Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you (“Operator”, “you”, “your”) and HomeSwim Australia Pty Ltd (ABN 66 640 753 877, ACN 640 753 877), trading as PoolDesk (“PoolDesk”, “we”, “us”, “our”), a proprietary company incorporated in New South Wales, Australia.

By creating an account, accessing the PoolDesk platform, commencing a free trial, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at pooldesk.net/privacy), which are incorporated into this agreement by reference.

These Terms are entered into electronically. You acknowledge that an electronic agreement is legally binding under the Electronic Transactions Act 1999 (Cth) and applicable state legislation, and has the same force and effect as a signed paper agreement.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and references to “you” include that entity. If you do not have such authority, or do not agree with these Terms, you must not use the Service.

PoolDesk provides AI-powered receptionist and customer communication software for swim schools and aquatics education businesses, including: AI-handled inbound voice calls, AI web chat, WhatsApp, Facebook Messenger, Instagram DM integrations, conversation transcripts and reports, knowledge base configuration, and related features (collectively, the “Service”). The Service is provided on a subscription-as-a-service basis.

PoolDesk is not a telecommunications carrier. Voice services are delivered through third-party telephony providers. We do not guarantee the availability, quality, routing, or continuity of services provided by those carriers.

We may from time to time update, modify, add, or remove features of the Service. Where we are removing a material feature on which Operators actively rely, we will give at least 30 days’ written notice. Minor updates, improvements, and bug fixes may be deployed without notice.

We may offer beta or experimental features (“Beta Features”) that are not yet generally available. Beta Features are provided “as is” without warranty of any kind, and we may modify or discontinue them at any time without notice. Your use of Beta Features is at your own risk.

No service level agreement (SLA) is provided under these Terms unless agreed in a separate written agreement signed by both parties. We will use reasonable commercial efforts to maintain platform availability but make no specific uptime commitments.

To register for and use PoolDesk, you must:

• Be at least 18 years old
• Have legal capacity and authority to enter into a binding contract on behalf of your organisation
• Provide accurate, complete, and current registration information and keep it updated throughout your subscription
• Not be prohibited by any applicable law from using the Service
• Not be a person or entity subject to Australian Government sanctions or international trade restrictions

You are responsible for the security and confidentiality of your account credentials. You must notify us immediately at support@pooldesk.net if you suspect any unauthorised access to or use of your account. You are liable for all activity occurring under your account credentials until you notify us and we suspend the compromised credentials.

Each account corresponds to one Operator entity. You must not share account credentials with organisations or individuals who are not employed by or authorised by your swim school.

We offer a free trial period (“Trial”) to eligible new Operators. The duration of the Trial is as stated on our pricing page at the time of sign-up.

4.1 Trial Terms

• The Trial gives you access to the features of your selected plan at no charge for the Trial period
• These Terms apply in full during the Trial period
• We reserve the right to modify, suspend, or discontinue the Trial offer at any time
• One Trial per organisation. We reserve the right to cancel a Trial if we determine it is being used in bad faith, including through use of multiple email addresses or entity names to obtain multiple Trials
• We may require a valid payment method before activating a Trial, and you authorise us to charge your payment method at the end of the Trial period if you do not cancel beforehand

4.2 Trial Conversion

We will send you a reminder before the Trial ends. If you do not cancel before the Trial expires, your account will automatically convert to a paid subscription at the applicable plan price. Cancellation procedures are in section 5.4.

5.1 Subscription

PoolDesk subscriptions are billed monthly in advance. Current plan prices are published at pooldesk.net/pricing. All prices are in Australian dollars (AUD).

5.2 GST

All prices are exclusive of Goods and Services Tax (GST) unless explicitly stated to be inclusive. Where GST applies to a supply made under these Terms, it will be added to the applicable price. We will issue a valid tax invoice for all taxable supplies.

5.3 Payment

Payments are processed by Stripe. By providing payment details, you: (a) represent that you are authorised to use that payment method; (b) authorise PoolDesk to charge it for each billing cycle; and (c) authorise Stripe to store your payment details for recurring billing purposes. You are responsible for any fees charged by your bank or card issuer. If your payment method changes, you must update it in your dashboard before the next billing date.

5.4 Failed Payments and Suspension

If a payment fails, we will notify you by email. We will attempt to reprocess the payment up to three times over the following 7 days. If payment remains outstanding after this period, we may suspend your account. Access will be restored promptly upon payment of the outstanding amount. We reserve the right to charge reasonable administrative fees for accounts that require repeated re-activation due to payment failures.

5.5 Overdue Amounts

Amounts not paid within 14 days of the due date accrue interest at the rate of 10% per annum, calculated daily from the due date until the date of full payment. We reserve the right to recover reasonable legal and collection costs incurred in recovering overdue amounts.

5.6 Invoice Disputes

If you dispute an invoice in good faith, you must notify us in writing at billing@pooldesk.net within 14 days of the invoice date, specifying the amount disputed and the reason. You must pay the undisputed portion by the due date. We will investigate and respond within 14 days of receiving your dispute notice.

5.7 Price Changes

We may change subscription prices at any time with at least 30 days’ written notice to your registered email address. The new price will take effect on your next billing cycle after the notice period expires. If you do not accept the new price, you may cancel before the change takes effect. Continued use of the Service after a price change takes effect on your account constitutes acceptance.

5.8 Cancellation and Refunds

You may cancel your subscription at any time through your PoolDesk dashboard or by emailing support@pooldesk.net. Cancellation takes effect at the end of the current paid billing period. You retain full access to the Service until that date.

No refunds are provided for the unused portion of any billing period that has already been paid, except: (a) as required by the Australian Consumer Law; or (b) where we have materially breached these Terms and you cancel as a result.

5.9 Australian Consumer Law

Nothing in this section limits any right or remedy you may have under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) that cannot be lawfully excluded or limited by contract.

PoolDesk uses artificial intelligence, including large language models (LLMs) and automated response systems, to handle enquiries on behalf of Operators. You acknowledge and agree that:

• AI responses are generated automatically and may be incorrect, incomplete, outdated, or inappropriate for a specific enquiry
• The accuracy of AI responses depends entirely on the accuracy and completeness of the knowledge base content you configure — PoolDesk does not verify the accuracy of your knowledge base
• You are solely responsible for reviewing, maintaining, and updating your knowledge base to reflect current class schedules, pricing, swim level criteria, and all other information you want the AI to convey
• PoolDesk does not guarantee that the AI will recommend the correct swim level for any individual child
• PoolDesk does not guarantee that use of the Service will result in any particular number of bookings, enquiries, or revenue outcomes
• We may update, retrain, or change the underlying AI model or infrastructure at any time without prior notice, provided we do not materially degrade the quality of the Service
• You should monitor AI conversations via the PoolDesk dashboard and configure escalation or call transfer settings where human judgement is appropriate

PoolDesk is a tool to assist your business operations. It does not replace human oversight, professional advice, or your obligations as a swim school operator. You remain solely responsible for the accuracy of information given to parents and prospective customers, and for the safety and operation of your swim school.

7.1 Automatic Call Disclosure

PoolDesk voice services automatically play a disclosure at the start of every inbound AI-handled call, informing the caller that the call is handled by an AI and may be recorded. This disclosure is provided by default and is designed to satisfy notification and consent requirements under the Surveillance Devices Act 2007 (NSW), the Telecommunications (Interception and Access) Act 1979 (Cth), and equivalent legislation across all Australian states and territories.

7.2 Operator Acknowledgments

By activating voice services, you acknowledge and agree that:

• All calls handled through your PoolDesk number will be recorded
• You must not disable, alter, or circumvent the automatic call recording and AI identity disclosure in any way that could result in a caller not being notified before recording begins
• You are responsible for ensuring your use of PoolDesk voice services complies with applicable telecommunications and surveillance device laws in every jurisdiction in which you operate
• You must provide an alternative contact method (e.g. an email address or non-AI phone number) so that callers who do not wish to be recorded can reach your swim school by other means

7.3 Your End Users’ Rights

You agree to operate the Service in a manner that respects the privacy rights of your customers and End Users. You must have, and be able to demonstrate, an appropriate legal basis for collecting your customers’ personal information through PoolDesk.

You deploy PoolDesk as a tool to communicate with your own customers (“End Users”). You are responsible for:

• Maintaining your own Terms of Service and Privacy Policy that govern your relationship with your End Users, and that accurately describe the use of AI communication tools
• Ensuring your End Users are informed that AI may be used to handle their enquiries, to the extent required by applicable law (beyond what PoolDesk’s automatic disclosures provide)
• Obtaining any consents required by applicable law from your End Users regarding the collection, use, and disclosure of their personal information through PoolDesk
• Handling any access, correction, or deletion requests from End Users regarding their personal information collected via PoolDesk
• Ensuring that any use of PoolDesk add-on channels (WhatsApp, Facebook Messenger, Instagram DMs) complies with the relevant platform’s terms, including obtaining any required messaging opt-ins

PoolDesk is not responsible for your obligations to your End Users. Any claim by an End User arising from your use of the Service is your responsibility — see section 17 (Indemnification).

9.1 Ownership of Operator Content

You retain all intellectual property rights in the knowledge base content, class schedules, pricing information, and other materials you create and configure in PoolDesk (“Operator Content”). You grant PoolDesk a non-exclusive, royalty-free licence to use, store, process, and display your Operator Content solely to the extent necessary to provide the Service to you.

9.2 Responsibility for Operator Content

You represent and warrant that: (a) you own or have all necessary rights to submit Operator Content to PoolDesk; (b) Operator Content does not infringe the intellectual property rights of any third party; (c) Operator Content is accurate, current, and not misleading or deceptive; and (d) Operator Content does not contain personal information of third parties without appropriate legal basis.

You are solely responsible for the accuracy of Operator Content and the consequences of AI responses based upon it. PoolDesk assumes no liability for AI responses resulting from inaccurate, outdated, or incomplete Operator Content.

9.3 Backup

While we maintain backup systems for disaster recovery purposes, we do not guarantee data recovery in all circumstances. You are responsible for maintaining your own backups of any Operator Content and data that is important to your business. We recommend using the data export feature (section 12 of the Privacy Policy) regularly and before making significant changes to your account.

9.4 No Sensitive Information

You must not configure PoolDesk to collect or solicit sensitive information (as defined in the Privacy Act 1988) from End Users, including health information, government identifier numbers, or financial account details, without prior written consent from PoolDesk and appropriate legal safeguards in place.

Read this section carefully. It grants PoolDesk rights to use conversation data to improve our AI. This is a core part of the commercial arrangement and is reflected in our pricing.

10.1 Licence Grant

In consideration of PoolDesk providing you with the Service (including at a subsidised rate during the Trial), you grant PoolDesk a perpetual, irrevocable, royalty-free, worldwide, non-exclusive licence to use, copy, store, process, analyse, and create derivative works from conversation data generated through your PoolDesk account — including voice call transcripts, chat transcripts, and messaging conversation logs — for the following purposes:

• Training, fine-tuning, testing, and evaluating our AI language models and automation systems
• Improving the accuracy, safety, appropriateness, and quality of PoolDesk AI responses
• Developing new features and capabilities for the PoolDesk platform
• Internal research and development related to AI for the swim school and aquatics sector
• Building benchmark and evaluation datasets

10.2 De-Identification Commitment

Before using conversation data for AI training, we apply de-identification processes designed to remove direct personal identifiers (phone numbers, email addresses, and full names). We do not use voice recordings in identifiable form for training; only de-identified transcripts are used. See section 7 of our Privacy Policy for full detail.

10.3 Your Representation

You represent and warrant that you have the right to grant the licence in section 10.1, that you have informed or will inform your End Users of AI Training Use (through PoolDesk’s automatic call disclosures, your own terms of service, or otherwise), and that granting this licence does not breach any obligation you owe to any third party.

10.4 Opt-Out

You may opt out of AI Training Use for future conversations at any time by emailing privacy@pooldesk.net. Opt-out is prospective only. De-identified data already incorporated into trained models cannot be removed due to the inherent technical nature of machine learning. Opting out does not affect the operational service licences in section 9.1.

10.5 No Sale

We do not sell conversation data to third parties. The rights granted in section 10.1 are for PoolDesk’s own AI development purposes exclusively.

10.6 Survival

The licence granted in section 10.1 survives termination or expiry of these Terms with respect to conversation data collected prior to termination, given that de-identified data incorporated into trained models cannot practically be removed.

You agree to use PoolDesk only for lawful purposes in connection with operating a swim school or aquatics education business. You must not:

• Use the Service to contact or send messages to individuals who have not consented to being contacted, or in breach of the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth)
• Configure the AI to make false, misleading, or deceptive representations to End Users, including about pricing, swim levels, availability, or safety
• Attempt to reverse-engineer, decompile, disassemble, copy, or replicate the PoolDesk AI system, platform software, or algorithms
• Resell, sublicence, or offer the Service to third parties as a white-label or reseller product without our prior written consent
• Use the Service to collect or process personal information in a manner that violates the Privacy Act 1988 or applicable telecommunications law
• Use the Service for any purpose other than managing a legitimate swim school or aquatics education business (e.g. not to be used for debt collection, political canvassing, or sales outside your core business)
• Attempt to gain unauthorised access to the PoolDesk platform, its infrastructure, or any other customer’s account or data
• Introduce malware, viruses, or any code designed to disrupt, damage, or gain unauthorised access to any system
• Circumvent, disable, or interfere with security features, rate limits, or access controls
• Use the Service in connection with any business that is unlawful, regulated without the required licences, or associated with a sanctioned person or entity
• Abuse the free trial (e.g. creating multiple accounts to obtain multiple Trials)

We reserve the right to monitor use of the Service for compliance with this section and to suspend or terminate accounts where a breach is confirmed or reasonably suspected.

The PoolDesk platform, AI systems, software, algorithms, models, website design, brand, trademarks, and all associated intellectual property rights are owned by or licensed to HomeSwim Australia Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you. Your right to use the Service is a limited, non-exclusive, non-transferable, revocable licence for the duration of your active subscription.

You retain all intellectual property rights in your Operator Content. You grant us only the licences described in sections 9 and 10.

Any feedback, suggestions, ideas, improvement requests, or recommendations you provide to us regarding the Service (“Feedback”) may be used by us freely and without restriction, obligation, or compensation to you. Feedback does not constitute confidential information.

Marketing use of your name and logo: You grant us a non-exclusive, royalty-free licence to identify your swim school as a PoolDesk customer and to use your school’s name and logo in our marketing materials, website, case studies, and investor materials. If you do not consent to this use, notify us in writing at legal@pooldesk.net and we will promptly remove your details from marketing materials.

PoolDesk engages third-party sub-processors to deliver parts of the Service, including cloud hosting, payment processing, telephony, AI model inference, and messaging platform integrations. A current list of our sub-processors is available in our Privacy Policy (section 9.1) and on request. We are responsible to you for the acts and omissions of our sub-processors to the same extent we are responsible for our own acts and omissions.

The Service may display links to or integrate with third-party systems (for example, your booking platform). PoolDesk has no control over these third-party systems and is not responsible for their content, availability, security, or practices. Links to third-party systems do not constitute our endorsement of those systems.

Each party (“Receiving Party”) may have access to information of the other party (“Disclosing Party”) that is marked as confidential or that a reasonable person would understand to be confidential in the circumstances (“Confidential Information”).

Each Receiving Party agrees to: (a) hold Confidential Information in strict confidence using at least the same level of care as it uses for its own confidential information (but no less than reasonable care); (b) use Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms; and (c) not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except to employees or contractors who need to know it to perform obligations under these Terms and who are bound by equivalent confidentiality obligations.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach by the Receiving Party; (b) was already known to the Receiving Party without restriction at the time of disclosure; (c) is received from a third party without restriction; or (d) is independently developed by the Receiving Party without reference to the Confidential Information.

A Receiving Party may disclose Confidential Information to the extent required by law or valid court or regulatory order, provided it gives the Disclosing Party prompt prior written notice (to the extent permitted by law) and cooperates with any protective order the Disclosing Party seeks.

15.1 Our Warranties

We warrant that: (a) we will provide the Service with reasonable care and skill; (b) the Service will materially conform to its description on our website during your subscription; and (c) we hold the rights necessary to grant the licences in these Terms.

15.2 Disclaimer of Other Warranties

Except as expressly stated in section 15.1 and except as provided by the Australian Consumer Law, the Service is provided “as is” and “as available”. We expressly disclaim, to the maximum extent permitted by law, all other representations, warranties, or conditions, whether express, implied, or statutory, including:

• That the Service will be uninterrupted, error-free, or free from security vulnerabilities
• That AI-generated responses will be accurate, appropriate, or fit for a particular purpose
• That the Service will integrate without issue with any third-party booking system
• That use of the Service will produce any particular business, financial, or customer outcome

15.3 Your Warranties

You warrant that: (a) you have authority to enter into this agreement; (b) your use of the Service will comply with all applicable laws; (c) Operator Content is accurate and does not infringe third-party rights; and (d) you have obtained all necessary consents from End Users as required by applicable law.

15.4 Non-Excludable Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee cannot be excluded, our liability is limited to: (a) resupplying the services; or (b) paying the cost of having the services resupplied — whichever we elect.

Subject to section 15.4 and applicable law, the following limitations apply:

16.1 Exclusion of Consequential Loss

Neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage, including but not limited to: loss of revenue, loss of profits, loss of business, loss of data, loss of goodwill, missed bookings, or business interruption — even if the party has been advised of the possibility of such loss.

16.2 Cap on Liability

Our total aggregate liability to you under or in connection with these Terms — whether in contract, tort (including negligence), under statute, or otherwise — arising from all claims in any 12-month period shall not exceed the total fees paid by you to PoolDesk in the 3-month period immediately preceding the first event giving rise to the relevant claim.

16.3 Essential Terms

The limitations in this section: (a) are a fundamental element of the basis on which PoolDesk provides the Service at its current pricing; (b) apply to all causes of action in aggregate; and (c) apply even if any limited remedy fails of its essential purpose.

16.4 Exceptions

Nothing in this section limits or excludes either party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; or (d) any other liability that cannot lawfully be limited or excluded.

16.5 Mitigation

Each party has a duty to take reasonable steps to mitigate any loss or damage it suffers. Failure to mitigate may reduce the amount of any claim.

You agree to indemnify, defend, and hold harmless PoolDesk and its directors, officers, employees, agents, and contractors (“PoolDesk Parties”) from and against any and all third-party claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-client basis) arising out of or relating to:

• Your breach of any provision of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any claim by an End User arising from inaccurate, incomplete, or misleading Operator Content in your knowledge base
• Your failure to obtain required consents from End Users regarding call recording, AI handling, or data processing
• Your use of the Service in a manner not permitted by these Terms
• Any intellectual property infringement arising from your Operator Content
• Your failure to maintain your own legally compliant terms of service and privacy policy with your End Users

We will: (a) give you prompt written notice of any claim for which we seek indemnification; (b) give you sole control of the defence and settlement (provided any settlement does not impose liability or obligations on PoolDesk Parties without our consent); and (c) provide reasonable cooperation at your expense.

18.1 Term

These Terms commence when you create a PoolDesk account and continue until your subscription is cancelled or terminated in accordance with this section.

18.2 Termination by You

You may cancel your subscription at any time as described in section 5.8. Upon cancellation, your access to the Service continues until the end of the current billing period.

18.3 Termination or Suspension by Us — With Notice

We may suspend or terminate your account with at least 14 days’ written notice if you: (a) materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice from us; (b) fail to pay outstanding amounts within 14 days of a payment reminder; or (c) become insolvent, are placed into administration, liquidation, or receivership, or make any arrangement with creditors.

18.4 Termination or Suspension Without Notice

We may suspend or terminate your account immediately and without prior notice where: (a) we have reasonable grounds to believe you are using the Service to engage in illegal conduct; (b) your use of the Service poses an immediate security, legal, or reputational risk to PoolDesk or other customers; (c) we are required to do so by law or a regulatory direction; or (d) you have abused the Trial (section 4).

18.5 Dormant Accounts

If your account has had no active subscription and no login activity for 12 consecutive months, we may close it after providing 30 days’ written notice to your registered email address. Data will be deleted in accordance with section 11 of the Privacy Policy.

18.6 Effect of Termination

Upon termination or expiry: (a) your right to access the Service ceases immediately (or at the end of the billing period for voluntary cancellations); (b) we will delete your account data in accordance with our data retention schedule (Privacy Policy, section 11); (c) you should export any data you wish to retain before termination; and (d) the following sections survive termination: 1 (last paragraph), 9.1, 10 (subject to 10.4), 12, 14, 16, 17, 19, 20, and 21.

Neither party is liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party’s reasonable control, including: acts of God, natural disaster, epidemic or pandemic, fire, flood, earthquake, storm, war, terrorism, civil unrest, government action, regulatory change, telecommunications or internet infrastructure failure, or acts or omissions of third-party providers (including AI model providers and telephony carriers).

The affected party must: (a) notify the other party as soon as practicable after becoming aware of the Force Majeure Event; (b) take reasonable steps to mitigate its effects; and (c) resume performance as soon as the Force Majeure Event ceases. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected services on 14 days’ written notice without liability.

20.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

20.2 Mandatory Negotiation

Before commencing formal proceedings (except for urgent interlocutory relief), the parties agree to attempt to resolve any dispute by good-faith negotiation. A party seeking to invoke this process must give written notice to the other specifying the nature of the dispute in reasonable detail (“Dispute Notice”). The parties will negotiate in good faith for 30 days after the Dispute Notice is given.

20.3 Mediation

If a dispute is not resolved within 30 days of a Dispute Notice, either party may refer it to mediation administered by the Resolution Institute (or another mutually agreed accredited mediator). The costs of mediation are shared equally unless the mediator determines otherwise. Mediation is confidential and without prejudice to the parties’ legal rights.

20.4 Court Proceedings

If mediation does not resolve the dispute within 30 days of the appointment of a mediator, either party may commence court proceedings. Nothing in this section prevents either party from seeking urgent injunctive relief from any court of competent jurisdiction at any time.

Entire Agreement

These Terms (including the Privacy Policy incorporated by reference) constitute the entire agreement between the parties regarding the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

Amendments

We may amend these Terms at any time. We will provide at least 30 days’ written notice to your registered email of any material amendment. Continued use of the Service after the effective date of any amendment constitutes acceptance of the amended Terms. If you do not agree, you may cancel before the effective date.

Assignment

You may not assign, novate, or transfer any right or obligation under these Terms without our prior written consent. We may assign these Terms to a successor entity in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of our assets, provided we give you reasonable prior notice and the successor assumes our obligations under these Terms.

No Set-Off

You may not deduct, withhold, or set off any amounts owed to us under these Terms against any amounts you claim are owed to you by us, unless we have agreed in writing to such deduction or set-off, or a court has ordered it.

Waiver

A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy, and will not prevent its future exercise. A waiver of any breach is not a waiver of any other or subsequent breach. A waiver is only effective if it is express and in writing signed by the waiving party.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. If it cannot be modified, it will be severed. The remaining provisions continue in full force and effect and are not affected by the severance.

No Third-Party Beneficiaries

These Terms confer rights only on the parties to the agreement. They do not create rights in, or obligations to, any third party, including End Users.

Relationship of Parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties.

Notices

Any notice required or permitted under these Terms must be in writing. Notices to PoolDesk must be sent to legal@pooldesk.net. Notices to you will be sent to your registered email address and are deemed received 24 hours after sending (unless a delivery failure notice is received).

Anti-Corruption and Sanctions

Each party represents that it is not listed on any Australian Government, United Nations, or other applicable sanctions list and that it will comply with all applicable anti-corruption and anti-bribery laws, including the Criminal Code Act 1995 (Cth). You must notify us immediately if this representation becomes untrue.

Counterparts and Electronic Execution

These Terms are entered into electronically and are binding on the parties without wet-ink signature. Agreement is formed when you accept these Terms during account registration or by commencing use of the Service, in accordance with the Electronic Transactions Act 1999 (Cth).

For questions about these Terms, billing disputes, or legal notices:

• Legal notices: legal@pooldesk.net
• Billing: billing@pooldesk.net
• Support: support@pooldesk.net
• Entity: HomeSwim Australia Pty Ltd (ABN 66 640 753 877, ACN 640 753 877)
• Trading as: PoolDesk
• State of incorporation: New South Wales, Australia

These Terms have been prepared to reflect current obligations under Australian law as at 30 June 2026, including the Privacy Act 1988 (Cth), the Privacy and Other Legislation Amendment Act 2024 (Cth), the Australian Consumer Law, the Surveillance Devices Act 2007 (NSW), the Telecommunications (Interception and Access) Act 1979 (Cth), the Spam Act 2003 (Cth), and the Electronic Transactions Act 1999 (Cth). These Terms do not constitute legal advice. We strongly recommend that you obtain independent legal advice before operating an AI communication platform in connection with a business that handles personal information of members of the public.