Terms of Service

By accessing or using the Hydrotherapy Near Me platform (the "Platform"), website, or mobile application, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

These Terms constitute a legally binding agreement between you and Hydrotherapy Near Me, LLC, a West Virginia limited liability company ("Company," "we," "us," or "our").

We reserve the right to update these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

Hydrotherapy Near Me is a peer-to-peer marketplace connecting independent property owners ("Hosts") who list private aquatic spaces — including hot tubs, pools, swim spas, saunas, and cold plunges — with individuals ("Guests") who book hourly access to those spaces.

The Company provides booking infrastructure only. Hosts are independent property owners, not employees or agents of Hydrotherapy Near Me, LLC. The Company does not own, operate, inspect, or control any listed property.

Water safety, equipment maintenance, chemical compliance, and local regulatory compliance are the sole responsibility of each individual Host.

Guest Service Fee: A non-refundable service fee of 10% of the rental rate is added to your booking total at checkout, capped at a maximum of $12.95 per booking. This fee supports platform operations and is disclosed prior to payment confirmation.

Host Commission: Hosts receive 85% of their listed hourly rate. Hydrotherapy Near Me retains a 15% platform commission. This structure is disclosed to Hosts at onboarding and reflected in all Host earnings summaries.

Payment Processing: All payments are processed through Stripe. By booking, you authorize Stripe to charge your selected payment method. No raw credit card numbers, CVV codes, or bank account details are stored on our servers. All card data is tokenized natively through Stripe in compliance with PCI-DSS standards.

Host Payouts: Host payouts are released automatically via Stripe Connect 24 hours after a session ends, provided no damage claim has been submitted. Payouts typically arrive in your connected bank account within 2–5 business days.

Damage Authorization: By completing a booking, you authorize Hydrotherapy Near Me and Stripe to initiate one (1) retroactive charge to your payment method on file for verified property damage caused during your session, up to a maximum of $500. This authorization is a condition of booking.

Claim Requirements: Hosts must submit a damage claim within 24 hours of session end. Claims must include clear photographic evidence of the damage and a professional repair receipt or licensed contractor estimate. Claims without both forms of documentation will not be processed.

Single Charge Rule: Only one charge attempt will ever be made. If the charge succeeds, the matter is resolved. If it fails, no automated retries will occur. The guest's account may be suspended pending manual admin review.

Platform Backup Guarantee: In cases where a verified damage claim results in a failed charge attempt, Hydrotherapy Near Me may, at its sole discretion, issue a Platform Backup Guarantee payment of up to $300 to the Host. This is a discretionary platform benefit — not an insurance product — and requires documented evidence and admin approval. It does not waive the Guest's financial obligation for verified damages.

Normal Wear & Tear: Claims for ordinary cleaning, minor water splashing, towel use, or normal wear and tear will not be approved. Hosts are responsible for routine maintenance costs.

Hydrotherapy Near Me offers an optional HSA/FSA payment path for eligible Guests. If selected, your eligibility is screened exclusively through Flex Health, an independent third-party telehealth provider. Hydrotherapy Near Me does not conduct medical evaluations, issue Letters of Medical Necessity (LMNs), or make any determination regarding your medical eligibility.

Your participation in the Flex telehealth process is governed by Flex's own Terms of Service and Privacy Policy. Approval or denial of HSA/FSA eligibility is solely within Flex's discretion. HSA/FSA eligibility is not guaranteed and depends on your individual documentation, plan rules, and administrator approval.

Hydrotherapy Near Me does not store any medical diagnoses, clinical text, condition descriptions, or health records. Upon Flex approval, only a boolean verification flag and a Flex transaction reference token are stored on our platform. No medical data is accessible to Hosts or other users.

Hydrotherapy Near Me is not a healthcare provider, tax advisor, benefits administrator, insurance company, or HSA/FSA administrator.

All water-based wellness activities carry inherent risks. Your participation is entirely voluntary and at your own risk. The Platform's inclusion of wellness-related language (e.g., "recovery," "wellness") is descriptive only and does not constitute medical advice or medical claims.

If you have a cardiovascular condition, are pregnant, have recently undergone surgery, or have any other health condition that may be affected by heat, cold, or immersion, consult a licensed physician before booking.

By listing a space on the Platform, Hosts agree to:

• Maintain their property in clean, safe, and functional condition for every booking.
• Ensure water chemistry and sanitation meet reasonable safety standards appropriate to the space type.
• Maintain valid homeowner's or renter's insurance appropriate to short-term rental use in their jurisdiction.
• Comply with all applicable local ordinances, HOA rules, and state regulations regarding short-term rental of private property.
• Provide accurate listing descriptions, photos, and amenity information.
• Respond to Guest messages within a reasonable timeframe.
• Submit damage claims only for genuine, documented property damage with the required evidence.

Hosts are independent contractors. Hydrotherapy Near Me is not responsible for Host conduct, property conditions, or Guest experiences at a listed space. No guaranteed bookings or income.

By booking a space on the Platform, Guests agree to:

• Use the space only for its intended purpose and only during the booked time window.
• Respect the Host's property and house rules.
• Not exceed the maximum guest count listed for the space.
• Depart on time at the end of the booked session.
• Accept financial responsibility for verified property damage up to $500 per booking.
• Not engage in illegal activity, subletting, or commercial use of the space without explicit written permission from the Host.

Opt-In & Consent: By providing your mobile phone number and opting in via a website form at hydrotherapynearme.com/host or any other opt-in point, you consent to receive SMS messages from Hydrotherapy Near Me related to host applications, earnings calculator results, onboarding, listing information, account activity, booking activity, support, and related communications.

Message Frequency: Message frequency varies based on your activity. You may receive messages related to application status, onboarding steps, booking updates, platform notifications, and support follow-ups.

Message & Data Rates: Message and data rates may apply. You are responsible for any fees charged by your wireless carrier.

Opt-Out: Reply STOP to any SMS message to unsubscribe. After opting out, you will receive one confirmation message and no further SMS messages unless you re-subscribe.

Help: Reply HELP to any SMS message for assistance, or contact us at hello@hydrotherapynearme.com.

Not a Condition of Purchase: Consent to receive SMS messages is not a condition of purchase or participation in the platform.

Account Holder Representation: You represent that you are the account holder or authorized user of the mobile phone number you provide.

Carrier Limitation: Wireless carriers are not liable for delayed or undelivered messages. Supported carriers include all major US carriers.

Privacy: We do not sell, rent, or share your mobile phone number or SMS consent information with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy for full details on how mobile data is handled.

Transactional Emails: By creating an account or completing a booking, you may receive transactional and operational emails from Hydrotherapy Near Me, including booking confirmations, session reminders, entry instructions, damage claim notifications, payout confirmations, and account alerts.

Marketing Emails: You may separately opt in to receive promotional or informational emails from Hydrotherapy Near Me. You may opt out at any time by clicking the "Unsubscribe" link in any marketing email.

We collect personal information including name, email, phone number, and location data (city/state/county) as necessary to operate the Platform. We do not store raw credit card numbers, CVV codes, or medical records.

Guest addresses and full property addresses are never displayed publicly. Maps show approximate area only.

We use industry-standard encryption and access controls to protect your data. Your data is never sold to third-party marketers.

For full details, please review our Privacy Policy. By using the Platform, you acknowledge our data practices as described therein.

Cancellation and refund policies are set at the listing level by each Host. The applicable policy is displayed clearly on each listing page before you book.

The Guest Service Fee (10%, max $12.95) is non-refundable in all cases, as it covers platform costs incurred at the time of booking.

If a Host cancels a confirmed booking, Guests are entitled to a full refund of all amounts paid, including the service fee.

Refunds are processed to your original payment method and may take 5–10 business days to appear, depending on your bank.

You agree not to:

• Misrepresent your identity, health status, or number of guests.
• Use any listed space for illegal activity, commercial events, or purposes other than those listed.
• Circumvent the Platform's booking system to arrange direct payments with Hosts or Guests.
• Post false reviews, manipulate ratings, or engage in any deceptive conduct.
• Attempt to access other users' accounts, data, or private information.
• Use the Platform for any purpose that violates applicable local, state, or federal law.

Violation of these prohibitions may result in immediate account suspension and, where applicable, legal action.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYDROTHERAPY NEAR ME, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PERSONAL INJURY, PROPERTY DAMAGE, OR HEALTH OUTCOMES, ARISING FROM YOUR USE OF THE PLATFORM OR ANY LISTED SPACE.

Our total liability to you for any claim arising from use of the Platform shall not exceed the total fees paid by you to Hydrotherapy Near Me in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

These Terms are governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved exclusively in the state or federal courts located in Monongalia County, West Virginia.

You waive any objection to the jurisdiction or venue of such courts.

For questions about these Terms, please contact: