Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Pest Control Automation (“Company,” “we,” “us,” or “our”), a partnership between Jeno Giordano and Bob Greenstone, operating at pestcontrolautomation.net.

By creating an account, subscribing to a plan, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree, do not access or use our services.

2. Description of Services

Pest Control Automation provides voice automation, customer retention, route optimization, and website engagement tools designed specifically for pest control companies. Our services include:

2.1 Voice Automation (CAPTURE)

• Automated call answering through our voice assistant, handling inbound calls on your behalf
• Pest identification and service recommendation based on caller descriptions
• Real-time pricing quotes based on your configured service rates
• Appointment scheduling directly into your calendar or scheduling system
• Call recording, transcription, and summary delivered to your dashboard

2.2 Retention Campaigns (KEEP)

• Automated follow-up messages after service visits (SMS and email)
• Review request campaigns to build your online reputation
• Seasonal service reminders to drive repeat business
• Churn prevention outreach for customers who have not booked recent services
• Renewal and contract anniversary notifications

2.3 Route Optimization (OPTIMIZE)

• Intelligence briefings and performance dashboards
• Voice dispatch for technicians in the field
• Route optimization recommendations to reduce drive time and fuel costs

2.4 Website Widget

• Embeddable voice widget for your website that engages visitors and facilitates appointment booking
• Configurable to match your brand and service offerings
• Lead capture and visitor engagement analytics

The specific features available to you depend on your subscription plan and any add-ons you have purchased. Feature availability is described on our pricing page and in your account dashboard.

3. Account Creation and Responsibilities

3.1 Account Registration

To use our services, you must create an account and complete our onboarding process. During onboarding, you will provide business information including your service areas, pricing, pest types you treat, hours of operation, and scheduling preferences. This information is used to configure your voice assistant and automation workflows.

3.2 Accuracy of Information

You are responsible for ensuring that all information you provide is accurate, complete, and current. If your business information changes (such as pricing, service areas, hours, or contact details), you must update your account promptly. Inaccurate information may result in your voice assistant providing incorrect quotes or scheduling errors.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from unauthorized access to your account.

3.4 Compliance

You are responsible for complying with all applicable laws and regulations in connection with your use of our services. This includes, but is not limited to, call recording consent laws, telemarketing regulations (TCPA), CAN-SPAM Act requirements for email communications, and any state or local licensing requirements for your pest control business.

4. Pricing and Payment Terms

4.1 Subscription Plans

Our services are offered on a monthly subscription basis. Pricing varies depending on your plan tier, the number of business locations, and the number of vehicles in your fleet. Current pricing is available on our website and will be confirmed during your onboarding process.

4.2 Setup Fees

A one-time setup fee is charged at the start of service to cover voice assistant configuration, business data entry, integration setup, and initial testing. Setup fees are non-refundable once the onboarding process has begun.

4.3 Per-Location and Per-Vehicle Pricing

Subscription fees are calculated on a per-location basis for voice and retention services, and on a per-vehicle basis for route optimization and dispatch services. If you add or remove locations or vehicles during a billing cycle, your subscription will be adjusted on the next billing date.

4.4 Billing and Auto-Renewal

Monthly subscription fees are billed on the first of each month, starting from your service activation date. All payments are processed through Stripe. Your subscription will automatically renew each month unless you cancel in accordance with Section 12 (Termination). All fees are quoted and payable in US dollars.

4.5 Late Payments

If a payment fails, we will notify you and attempt to process the payment again. If payment is not received within 15 days of the due date, we reserve the right to suspend your services until the balance is paid in full. Repeated payment failures may result in account termination.

4.6 Price Changes

We reserve the right to change our pricing with at least 30 days written notice sent to the email address on your account. Your continued use of the services after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

5. Fair Use Policy

Plans include generous usage appropriate for your business size. We reserve the right to review accounts with usage significantly exceeding typical patterns for their plan tier and business size.

Our fair use policy is designed to ensure all customers receive reliable, high-quality service. The following guidelines apply:

• Voice minutes - Your plan includes voice assistant minutes appropriate for a pest control business with your number of locations. If your usage consistently exceeds typical patterns for businesses of your size, we will contact you to discuss whether a different plan tier would be a better fit.
• Retention messages - SMS and email campaigns are intended for legitimate customer communication related to your pest control services. Message volume should be consistent with your active customer base.
• Widget interactions - The website voice widget is provided for use on your company website. Usage should reflect genuine visitor engagement.
• API access - If your plan includes API access, reasonable rate limits apply. Automated processes that generate excessive load may be throttled after notification.

We will always reach out to you before taking any action related to fair use. Our goal is to find a plan that fits your business, not to penalize growth.

6. Acceptable Use

You agree to use our services only for lawful purposes related to the operation of your pest control business. The following activities are strictly prohibited:

• Using our voice assistant or messaging systems to make unsolicited calls, send spam, or engage in any form of harassment
• Transmitting, storing, or processing any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempting to gain unauthorized access to our systems, other users' accounts, or any data not intended for you
• Using our services for any business other than pest control operations without prior written authorization
• Reselling, sublicensing, or redistributing access to our platform without written consent
• Interfering with or disrupting the integrity or performance of our services or the data contained therein
• Reverse-engineering, decompiling, or disassembling any aspect of our platform
• Deploying our website widget on third-party websites without authorization

Violation of this acceptable use policy may result in immediate suspension or termination of your account.

7. Service Level and Availability

7.1 Uptime Target

We target 99.5% uptime for our voice assistant and core platform services, measured on a monthly basis. This target excludes scheduled maintenance windows and events beyond our reasonable control.

7.2 Scheduled Maintenance

We may perform scheduled maintenance to update, improve, or repair our services. Planned maintenance windows will be communicated to you via email at least 48 hours in advance. We will make reasonable efforts to schedule maintenance during low-traffic hours.

7.3 Service Interruptions

We are not liable for service interruptions caused by circumstances beyond our reasonable control, including but not limited to: internet outages, telecommunications failures, third-party service disruptions (such as Twilio outages), power failures, natural disasters, acts of government, or other force majeure events.

7.4 Support

We provide customer support via email at [email protected] during regular business hours (Monday through Friday, 9:00 AM to 6:00 PM Eastern Time). We aim to acknowledge support requests within one business day and resolve issues as quickly as possible.

8. Intellectual Property

8.1 Our Platform

The Pest Control Automation platform, including all software, technology, voice assistant systems, algorithms, workflows, user interface designs, documentation, branding, and proprietary methodologies, is owned by and proprietary to Pest Control Automation. All rights not expressly granted to you under these Terms are reserved by us.

8.2 License to Use

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business operations during the term of your subscription.

8.3 Restrictions

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on our platform or any part thereof. You may not reverse-engineer, decompile, or disassemble any aspect of our technology. You may not remove or alter any proprietary notices or labels on our platform.

8.4 Feedback

If you provide suggestions, feature requests, or other feedback about our services, we may use that feedback without obligation to you. You grant us a perpetual, irrevocable, royalty-free license to use and incorporate your feedback into our products and services.

9. Data Ownership and Portability

9.1 Your Data

You retain full ownership of all customer data, business data, and content that you provide to us or that is generated through your use of our services. This includes your customer records, appointment history, contact lists, and call recordings.

9.2 Call Recordings

Call recordings made by our voice assistant on your behalf are your property. When call recording is enabled for your account, we retain recordings for a limited period (one year by default). You may request access to or a copy of your recordings by contacting us; we will provide them for the account associated with your request. We recommend requesting any recordings you wish to keep before the retention period expires.

9.3 Data Export

You may request a full export of your data at any time. Upon account termination, you will have 30 days to request a data export. We will provide your data in a commonly used, machine-readable format (such as CSV or JSON). After the 30-day export window following termination, your data will be permanently deleted from our active systems in accordance with our data retention policy.

9.4 License to Us

By using our services, you grant us a limited license to use, process, and store your data solely for the purpose of providing and improving our services to you. We may also use anonymized, aggregated data (from which your business and customers cannot be identified) to improve our platform, generate industry benchmarks, and develop new features.

10. Limitation of Liability

10.1 Disclaimer of Warranties

Our services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or completely secure.

10.2 Limitation of Damages

To the maximum extent permitted by applicable law, Pest Control Automation and its partners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of business opportunities, cost of substitute services, or any damages arising from service interruptions, regardless of the cause and whether or not we were advised of the possibility of such damages.

10.3 Liability Cap

Our total aggregate liability for any and all claims arising out of or related to these Terms or your use of our services shall not exceed the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

10.4 Voice Assistant Limitations

While we strive for accuracy, our voice assistant is an automated system and may occasionally misunderstand callers, provide imprecise information, or make scheduling errors. We are not liable for business losses resulting from voice assistant errors. You are responsible for reviewing call summaries and verifying appointment details in your regular workflow.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pest Control Automation, its partners, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including call recording consent requirements
• Any content or data you provide through our platform
• Any claims by your customers or end users arising from communications made through our platform on your behalf

We will promptly notify you of any claim subject to indemnification and cooperate with you in the defense of such claim. You shall not settle any claim without our prior written consent.

12. Termination

12.1 Cancellation by You

You may cancel your subscription at any time by providing 30 days written notice to [email protected]. Upon cancellation, your services will continue through the end of the current billing period. No refunds will be issued for partial months of service. Setup fees are non-refundable.

12.2 Termination by Us

We may terminate your account with 30 days written notice for any reason. We may terminate your account immediately and without prior notice if:

• You materially breach these Terms and fail to cure the breach within 15 days of notice
• You fail to pay fees owed and do not resolve the balance within 15 days of notice
• You engage in illegal activity or use our services in a manner that harms our platform, our reputation, or other users
• You violate our acceptable use policy

12.3 Effect of Termination

Upon termination of your account:

• Your access to the platform and all services will cease
• Our voice assistant will stop handling calls on your behalf
• All active retention campaigns will be paused
• You will have 30 days to request a data export (see Section 9.3)
• Any outstanding fees will become immediately due and payable
• Provisions of these Terms that by their nature should survive termination will remain in effect, including Sections 8, 10, 11, and 13

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing any formal dispute, both parties agree to attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation for a period of at least 30 days following written notice of the dispute.

13.3 Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in a mutually agreed-upon location. Each party shall bear its own costs and attorney fees unless the arbitrator determines otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

14. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days advance notice by sending an email to the address associated with your account and by posting the updated terms on our website with a revised “Last updated” date. Non-material changes (such as typographical corrections or clarifications that do not alter your rights or obligations) may be made without advance notice.

Your continued use of our services after the effective date of updated terms constitutes acceptance of those changes. If you do not agree with the updated terms, you must stop using our services and cancel your account before the changes take effect.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any order forms or service agreements you have executed with us, constitute the entire agreement between you and Pest Control Automation regarding your use of our services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Pest Control Automation.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, pandemics, government actions, internet or telecommunications failures, or power outages.

15.6 Notices

All notices under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to [email protected] (for notices to us). Notices are deemed received when sent by email, provided the sender does not receive a delivery failure notification.

16. Contact Information

For questions about these Terms of Service, please contact us: