Terms of Service

Effective Date: April 11, 2026
Last Updated: April 11, 2026

Welcome to Potaflow. These Terms of Service ("Terms") govern your access to and use of the services provided by Potaflow, LLC ("Potaflow," "we," "us," or "our"), a New York limited liability company, through our website at potaflow.com and our web application (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

Potaflow operates a web-based platform that enables licensed backflow prevention testers to enter test results digitally, generate NYS DOH-1013 forms, and submit reports to water districts. Water districts receive tools to review, accept, or reject reports and monitor device compliance.

2. Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you meet this age requirement and that all information you provide is accurate and complete.

3. Accounts

Registration

Account creation requires a valid email address and password. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

Accuracy

You agree to provide truthful, current, and complete registration information, including your name, contact details, and, for testers, valid license and certification information.

Account Security

You must notify Potaflow immediately at [email protected] if you become aware of any unauthorized access to your account. Potaflow shall not be liable for losses arising from your failure to safeguard your credentials.

4. Acceptable Use

You agree to use the Service lawfully and only for its intended purpose. You shall not:

Submit false or misleading test data
Create fraudulent DOH-1013 forms
Impersonate any person or entity
Access another user's account without authorization
Attempt to disrupt, overload, or interfere with the Service's infrastructure
Use automated tools (bots, scrapers, crawlers) to access the Service without prior written permission
Use the Service for any unlawful purpose

Violations of this section may result in account suspension or termination.

5. Tester Responsibility

The tester is solely responsible for the accuracy of all test readings, device information, and data entered into the Service. Potaflow validates field completion and formatting but does not verify the accuracy of test results. Testers must:

Maintain a valid NYS DOH backflow tester license
Ensure proper equipment calibration in accordance with manufacturer and regulatory requirements
Understand that digital signatures applied through the Service carry the same legal weight as handwritten signatures

Potaflow does not perform, supervise, or certify backflow testing work.

6. Water District Use

Water district administrators are onboarded through Potaflow. District users may review and accept or reject submitted test reports, configure compliance rules, track device compliance status, and export data. District administrators are responsible for managing internal user access and permissions within their organization.

7. Data Ownership

You retain ownership of all data you submit to the Service. By using the Service, you grant Potaflow a limited, non-exclusive, royalty-free license to process, store, transmit, and display your data solely to operate and provide the Service, including PDF generation and report delivery to water districts.

You may export your data at any time through the Service. Upon account termination, you will have thirty (30) days to request a data export. After that period, your data may be deleted in accordance with our Privacy Policy, except where retention is required for regulatory compliance.

8. Intellectual Property

The Service, including its design, source code, logos, and branding, is owned by Potaflow, LLC and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service or any part thereof without prior written consent from Potaflow.

The NYS DOH-1013 form is a public government document. Potaflow's digital implementation and workflow for completing and submitting the form remain proprietary.

9. Early Access and Beta

The Service is currently offered free of charge during its early access period. We reserve the right to introduce paid subscription plans in the future with at least thirty (30) days' prior written notice. Features may be added, modified, or removed during early access. Early access users may receive preferential pricing when paid plans are introduced.

10. Future Payment Terms

When paid plans are introduced, payment processing will be handled by Stripe, Inc., a PCI-compliant third-party payment processor. Potaflow will not directly store your full credit card number or payment credentials. Your use of Stripe's services will be subject to Stripe's terms of service and privacy policy. Specific pricing, billing cycles, and cancellation terms will be communicated before any charges apply.

11. Service Availability

Potaflow strives to maintain continuous availability of the Service but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. Potaflow shall not be liable for any losses resulting from Service unavailability.

12. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Potaflow disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall Potaflow, its member, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity, arising out of or related to your use of the Service.

Potaflow's total aggregate liability for any and all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to Potaflow in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Potaflow bears no responsibility for regulatory penalties, fines, or enforcement actions resulting from inaccurate data submitted by users or delays in report submission.

13. Indemnification

You agree to indemnify, defend, and hold harmless Potaflow, LLC, its member, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) the inaccuracy of any data you submit through the Service.

14. Termination

By You

You may stop using the Service at any time. To delete your account, contact us at [email protected]. Upon request, we will delete your account and personal information within thirty (30) days, subject to our data retention obligations.

By Potaflow

We may suspend or terminate your account under the following circumstances:

You violate these Terms or the Acceptable Use policy
You submit fraudulent or intentionally inaccurate data
Your account has been inactive for more than twelve (12) consecutive months
We discontinue the Service entirely

Where practicable, we will provide you with at least fourteen (14) days' written notice before terminating your account, except in cases of fraud, abuse, or legal obligation where immediate action is necessary.

Effect of Termination

Upon termination, your right to access the Service ceases immediately. You will have thirty (30) days from the date of termination to request an export of your data. Potaflow may retain data as required for regulatory compliance in accordance with our Privacy Policy.

15. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact Potaflow at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration

If the dispute is not resolved informally, you and Potaflow agree to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Nassau County, New York. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Exceptions

Either party may bring an action in court for injunctive relief or to protect intellectual property rights without first engaging in arbitration. Claims eligible for small claims court in Nassau County, New York may be brought in that forum at the election of either party.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Nassau County, New York, and you consent to the personal jurisdiction of such courts.

17. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we will provide at least thirty (30) days' notice by email or through a notice within the Service before the changes take effect. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the revised Terms.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Potaflow regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, and communications.

20. Contact Us

If you have any questions about these Terms, contact us at:

Potaflow, LLC
80 Parsons Drive, Hempstead, NY 11550
Email: [email protected]