Terms of Service

These Terms of Service ("Terms") govern your use of the website, SMS communications, and services provided by Tidal Custom Pools and Hardscapes ("Company," "we," "our," or "us"), located at 4368 S Tryon St, Charlotte, NC 28217.

Please read these Terms carefully. By accessing our website, submitting an inquiry, or opting in to our SMS program, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our website at tidalcustompools.com, contacting us via phone or email, or opting in to SMS communications, you acknowledge that you have read, understood, and agree to these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, please do not use our services or submit your information through our website.

2. Services Provided

Tidal Custom Pools and Hardscapes provides residential and commercial pool construction, custom hardscape design, and related general contracting services in the Charlotte, NC area. Our services include but are not limited to:

• Custom swimming pool design and installation
• Hardscape construction (patios, walkways, retaining walls, outdoor kitchens)
• Pool renovations and remodeling
• Site assessments and project consultations

All services are subject to a signed contract, project scope approval, and applicable permits required by local and state authorities.

3. SMS Messaging Program

By opting in to our SMS program, you consent to receive text messages from Tidal Custom Pools and Hardscapes at the mobile number you provided. Our SMS messages are used for the following purposes:

Types of Messages We Send

• Appointment Confirmations: Confirming scheduled consultations, site visits, and project check-ins
• Appointment Reminders: Reminders sent prior to scheduled appointments
• Follow-Up Messages: Post-consultation check-ins and project status updates
• Voice Call Text-Backs: Text responses when a call is missed or when callback scheduling is needed
• Informational Updates: Project progress notifications and scheduling changes
• Promotional Messages: Special offers or seasonal promotions (only with prior explicit consent)

4. Opt-Out Instructions

You may opt out of SMS messages at any time using the following methods:

• Reply STOP to any text message from us to immediately unsubscribe. You will receive a final confirmation message and no further texts will be sent.
• Reply HELP to any text message to receive our contact information and support instructions.
• Contact us directly at info@tidalcustompools.com or call 704-999-6898 for additional assistance.

5. Message & Data Rates

Standard message and data rates from your mobile carrier may apply to SMS messages sent and received. Tidal Custom Pools and Hardscapes is not responsible for any charges imposed by your mobile carrier in connection with SMS communications.

For questions about your mobile plan's messaging rates, please contact your mobile carrier directly.

6. Carrier Liability Disclaimer

Tidal Custom Pools and Hardscapes uses third-party carriers and messaging platforms to deliver SMS communications. Please be aware of the following:

• Carrier Delivery: Mobile carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is dependent on carrier network availability and cannot be guaranteed.
• Network Issues: Tidal Custom Pools and Hardscapes is not responsible for delays, failures, or errors in message delivery caused by carrier network outages, technical issues, or other circumstances beyond our control.
• Alternative Contact: If you are not receiving expected messages, please contact us directly by phone at 704-999-6898 or email at info@tidalcustompools.com.

7. Age Restriction

By using our website, submitting a contact form, or opting in to SMS communications, you confirm that you are at least 18 years old. Individuals under the age of 18 are not permitted to opt in to our SMS program or enter into service agreements without parental or guardian consent.

We reserve the right to refuse service or discontinue communications with any individual who cannot confirm they meet the minimum age requirement.

8. Scheduling & Cancellation Policy

Appointment Scheduling

Consultations and site visits are scheduled based on availability. We will use SMS and email communications to confirm appointments and provide reminders. It is your responsibility to ensure the contact information provided is accurate and current.

Cancellations & Rescheduling

• We ask that you provide at least 24 hours' notice for any appointment cancellation or rescheduling request.
• To cancel or reschedule, contact us by phone at 704-999-6898 or email at info@tidalcustompools.com.
• Repeated last-minute cancellations may affect scheduling priority.

Project Timelines

Project start dates and completion timelines are estimates and may be affected by weather conditions, permit approvals, material availability, and other factors outside our control. We will communicate updates regarding timeline changes as promptly as possible.

9. Service Limitations & Liability

Scope of Work

All services performed by Tidal Custom Pools and Hardscapes are governed by a written service agreement or contract. Any work performed outside the agreed scope must be authorized in writing by both parties. We are not responsible for outcomes related to work performed by third-party contractors not engaged by us.

Permits & Compliance

Pool and hardscape construction may require permits from local authorities. We will assist in obtaining required permits within our scope of work. The customer is responsible for ensuring that property boundaries, HOA restrictions, and easements are accurately disclosed prior to project commencement.

Limitation of Liability

To the fullest extent permitted by applicable law, Tidal Custom Pools and Hardscapes shall not be liable for:

• Indirect, incidental, or consequential damages arising from project delays
• Damage resulting from pre-existing site conditions not disclosed prior to work
• Losses caused by extreme weather events, natural disasters, or other force majeure events
• Delays caused by third-party suppliers, government agencies, or permit authorities

Our total liability for any claim shall not exceed the amount paid by the customer for the specific service that gave rise to the claim.

Warranty

Any warranty coverage for workmanship or materials will be outlined in the individual service contract. Please refer to your signed agreement for specific warranty terms and conditions.

10. Customer Support

We are here to help. For questions about your project, appointment, or SMS communications, please contact us through any of the following channels:

11. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information, including SMS opt-in data.

12. Changes to These Terms

We reserve the right to update or modify these Terms of Service at any time. Changes will be posted on this page with a revised "Last Updated" date. Your continued use of our services or SMS program after changes are posted constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the appropriate courts located in Mecklenburg County, North Carolina.