Welcome. These Terms of Use ("Terms") govern your access to and use of the website at https://duckyspoolcare.com, our Vercel and Cloudflare-hosted properties, and any service requests you submit (collectively, the "Service") operated by Ducky's Pool Care, LLC ("Ducky's Pool Care," "we," or "us"). By using the Service, you agree to these Terms. If you do not agree, please do not use the Service.
1. Eligibility
You must be at least 18 years old and able to enter into a binding contract to use the Service. By using the Service, you represent that you meet these requirements.
2. Description of Service
We provide residential and commercial pool maintenance, cleaning, repair, and water-care services in Central Florida (including Orlando, Lake Nona, Kissimmee, Saint Cloud, and surrounding areas). Service availability, pricing, and scope vary by location and pool condition.
3. Quote Requests Are Not a Contract
Submitting a form, calling, or texting to request a quote does not by itself create a contract for services. A binding service agreement is formed only when both parties confirm the scope, schedule, and pricing in writing (which may include text or email confirmation).
4. Pricing & Promotions
- All pricing is provided as a custom quote based on your pool size, condition, equipment, residential vs. commercial property type, drive distance, and chemicals required. Quotes are confirmed in writing before service begins.
- Promotional offers (such as the "First Month 50% Off" residential offer) apply to new customers only, are subject to change or termination at any time, and may not be combined with other offers unless we say so in writing.
- All advertised pricing is exclusive of applicable taxes unless stated otherwise.
5. Acceptable Use
You agree not to:
- Submit false, misleading, or fraudulent information.
- Use the Service for any unlawful purpose.
- Interfere with the operation of the website (scraping, denial-of-service, probing for vulnerabilities, etc.).
- Attempt to gain unauthorized access to any portion of the Service or any system associated with it.
- Reproduce, distribute, or publicly display content from the Service without our written permission.
6. Intellectual Property
All content on the Service — including text, graphics, photos, illustrations, the Ducky's mascot, the Ducky's Pool Care logo, and design — is owned by Ducky's Pool Care, LLC or its licensors and is protected by U.S. and international intellectual property laws. You may not use, copy, or modify any of it without our written permission, except as expressly allowed by these Terms.
7. Communications & SMS
By providing your phone number, you consent to receive transactional and marketing messages from us as described in our SMS Consent & TCPA Disclosure. By providing your email, you consent to receive service emails. You may opt out of marketing communications at any time.
8. Service Performance
We perform our services with reasonable care and skill. Pool chemistry, water clarity, and equipment performance can be affected by factors outside our control — including weather, bather load, equipment failures, third-party chemicals, and unauthorized changes between service visits. We do not guarantee specific water-quality outcomes between scheduled visits.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Ducky's Pool Care, LLC, ITS OWNERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to indemnify and hold harmless Ducky's Pool Care, LLC and its personnel from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.
12. Governing Law & Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising from or relating to the Terms or the Service will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction there.
13. Changes to These Terms
We may update these Terms from time to time. The updated version will be indicated by a new "Effective date" at the top of the page. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.
15. Contact
Email: service@duckyspoolcare.com
Phone: (407) 744-2748
Mail: Ducky's Pool Care, LLC, Orlando, FL 32824
