Terms of Service

1. Agreement

This Dealer Staff Application Use Agreement ("Agreement") is a binding contract between Backyard Brands Inc. ("BBI," "we," "us," "our"), located at 830 Brock Rd Unit 3, Pickering, Ontario L1W 1Z8, and you, an individual authorized by a BBI dealer to access and use the application ("you," "your").

By accessing or using the Sage Dazzle mobile application (the "App") or related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use the Service.

If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1.1 Definitions

• "Sage by Dazzle" (also referred to as "Sage Dazzle") is the AI-powered water care advisory application used in retail environments to assist authorized Backyard Brands dealers with product recommendations, water chemistry analysis, and customer service.
• "AI Features" means the artificial intelligence capabilities in the Application, including natural language processing, voice interaction, product recommendations, water chemistry analysis interpretations, and adaptive personalization.
• "Customer Data" means personal information about the Dealer's customers that is entered into or processed by the Application.

2. Your Authorization

By using the Service, you represent and warrant that:

• You are a current employee, contractor, or authorized agent of a Dealer that holds an active Dealer Technology Services Agreement with Backyard Brands
• Your Dealer has authorized you to access and use the Application under the Dealer's account
• You will use the Application solely for the business purposes of your Dealer in connection with the sale and support of Backyard Brands water care products
• You will comply with both this Agreement and any internal policies your Dealer has established regarding the use of the Application

Your right to use the Application is tied to your Dealer's agreement with Backyard Brands. If the Dealer's agreement terminates, or if the Dealer revokes your authorization, your right to use the Application ends immediately.

3. The Service

3.1 What We Provide

Sage Dazzle is a mobile application designed to support authorized Backyard Brands dealers with product information, sales tools, water-chemistry guidance, inventory management, and related business functions. The Service is provided as-is and may be updated, modified, or enhanced at our discretion.

3.2 Service Availability

We aim to maintain reasonable availability of the Service but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when practical. We are not liable for downtime caused by factors beyond our reasonable control.

3.3 Updates and Changes

We may update the App to improve functionality, address security issues, or comply with legal requirements. Continued use after updates constitutes acceptance of any modified features.

4. Your Account

4.1 Registration

To use the Service, you must register with accurate, complete information and maintain the accuracy of that information. You must be at least 18 years old and an authorized representative of a Backyard Brands dealer.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately at support@backyardbrands.com if you suspect unauthorized access.

5. Permitted Use

You may use the App solely for the following business purposes in connection with your role at an authorized Dealer:

• Analyze customer water samples and generate product recommendations
• Assist customers with product selection, water-chemistry guidance, and related inquiries
• Enter and manage customer water test data, pool/spa profiles, and service records
• Use the AI Features to support customer consultations and in-store service work
• Access training materials, product information, and technical resources
• Use voice interaction features where available for hands-free operation

You may access the Application on mobile devices (phone, tablet) or desktop devices, whether in-store or remotely, provided all use is in connection with your Dealer's authorized business.

6. License and Restrictions

6.1 Grant of License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your internal business purposes as a Backyard Brands dealer.

6.2 Restrictions

You shall not:

• Use the Application for any personal, non-business purpose
• Share your login credentials with anyone, including other Dealer staff — each user must have their own credentials
• Access the Application after your employment or authorization with the Dealer ends
• Copy, modify, reverse engineer, decompile, or create derivative works of the Application
• Attempt to access data belonging to other Dealers or their customers
• Export, download, or transfer Customer Data outside the Application except through the Application's intended features and with proper authorization from your Dealer
• Use the Application's AI Features to generate content that is misleading, fraudulent, or harmful
• Interfere with the performance, security, or integrity of the Application
• Use the Application in a manner that violates any applicable law or regulation

7. AI Features — Important Disclosures

7.1 Nature of AI Assistance

The Application uses AI to assist you with product recommendations, water chemistry analysis, and customer interactions. You acknowledge that:

• AI-generated recommendations are decision-support tools, not definitive answers — you must apply your professional judgment and training before acting on them
• Dosage calculations and water chemistry interpretations are approximations based on the data entered and may not account for all site-specific variables
• AI Features may occasionally produce inaccurate or incomplete responses — always verify critical recommendations, especially those involving chemical handling or safety
• The AI adapts to usage patterns over time, and responses may vary as models are updated
• The quality of AI output depends directly on the accuracy of the data you enter

7.2 Professional Responsibility

THE APPLICATION SUPPORTS YOUR PROFESSIONAL WORK — IT DOES NOT REPLACE YOUR EXPERTISE. You remain responsible for all recommendations you make to customers and all service work you perform. Backyard Brands and your Dealer are not liable for outcomes resulting from actions taken based solely on AI-generated suggestions without appropriate professional verification.

7.3 Voice Interaction

Sage Dazzle includes voice interaction features for hands-free use. Voice processing may involve transmission of audio data to third-party service providers. Voice recognition accuracy varies based on environmental conditions. Do not use voice features in environments where audio transmission could compromise customer privacy or confidential information.

8. Customer Data and Privacy

8.1 Your Obligations

When handling Customer Data through the App, you must:

• Ensure the customer has provided informed consent for their information to be entered into the Application, as required by PIPEDA and applicable provincial privacy legislation
• Enter data accurately and completely — inaccurate data produces unreliable recommendations
• Access Customer Data only for the legitimate business purposes of your Dealer
• Not disclose Customer Data to anyone who is not authorized to access it
• Report any suspected data breach or unauthorized access to your Dealer and to Backyard Brands immediately at support@backyardbrands.com

8.2 Data Ownership

Customer Data entered into the Application is governed by the Dealer Technology Services Agreement between your Dealer and Backyard Brands. You do not personally own any Customer Data entered through the Application. Data ownership and access rights are defined between the Dealer and BBI.

8.3 Personal Information Collection

Backyard Brands collects limited personal information about you as a user of the Application, including your name, email address, role, and usage data (interaction patterns, features used, response quality). This information is used to provide and improve the Application, to support your Dealer's management of its account, and to provide performance analytics to your Dealer. Your Dealer's management may have visibility into your usage patterns and AI interaction data. Backyard Brands handles your personal information in accordance with PIPEDA and its Privacy Policy.

8.4 Persistent User Memory

The App may use persistent memory features to improve your experience over time. This means the AI may remember context from previous interactions to provide more relevant assistance. You can request deletion of stored interaction history by contacting privacy@backyardbrands.com.

8.5 How We Use Your Information

We use your information to:

• Provide, maintain, and improve the Service
• Communicate with you about your account and the Service
• Comply with legal obligations
• Protect the security and integrity of the Service

8.6 Your Privacy Rights

Under Canadian privacy law (PIPEDA and applicable provincial legislation), you have the right to:

• Access: request a copy of the personal information we hold about you
• Correction: request correction of inaccurate information
• Portability: receive your data in a structured, commonly used format
• Withdrawal: withdraw consent for non-essential processing
• Complaint: file a complaint with the Privacy Commissioner of Canada

To exercise these rights, contact our Privacy Officer at privacy@backyardbrands.com. We will respond within 30 days.

8.7 Data Security

We implement appropriate technical and organizational safeguards to protect your information. In the event of a data breach that poses a real risk of significant harm, we will notify affected users and the Privacy Commissioner as required by law.

8.8 Data Retention

We retain your information for as long as your account is active or as needed to provide the Service. Upon account termination, we will delete or anonymize your data within 90 days, except where retention is required by law.

8.9 Data Location

The Service is hosted in Canada. If you access the Service from outside Canada, you consent to the transfer of your information to Canada for processing.

9. Intellectual Property

The Service, including all content, features, and functionality (excluding Your Data), is owned by Backyard Brands Inc. and protected by Canadian and international intellectual property laws. The following names, logos, and related marks are trademarks of Backyard Brands Inc.:

• Dazzle
• Mineraluxe
• HydroFusion
• Pristiva
• Lumeau
• Sage
• Rocky

You acquire no ownership rights in the Application through this Agreement. Any feedback, suggestions, or improvement ideas you provide regarding the Application become the property of Backyard Brands without restriction or compensation.

11. Term and Termination

11.1 Term

This Agreement begins when you first access the Service and continues until terminated.

11.2 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the App. Upon termination, you will lose access to the Service.

11.3 Termination by Backyard Brands

Backyard Brands may suspend or terminate your access at any time if you breach this Agreement, if your continued access poses a security risk, or if required by law.

11.4 Automatic Termination

Your right to use the Application terminates automatically, without notice, when:

• The Dealer Technology Services Agreement between your Dealer and Backyard Brands terminates or expires
• Your Dealer revokes your authorization to use the Application
• Your employment or engagement with the Dealer ends
• Backyard Brands discontinues the Application

11.5 Effect of Termination

Upon termination: (a) you must immediately stop using the Application; (b) you must not retain any Customer Data obtained through the Application; and (c) Sections 7 (AI Disclosures), 8 (Customer Data and Privacy), 9 (Intellectual Property), 12 (Disclaimers), 13 (Liability), and 14 (General Provisions) survive termination. You may request a copy of your personal data for 30 days following termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12.1 Water Chemistry Disclaimer

THE APPLICATION PROVIDES AI-ASSISTED RECOMMENDATIONS FOR WATER CHEMISTRY BASED ON USER-PROVIDED DATA. THESE RECOMMENDATIONS ARE GENERAL IN NATURE. WATER CHEMISTRY INVOLVES VARIABLES INCLUDING SOURCE WATER COMPOSITION, BATHER LOAD, ENVIRONMENTAL CONDITIONS, AND EQUIPMENT CONDITION THAT THE APPLICATION CANNOT FULLY ASSESS. YOU ARE A TRAINED PROFESSIONAL AND MUST EXERCISE INDEPENDENT JUDGMENT BEFORE ACTING ON ANY AI-GENERATED RECOMMENDATION.

Product information provided through the Service is for reference purposes. Always refer to official Backyard Brands documentation for product specifications and safety information.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKYARD BRANDS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE APPLICATION. BACKYARD BRANDS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIFTY CANADIAN DOLLARS (CAD $50.00). THIS LIMITATION DOES NOT APPLY TO DAMAGES ARISING FROM BACKYARD BRANDS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Certain provinces and territories do not allow the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you.

14. General Provisions

14.1 Relationship to Dealer Agreement

This Agreement supplements but does not replace the Dealer Technology Services Agreement between your Dealer and Backyard Brands. In the event of any conflict between this Agreement and the Dealer Technology Services Agreement on matters relating to data ownership, intellectual property, or the business relationship between the Dealer and BBI, the Dealer Technology Services Agreement shall prevail.

14.2 Governing Law

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.3 Dispute Resolution

Any dispute arising from this Agreement shall first be addressed through good-faith negotiation. If unresolved within 30 days, either party may submit the dispute to the courts of Ontario, Canada, which shall have exclusive jurisdiction.

14.4 App Store Compliance

You acknowledge that this Agreement is between you and Backyard Brands Inc., not with Apple Inc., Google LLC, or any app store operator. Apple, Google, and their subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce its terms. The app store operator has no obligation to provide maintenance, support, or warranty services for the Application. Any claims relating to the Application, including product liability, consumer protection, or intellectual property claims, are the responsibility of Backyard Brands, not the app store operator.

14.5 Language

The parties confirm that it is their wish that this Agreement be drawn up in English. Les parties aux présentes confirment leur volonté que la présente convention soit rédigée en anglais. Where a French-language version is provided, the English version prevails in the event of conflict, except where the User is located in the Province of Quebec, in which case the French version prevails to the extent required by applicable Quebec language legislation.

14.6 Updates to This Agreement

Backyard Brands may update this Agreement from time to time. Updated versions will be identified by a new version number. You will be required to review and accept the updated Agreement on your next use of the Application after an update. Your continued use after acceptance constitutes agreement to the updated terms.

14.7 Entire Agreement

This Agreement, together with any Dealer Technology Services Agreement between the Dealer and BBI, constitutes the entire agreement between you and us regarding your use of the Service.

14.8 Severability

If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions continue in full force.

14.9 No Waiver

No failure by Backyard Brands to enforce a right constitutes a waiver. Waivers must be in writing.

14.10 Assignment

You may not assign this Agreement without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.

15. Contact Us

Questions about this Agreement or the Service: