Terms of Service

AquaSteer Advisors is a trade name and service brand of Smartyz Inc., a corporation duly incorporated under the laws of the State of Delaware. Smartyz Inc. is authorized and licensed to conduct business in all fifty (50) states of the United States.

Smartyz Inc. maintains principal places of business and operations in Texas, California, and Florida.

All references to “AquaSteer,” “AquaSteer Advisors,” “we,” “us,” or “our” in these Terms refer exclusively to Smartyz Inc. AquaSteer Advisors is not a separately incorporated entity, a joint venture, or a partnership.

All advisory services, agreements, legal obligations, and contractual relationships described herein are provided by and entered into with Smartyz Inc.

AquaSteer Advisors provides independent pool construction consulting and advisory services only. Our services include, but are not limited to: project planning guidance, builder selection analysis, bid and contract review, design consultation, construction oversight recommendations, and completion assessment.

We are NOT a pool builder, general contractor, subcontractor, construction manager, engineer, architect, or construction company. We do not design, build, construct, install, repair, maintain, or physically alter any pool, structure, equipment, or property in any capacity.

We do not hold contractor licenses, builder licenses, or engineering licenses. We do not supervise, direct, or manage construction crews, subcontractors, or any on-site personnel.

All recommendations, analyses, reports, and guidance provided by AquaSteer Advisors constitute professional opinions based on industry experience and publicly available standards. They are not warranties, guarantees, engineering specifications, or construction directives.

The Client retains full and sole authority over all decisions regarding their pool construction project, including but not limited to: selection of builders, acceptance of bids, approval of designs, and authorization of change orders.

All services are delivered remotely via video calls, telephone calls, document review, email correspondence, and asynchronous messaging platforms. We do not perform on-site visits, physical inspections, material testing, soil assessments, or any form of in-person evaluation.

Our advisory services rely entirely on information, documents, photographs, videos, measurements, and materials that you provide to us. The accuracy, completeness, and usefulness of our advice is directly dependent upon the accuracy and completeness of the information you supply.

We may recommend that you engage qualified local professionals (including but not limited to engineers, inspectors, attorneys, and surveyors) for on-site evaluations. Such recommendations do not create any liability, agency relationship, or endorsement on our part for the work performed by those professionals.

You acknowledge and agree that remote advisory services have inherent limitations and that our inability to physically inspect or verify on-site conditions may affect the applicability of our recommendations.

By engaging our services, you agree to:

• Provide accurate, complete, and timely information regarding your pool construction project.
• Promptly share relevant documents including contracts, bids, plans, photographs, change orders, invoices, and correspondence with builders or contractors.
• Make all final decisions regarding your project independently. Our advice does not relieve you of your obligation to exercise your own judgment.
• Obtain all necessary permits, approvals, and inspections as required by local, state, and federal law.
• Engage appropriately licensed professionals (contractors, engineers, attorneys) for all matters requiring licensure.

OUR SERVICES ARE ADVISORY ONLY. WE DO NOT GUARANTEE ANY CONSTRUCTION OUTCOME, COST SAVINGS, TIMELINE, QUALITY OF WORKMANSHIP, OR ANY OTHER RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SMARTYZ INC. (DOING BUSINESS AS AQUASTEER ADVISORS), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SERVICES PROVIDED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT TO SMARTYZ INC. FOR THE SPECIFIC SERVICE PLAN GIVING RISE TO THE CLAIM.

We are not liable for and expressly disclaim all responsibility for:

• Any acts, omissions, negligence, fraud, or misconduct of any builder, contractor, subcontractor, supplier, engineer, architect, inspector, or any other third party.
• Any construction defects, delays, cost overruns, property damage, personal injury, or any other harm arising from construction activities.
• Any decisions made by the Client based on our recommendations, whether in whole or in part.
• Any failure of construction materials, equipment, or workmanship.
• Any loss of use, loss of profit, loss of revenue, diminution in property value, or any consequential, incidental, indirect, special, punitive, or exemplary damages of any kind.
• Any damages or losses resulting from inaccurate, incomplete, or untimely information provided by the Client.
• Any damages resulting from force majeure events, including but not limited to natural disasters, pandemics, government actions, supply chain disruptions, or labor shortages.

We carry Errors & Omissions (E&O) professional liability insurance with coverage limits of $1,000,000 per occurrence and $2,000,000 aggregate. This insurance covers claims arising from professional advisory services only and does not extend to construction activities, physical property, or bodily injury.

ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we make no warranty or representation that: (a) our services will meet your specific requirements or expectations; (b) our services will be uninterrupted, timely, or error-free; (c) any recommendations will produce any particular result; or (d) any information provided by us will be complete or current.

You agree to indemnify, defend, and hold harmless Smartyz Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your pool construction project, including any claims by builders, contractors, subcontractors, suppliers, or any other third party.
• Any breach of these Terms by you.
• Any inaccurate, incomplete, or misleading information provided by you.
• Your use of or reliance on our advisory services, including any decisions made based on our recommendations.
• Any property damage, personal injury, or death arising from construction activities related to your project.

This indemnification obligation shall survive the termination or expiration of these Terms and any service agreement between the parties.

All fees are flat-rate as published on our website at the time of purchase. Fees are non-negotiable and payable in full at the time of enrollment unless otherwise agreed in writing.

We reserve the right to modify pricing at any time. Price changes do not affect service plans already purchased.

Refund policy: A full refund is available within seven (7) calendar days of purchase, provided no consultations have occurred and no deliverables have been provided. If cancellation occurs after consultations have begun but before completion, a pro-rated refund may be issued for unused phases at our sole discretion. No refunds will be issued for completed consultations, delivered reports, or any services already rendered.

Past-due amounts will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). You are responsible for all costs of collection, including reasonable attorneys' fees.

All deliverables (including reports, checklists, analyses, scorecards, and assessments) are provided for your personal, non-commercial use in connection with your specific pool construction project only.

All templates, frameworks, methodologies, proprietary processes, scoring systems, tools, software, website content, branding, and trade names (including “AquaSteer” and “AquaSteer Advisors”) are and shall remain the exclusive property of Smartyz Inc.

You may not reproduce, distribute, resell, sublicense, publicly display, reverse-engineer, or create derivative works from any of our proprietary materials without prior written consent from Smartyz Inc.

We will treat all project information you share with us as confidential and will not disclose it to third parties without your consent, except as required by law or as necessary to provide our services.

Notwithstanding the foregoing, we may use anonymized and aggregated data derived from client engagements for internal analytics, marketing materials, case studies (with your separate written consent), and service improvement. No personally identifiable information will be included in anonymized data.

These Terms are entered into solely between Smartyz Inc. and the Client. No builder, contractor, subcontractor, supplier, architect, engineer, inspector, or any other third party is an intended or incidental beneficiary of these Terms. No third party shall have any right to enforce any provision of these Terms.

Nothing in these Terms creates or shall be construed to create any agency, partnership, joint venture, employer-employee, or fiduciary relationship between Smartyz Inc. and the Client or between Smartyz Inc. and any builder, contractor, or third party. AquaSteer Advisors does not act as your agent in any capacity. We do not negotiate, execute, or sign contracts on your behalf.

These Terms are effective upon your first use of our website or services and remain in effect until the completion of all purchased services or until terminated as provided herein.

Either party may terminate the service engagement with thirty (30) days' written notice. Termination by the Client does not entitle the Client to a refund except as expressly provided in Section 8.

We reserve the right to immediately terminate services without refund if the Client: (a) breaches any provision of these Terms; (b) provides false or misleading information; (c) engages in abusive, threatening, or harassing conduct toward our staff; or (d) uses our services for any unlawful purpose.

Sections 5, 6, 7, 9, 10, 11, 12, 14, 15, and 16 shall survive termination of these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal Resolution. Before initiating any formal dispute resolution process, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services through direct negotiation. The complaining party shall send a written notice describing the dispute to the other party. The parties shall have thirty (30) days from receipt of such notice to attempt informal resolution.

(b) Binding Arbitration. If the dispute is not resolved through informal negotiation within thirty (30) days, the dispute shall be exclusively and finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules.

(c) Location. The arbitration shall be held exclusively in the State of Texas, unless otherwise mutually agreed in writing by both parties. If in-person proceedings are required, they shall take place in Harris County, Texas or Dallas County, Texas, at the election of Smartyz Inc.

(d) Arbitrator's Authority. The arbitrator shall have exclusive authority to resolve all disputes arising under these Terms, including but not limited to the scope, enforceability, and arbitrability of this arbitration provision. The arbitrator shall apply the substantive law of the State of Texas. The arbitrator shall not have the authority to award punitive, exemplary, or consequential damages.

(e) Class Action Waiver. YOU AND SMARTYZ INC. AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

(f) Costs. Each party shall bear its own attorneys' fees, costs, and expenses in connection with the arbitration. AAA filing fees and arbitrator compensation shall be allocated in accordance with AAA rules.

(g) Enforcement. The arbitrator's award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction. The parties agree that any court proceedings to enforce an arbitration award or to seek injunctive relief shall be filed exclusively in the state or federal courts located in the State of Texas.

(h) Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in the State of Texas to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

These Terms and any dispute arising hereunder shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

For any matter not subject to arbitration, or for enforcement of an arbitration award, the exclusive jurisdiction and venue shall be the state and federal courts located in the State of Texas. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.

Entire Agreement. These Terms, together with any service plan agreement and our Privacy Policy, constitute the entire agreement between you and Smartyz Inc. and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

Waiver. The failure of Smartyz Inc. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Smartyz Inc.

Assignment. You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Smartyz Inc. Smartyz Inc. may freely assign these Terms without restriction.

Force Majeure. Smartyz Inc. shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government orders, internet outages, power failures, or labor disputes.

Notices. All legal notices to Smartyz Inc. must be sent in writing to legal@aquasteer.com. We may provide notices to you at the email address associated with your account.

Electronic Acceptance. By using our website or services, you agree that these Terms constitute a binding agreement and that your electronic acceptance has the same legal force as a handwritten signature.

For questions about these Terms of Service:

Smartyz Inc.
d/b/a AquaSteer Advisors
Email: legal@aquasteer.com
Phone: +1 (888) 250-5641