Terms of Service

These Terms of Service ("Terms") govern your access to and use of the OnDeck aquatics operations platform, including the marketing website and the OnDeck application (together, the "Service"), operated by OnDeck Aquatics ("OnDeck Aquatics", "OnDeck", "we", "us"). By using the Service you agree to these Terms. If you're accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization ("Customer") to them.

1. The service

OnDeck provides tools for aquatics organizations to log chemical readings, submit incident reports, complete checklists, authenticate staff, and maintain an auditable record of pool-deck activity. The specifics of the Service — including features, storage limits, and support response — may evolve as the product develops.

2. Accounts and authentication

• A Customer designates one or more Directors / administrators responsible for managing users, roles, and organization-level settings.
• Staff accounts are created under a Customer's organization. Personal-device accounts use magic-link email authentication; shared-device access uses a staff picker with optional self-managed PINs.
• No shared credentials. Every submission must be attributable to a specific, identified user. Sharing login links, PINs, or impersonating another staff member is a violation of these Terms.
• You are responsible for keeping your email account secure, since email access can grant access to OnDeck via magic links.

3. Customer data and ownership

• You own your data. The Customer retains all rights to the operational records, submissions, signatures, photos, and other content its users submit ("Customer Data").
• The Customer grants OnDeck a limited license to host, process, transmit, display, back up, and otherwise use Customer Data solely to provide and improve the Service.
• OnDeck will not sell Customer Data or use it for advertising.
• Customers can request export or deletion of their data as described in our Privacy Policy.

4. Acceptable use

You agree not to, and not to permit any user to:

• Use the Service for any unlawful, harmful, or fraudulent purpose.
• Falsify, backdate, or impersonate submissions, or otherwise undermine the audit trail that is central to the product.
• Upload content that infringes third-party rights, violates health or privacy laws, or exposes personal information beyond what operational records reasonably require.
• Probe, scan, or attempt to breach the security of the Service; reverse-engineer it; or circumvent rate limits, authentication, or access controls.
• Use the Service to send spam, malware, or unsolicited commercial communications.
• Resell, sublicense, or white-label the Service without a written agreement.

5. Compliance and health-department records

OnDeck is a tool Customers use to help meet their own regulatory, health-department, insurance, and operational obligations. OnDeck is not a substitute for the Customer's own compliance judgment. Customers are responsible for the accuracy of the entries their staff submit, for configuring thresholds and forms correctly, and for ensuring their use of OnDeck meets any applicable law or accreditation standard.

6. Fees and billing

During early access, the Service may be provided at no cost or at a partner rate set out in a separate order form or written agreement. When paid plans become generally available, fees, billing cycles, and payment terms will be communicated in advance and take effect upon the Customer's acceptance.

7. Service availability

We work hard to keep OnDeck available and performant. However, while in early access the Service is provided without a formal uptime commitment. We may perform maintenance, release updates, and occasionally experience outages. We will make reasonable efforts to minimize disruption and to notify Customers of planned downtime.

8. Suspension and termination

• Either party may terminate for convenience with reasonable written notice (including by email) unless a separate order form specifies otherwise.
• We may suspend or terminate access immediately if a Customer or user materially violates these Terms, creates a security or legal risk, or fails to pay amounts due.
• On termination, the Customer may request export of its Customer Data as described in the Privacy Policy. After a reasonable wind-down period, we may delete Customer Data.

9. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service with at least the same degree of care it uses for its own confidential information, and will use it only to exercise rights and perform obligations under these Terms.

10. Intellectual property

OnDeck and its licensors retain all rights in the Service, including the software, user interface, trademarks, documentation, and any improvements we make from feedback. Nothing in these Terms grants the Customer any rights in the Service beyond the right to use it as described here.

11. Feedback

If you send us ideas, suggestions, or feedback about the Service, you grant OnDeck a perpetual, worldwide, royalty-free license to use that feedback to improve the product. You are not required to provide feedback.

12. Warranty disclaimer

The Service is provided "as is" and "as available." To the maximum extent permitted by law, OnDeck disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet every Customer's specific regulatory or operational requirement.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to these Terms or the Service. Each party's total aggregate liability arising out of or related to these Terms will not exceed the greater of the amounts paid by the Customer to OnDeck in the twelve months preceding the event giving rise to liability, or one hundred U.S. dollars (USD 100).

14. Indemnification

The Customer will defend and indemnify OnDeck against third-party claims arising from the Customer's content, the Customer's use of the Service in violation of these Terms, or the Customer's violation of law. OnDeck will defend and indemnify the Customer against third-party claims that the Service, as provided by OnDeck and used in accordance with these Terms, infringes that third party's intellectual property rights.

15. Changes to these terms

We may update these Terms from time to time. If we make material changes we will notify Customers through the application or by email and update the "Last updated" date above. Continued use of the Service after an update means you accept the revised Terms.

16. Governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising from these Terms or the Service is the state and federal courts located in Massachusetts, and each party consents to personal jurisdiction there.

17. Contact us