chemical product, strength, or concentration you are using. Chemical products vary in strength and behavior, and real pools respond differently than any formula predicts. Every dosing figure the App shows is a starting point to be checked against your product’s label and adjusted by re-testing, never a final answer. The directions on your chemical product, and the guidance of a qualified pool professional, always control over anything in the App. Do not rely on the App as your sole source of guidance.

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 AND ASSUMPTION OF RISK — 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, blindness, toxic or lethal gas (for example, if incompatible chemicals such as chlorine and acid are mixed), fire, explosion, property damage, and death if mishandled, mismeasured, mixed, stored, or misused.

Assumption of risk. You understand and expressly acknowledge that:

• Handling, measuring, mixing, storing, and disposing of pool chemicals is inherently and unavoidably dangerous, and this danger exists independently of the App.
• You alone are responsible for the safe handling, accurate measurement, correct storage, and lawful disposal of every chemical you use, and for verifying every amount before you add it.
• You knowingly and voluntarily assume all risks arising from your handling of pool chemicals and from your use of the App’s guidance, and you accept full responsibility for your own decisions and actions.

You further 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.

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.

This Section 6 does not purport to waive, and does not waive, any right you may have that cannot be waived under the mandatory law of your country of residence, including any liability for death or personal injury caused by our negligence (see Sections 8 and 16).

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 or the exclusion of implied statutory guarantees, so some of the above exclusions may not apply to you. Where you deal with us as a consumer, you may have statutory conformity and warranty rights that these Terms do not affect (see Section 16).

8. Limitation of Liability

IMPORTANT — WHAT WE DO NOT AND CANNOT LIMIT. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or willful misconduct; or any other liability that cannot be excluded or limited under the law of the Commonwealth of Pennsylvania or under the mandatory consumer-protection law that applies to you. This carve-out prevails over everything else in this Section 8 and everywhere else in these Terms. The limits below apply only to liability that the law actually permits us to limit.

SUBJECT TO THE PARAGRAPH ABOVE, AND 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.

SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION, AND 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).

Because some jurisdictions do not allow certain limitations or exclusions of liability, parts of this section may not apply to you. Where a limitation or exclusion in this section is not permitted for you, that limitation or exclusion is automatically reduced or reformed to the maximum protection the applicable law does allow, rather than removed entirely, and the rest of this section stays in force — as provided in Section 13.

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, and it does not apply where, or to the extent, the mandatory consumer law that applies to you does not permit it.

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 and Assumption of Risk, Disclaimer of Warranties, Limitation of Liability, Indemnification, Your Mandatory Local Consumer Rights, 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.

If you are a consumer, this choice of law and this choice of courts do not deprive you of the protection of the mandatory law of your country of residence, and do not deprive you of any right you have to bring proceedings in, or be sued only in, the courts of your own country where that right cannot be waived (see Section 16). Where this section cannot lawfully be applied to you in full, it applies to the maximum extent the applicable law permits rather than not at all, as provided in Section 13.

13. Severability and Reduction to the Maximum Permitted

If any provision of these Terms — or any part of a provision, including any warranty disclaimer, limitation or exclusion of liability, indemnity, choice of law, or choice of forum — is found to be invalid, unenforceable, or prohibited in the jurisdiction of a particular user, then:

• that provision is not struck in whole. Instead, it is automatically read down, limited, or reformed to the greatest degree of protection that is valid and enforceable under the law applicable to that user — for example, a liability cap that is too low for a given jurisdiction applies at the highest amount that jurisdiction does allow, and a limitation that is disallowed for one type of claim still applies to every other claim for which it is allowed;
• if no reformation is possible, that provision (or the offending part of it) is severed only as to that user and only to the minimum extent necessary; and
• the invalidity or unenforceability of a provision as to one user or in one jurisdiction does not affect that provision as to any other user or in any other jurisdiction, and all remaining provisions stay in full force and effect.

This section is intended to preserve the maximum protection the law allows in each user’s jurisdiction, while never purporting to override a right that the user’s mandatory law makes non-waivable.

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 — except that, where the mandatory law of your country requires that consumer terms be provided and interpreted in your own language, that requirement prevails to the extent the law so requires.

16. Your Mandatory Local Consumer Rights

This section prevails over anything in these Terms that conflicts with it.

If you use the App as a consumer, you have rights under the mandatory law of the country where you live that cannot be reduced, waived, or removed by a contract like these Terms. Nothing in these Terms limits, excludes, or overrides any of those non-waivable rights, and these Terms are to be read in a way that is consistent with them.

In particular, and without limiting the above:

• If you live in the European Economic Area (EEA) or the United Kingdom, our choice of Pennsylvania law does not deprive you of the protection of the mandatory consumer-protection rules of your own country; you keep any statutory conformity, warranty, and legal-guarantee rights you have for digital content and services under your local law; and you keep any right you have to bring proceedings in the courts of your own country, and generally to be sued only there. The liability limits, warranty disclaimers, indemnity, choice of law, and choice of forum in these Terms apply to you only so far as your local mandatory law allows, and no further.
• We remain fully responsible for death or personal injury caused by our negligence, for fraud, and for anything else that the law applicable to you says we cannot exclude or limit (see Section 8).
• Where any other data-protection or consumer law that applies to you (for example in the United States, the Middle East, or elsewhere) grants you rights that these Terms would otherwise limit, those rights prevail to the extent the law so requires.

We include this section because we intend these Terms to be honest and enforceable, not to overreach: the limits elsewhere in these Terms are meant to apply to the full extent the law allows, and not one step beyond it.

17. Contact Us

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

D2X Enterprises LLC