Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of a business entity ("Client," "you," or "your"), and Pest OS LLC, a New Hampshire limited liability company ("Pest OS," "Company," "we," "us," or "our"), governing your access to and use of the website located at www.getpestos.com (the "Site") and all related AI receptionist services, software, integrations, and tools (collectively, the "Service").

By accessing the Site, creating an account, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Effective Date" above. Continued use of the Service after any modification constitutes acceptance of the revised Terms.

2. Definitions

"AI Receptionist" means Pest OS's proprietary automated software system, including artificial intelligence models, prompts, workflows, telephony infrastructure, and integrations, designed to receive, process, and route inbound telephone communications.
"Account" means the registered user account required to access and configure the Service.
"Client Data" means all data provided by or collected on behalf of Client through use of the Service, including call recordings, transcripts, lead information, CRM entries, and scheduling data, but excluding Pest OS intellectual property.
"AI-Generated Content" means any content, including text and audio, generated by the AI Receptionist based on Client-approved scripts, configurations, or caller interactions.
"Third-Party Services" means any software, telecom carriers, cloud infrastructure, CRM platforms, scheduling tools, or AI model providers not owned or controlled by Pest OS.
"Script" means any prompt, instruction set, or configuration that the AI Receptionist uses to generate responses.
"Subscription" means the fee-based arrangement for accessing the Service, subject to recurring charges as set forth in these Terms and on the Site.

3. Eligibility

The Service is available only to individuals who are at least eighteen (18) years old and who have the legal authority to enter binding agreements. By using the Service, you represent and warrant that you meet these requirements.

The Service is designed for licensed pest control, wildlife management, and related home service businesses. You represent that you hold all licenses, permits, and insurance required to operate your business in your jurisdiction.

4. Description of Services

Pest OS provides an AI-powered inbound call handling service for pest control and wildlife management businesses. The Service may include:

Automated inbound call answering, available 24/7 or during after-hours periods as configured
Lead qualification, information collection, and pest-type triage based on Client-approved scripts
Tentative appointment scheduling, subject to Client confirmation and availability
CRM record creation and integration (PestPac, Briostack, Jobber, and others)
Call routing, forwarding, and escalation per Client-defined rules
Call recordings, transcripts, and analytics
SMS and email notifications to Client

5. Service Limitations and Disclaimers

The Service is strictly a business automation tool. The AI Receptionist does not and shall not be deemed to:

Diagnose infestations, identify species, or provide pest control advice beyond Client-approved Scripts
Provide environmental, health, safety, medical, or legal advice
Provide binding pricing, guarantees, or service commitments on behalf of Client
Make any representations beyond Client-approved Scripts
Replace human judgment, expertise, or decision-making

Client acknowledges that AI outputs are probabilistic and may contain errors, inaccuracies, or inappropriate responses. Pest OS makes no guarantees regarding the accuracy, completeness, or appropriateness of any AI-Generated Content. Client is solely responsible for reviewing and validating AI-Generated Content before relying on it for any purpose.

6. No Agency; Independent Contractor

Pest OS is an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between Pest OS and Client.

The AI Receptionist has no authority to bind Client, alter Client's obligations, or make representations on Client's behalf beyond Client-approved Scripts. All statements made by the AI Receptionist are deemed Client-approved content delivered at Client's direction and risk.

7. Account Registration and Client Responsibilities

To use the Service, you must create an Account with accurate and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.

Client shall:

Provide accurate Scripts, pricing ranges, escalation rules, service area definitions, and business policies
Maintain all required business licenses, permits, and regulatory compliance
Ensure all AI instructions and Scripts comply with applicable law
Promptly notify Pest OS of material changes to business information, pricing, or service offerings
Review and approve workflows and Scripts prior to deployment

Client bears sole responsibility for all business outcomes, including but not limited to pest control decisions, treatments, regulatory compliance, customer communications, and the accuracy of information provided to Pest OS.

8. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that violates applicable law. Prohibited uses include but are not limited to:

Criminal, fraudulent, or deceptive activities
Harassment, abuse, or threatening conduct toward callers or third parties
Infringement of Pest OS or third-party intellectual property
Attempting to reverse-engineer, decompile, or extract source code from the Service
Interfering with Service functionality, security, or infrastructure
Using the Service to develop competitive products or services
Making calls to emergency telephone lines or public safety answering points through the Service

Pest OS reserves the right to suspend or terminate access for any violation of this section, at its sole discretion.

9. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations regarding your use of the Service. This includes, but is not limited to, the Telephone Consumer Protection Act (TCPA), state telemarketing laws, consumer protection laws, and any industry-specific regulations applicable to pest control and wildlife management.

10. Call Recording and Consent

The Service may record and transcribe inbound calls for quality assurance, analytics, and service improvement purposes. Client is solely responsible for all consent, notice, and disclosure obligations under applicable one-party and two-party consent recording laws.

Client shall defend, indemnify, and hold harmless Pest OS from any claims arising from Client's failure to obtain required consent for call recording, including any TCPA, state privacy, or consent-based claims under any theory of liability.

11. Fees, Payment, and Subscription

Access to the Service is provided on a subscription basis. Current pricing is published on the Site and may vary by plan. Pest OS reserves the right to change pricing at any time with reasonable notice.

Subscriptions are billed in advance on a monthly basis and will automatically renew each month until canceled. All fees are charged automatically to the payment method on file. Additional usage-based fees (e.g., per-minute charges beyond plan allotments) may apply and are detailed on the Site.

Setup fees, if applicable, are due upon execution and are non-refundable.

Late payments accrue interest at the lesser of 0.75% compounding per month or the maximum rate permitted by law. Pest OS may suspend Services for non-payment after reasonable notice.

12. Cancellation

Either party may cancel the Subscription at any time. There are no long-term contracts or annual commitments required.

Cancellation requests take effect at the end of the current billing period. Client must provide at least twenty-four (24) hours' notice before the next billing cycle to avoid charges for the subsequent period.

Upon cancellation, Client's access to the Service will continue through the end of the paid billing period.

13. Refund Policy

The Service is offered on a digital, subscription-based model. Refunds are generally not provided. Pest OS may, at its sole discretion, issue refunds or credits in response to documented service failures. Setup fees are non-refundable under all circumstances.

14. Intellectual Property

Pest OS retains all right, title, and interest in and to the Service, the AI Receptionist, and all underlying technology, including all patents, copyrights, trademarks, trade secrets, algorithms, models, prompts, and workflows. Client receives a limited, revocable, non-exclusive, non-transferable license to use the Service during the Subscription term solely for Client's internal business purposes.

Client retains ownership of Client Data. However, Client grants Pest OS a non-exclusive, worldwide, royalty-free license to use, reproduce, and process Client Data solely to provide and improve the Service during the term.

Any feedback, suggestions, or ideas provided by Client to Pest OS regarding the Service shall become the sole property of Pest OS, and Pest OS may use such feedback without restriction or compensation.

15. Aggregated and Anonymized Data

Pest OS may create, retain, and use aggregated and anonymized data derived from Client Data for any lawful purpose, including product improvement, machine learning model training, benchmarking, and marketing, both during and after the term. "Aggregated Data" means data combined with data from other clients such that no individual client or end customer is identifiable. "Anonymized Data" means data from which all personally identifiable information has been permanently removed.

16. Third-Party Services

The Service may rely on or integrate with Third-Party Services, including telecom carriers, cloud infrastructure providers, CRM platforms, and AI model providers. Pest OS is not responsible for any downtime, failures, data loss, or security incidents caused by Third-Party Services and provides no warranty regarding their availability, performance, or security.

17. Service Availability

Pest OS will use commercially reasonable efforts to maintain Service availability. However, any uptime targets or service level commitments are non-binding estimates only. The Service is provided on an "as-is" and "as-available" basis.

Pest OS reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Pest OS shall not be liable for any modification, suspension, or discontinuance of the Service.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PEST OS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEST OS MAKES NO GUARANTEES REGARDING ACCURACY OF AI-GENERATED CONTENT, CALL QUALITY, LEAD CAPTURE RATES, REVENUE GENERATION, OR CUSTOMER RETENTION.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEST OS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO PEST OS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL PEST OS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST CUSTOMERS, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF PEST OS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No claim may be brought more than twelve (12) months after the event giving rise to the claim.

20. Indemnification

Client shall defend, indemnify, and hold harmless Pest OS and its members, managers, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Client's use or misuse of the Service
Client's pest control operations, treatments, or wildlife services
Property damage or bodily injury arising from Client's operations
Client's violation of applicable laws, including TCPA, state privacy, and regulatory requirements
Client-approved Scripts, pricing, or representations
Any breach of these Terms by Client

Pest OS's indemnification obligation to Client is limited to claims arising from Pest OS's gross negligence or willful misconduct.

21. Confidentiality

Each party shall protect the other party's Confidential Information using at least the same degree of care it uses to protect its own similar information, but no less than reasonable care. Confidential Information shall be used only for the purpose of performing obligations under these Terms. Confidentiality obligations survive termination.

22. Dispute Resolution; Class Action Waiver

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language, with the seat of arbitration in Grafton County, New Hampshire.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. CLIENT MAY OPT OUT OF THIS ARBITRATION PROVISION BY PROVIDING WRITTEN NOTICE TO PEST OS WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS.

23. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law provisions. To the extent litigation is permitted, exclusive venue shall be in the courts of Grafton County, New Hampshire.

EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

24. Marketing and Publicity

Pest OS may list Client as a customer and use Client's name and logo in marketing materials, case studies, and on the Pest OS website, unless Client provides written notice opting out. Pest OS may also use anonymized, aggregated performance metrics for marketing purposes.

25. Assignment

Pest OS may assign these Terms freely, including in connection with a merger, acquisition, or sale of substantially all of its assets. Client may not assign these Terms without Pest OS's prior written consent.

26. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, governmental actions, internet or telecommunications failures/outages, cyberattacks, or failures of Third-Party Services.

27. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

28. Entire Agreement

These Terms, together with any Order Forms, the Privacy Policy, and any other documents incorporated by reference, constitute the entire agreement between the parties. No amendment shall be effective unless in writing and accepted by both parties. Electronic signatures are permitted and binding.

29. Survival

Sections relating to intellectual property, limitation of liability, indemnification, confidentiality, dispute resolution, governing law, and any other provisions that by their nature should survive, shall survive termination or expiration of these Terms.

30. Contact Information

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

Pest OS LLC
Email: jack@getpestos.com
Website: www.getpestos.com