Terms of Use

Effective Date: 10/01/2024

1. Definitions

“Company” refers to Pest AI and app.pestai.io.

“User” refers to anyone accessing the Website and Services.

“Services” refers to any products, content, or functionalities provided through pestai.io.

“Website” refers to pestai.io and related platforms.

2. Acceptance of this Agreement

By accessing or using the Services (or by clicking “accept” or “agree”), you acknowledge that you have read, understood, and agree to this Agreement on behalf of yourself or any entity you represent. If you do not agree, you must immediately cease using the Services and exit the Website.

3. Eligibility Requirements

To access and use the Website and Services, you must be at least 18 years old, a resident of the United States, and not a competitor of the Company. By using the Services, you represent that you meet these requirements and have the authority to enter into this Agreement.

4. Changes to this Agreement

The Company reserves the right to modify this Agreement at any time. You will be notified of changes through the Website, and continued use of the Services constitutes your acceptance of any changes. For new users, changes are effective immediately.

5. Access to the Services

We may modify, withdraw, or discontinue the Services without notice. We are not liable for any losses or damages due to unavailability of the Services.

6. Creating and Maintaining an Account

If an account is required to access certain features of the Services, you agree to provide accurate and updated information. You are responsible for maintaining the confidentiality of your password and any activity under your account. Notify us immediately of any unauthorized use.

Applicability to Additional Users

By creating an account or adding additional users to your account, you agree that all users who access the Services through your account are bound by these

Terms of Use. whether they have signed the agreement directly or not. You are responsible for ensuring that all users comply with these terms.

7. Termination of an Account

The Company reserves the right to suspend or terminate your account at any time without notice for any violation of this Agreement.

8. Confidentiality and Non-Disclosure (NDA)

By using this Website, you agree to maintain the confidentiality of any proprietary information, trade secrets, processes, or technologies you may gain access to. You agree not to disclose, reproduce, distribute, or use any of this information for any purpose outside of engaging with the Services. Unauthorized disclosure or use of this information may result in legal action.

9. Intellectual Property Rights

All intellectual property on the Website, including content, features, and services, is owned by Pest AI and is protected by U.S. and international intellectual property laws. You are granted a limited, non-transferable, non-exclusive license to use the Services for their intended purposes. You may not copy, distribute, modify, or exploit any part of the content without explicit written permission from the Company..

10. Licensing and Resale Restrictions

You are granted a limited, non-transferable, non-exclusive license to use the Services for their intended purpose. You may not resell, rebrand, or redistribute the Services, including any white-labeled versions of the platform, without explicit written permission from the Company. Any unauthorized attempt to repackage or resell the Services will result in termination of access and may lead to legal action.

11. Prohibited Use for Reverse Engineering or Competitive Purposes

You agree not to use the Services for purposes of reverse engineering, decompiling, disassembling, or attempting to derive the source code, structure, or algorithms of any part of the Services. Additionally, you are prohibited from using the Services to develop, design, or create a competing product or service. Any attempt to engage in these activities will result in immediate termination of access and may lead to legal action.

12. White-Label Platform Use

The Services offered through this Website are built on the HighLevel platform. While we provide additional features, services, and value on top of this platform, all core functionalities related to HighLevel are its intellectual property and are used by the Company under a license agreement. Unauthorized copying, reverse engineering, or redistribution of the HighLevel platform is strictly prohibited.

13. Proprietary Customizations

All customizations, configurations, and workflows built on the HighLevel platform by the Company are proprietary to the Company. Users may not reproduce, replicate, or copy these customizations, even if they obtain their own HighLevel account. These customizations are protected by intellectual property laws, and any breach will result in termination of access and legal action.

14. Conversational AI Use and Liability

The Company offers conversational AI services through the platform. By using this feature, you acknowledge that AI-generated responses are automated and may not always be accurate or complete. The Company is not liable for any decisions made based on AI-generated content. You are responsible for reviewing and verifying any information provided by the AI before acting upon it.

15. Ownership of AI-Generated Content

All AI-generated responses produced by the platform remain the property of the Company. Users may not use AI-generated content for purposes beyond the intended use without explicit written permission from the Company.

16. Text Messaging Compliance

The platform enables users to send text messages (SMS/MMS). By using this feature, you agree to comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state-specific regulations. You are solely responsible for obtaining any necessary consents from recipients before sending messages. The Company assumes no liability for any misuse of the text messaging service or for non-compliance with relevant laws and regulations.

17. Prohibited Activities

When using the Services, you agree not to:

Violate any laws, including intellectual property or privacy lawsSend unauthorized or unsolicited communicationsImpersonate others or misrepresent affiliationsUse the Services to harm minorsDistribute viruses or harmful softwareAttempt to reverse-engineer or copy any aspect of the Website, App, or ServicesAccess the Services for competitive purposesHarvest or collect data from other users

18. Data Security

We take reasonable measures to protect your data and ensure its security. However, no system is entirely immune to breaches. By using the Services, you agree that you provide your data at your own risk, and the Company is not liable for unauthorized access, breaches, or data loss unless caused by our gross negligence.

19. Geographic Restrictions

The Services are intended for use by individuals located in the United States. By accessing the Services outside the U.S., you assume full responsibility for complying with local laws.

20. Purchasing Process and Payment

If you purchase any services, you agree to provide accurate payment details and pay any applicable fees, taxes, or costs. We are not responsible for any issues related to third-party payment processors.

21. Subscription Services

If you subscribe to any Services, your subscription will begin upon receipt of payment. Subscriptions may automatically renew unless canceled prior to the renewal date.

22. User-Generated Content

You are responsible for any content you post on the Website or App. By posting, you grant the Company a non-exclusive, irrevocable, worldwide license to use, reproduce, distribute, and display your content. You agree that all User Content will comply with the content standards set forth in this Agreement.

23. Content Standards

User Content must not:

Violate any lawsPromote illegal activityInfringe on any intellectual property rightsBe defamatory, abusive, or otherwise objectionableContain false or misleading informationImply endorsement by the Company without permission

24. Monitoring and Enforcement

The Company reserves the right to remove or modify any User Content at our discretion.

25. Copyright Infringement (DMCA Policy)

If you believe your copyrighted work has been used on our Website or App without permission, please provide a notice in accordance with the Digital Millennium Copyright Act (DMCA).

26. Assumption of Risk

All information provided through the Services is for general purposes only. You assume full responsibility for any reliance on such information.

27. Privacy Policy

Your use of the Services is subject to the Privacy Policy, which can be reviewed at pestai.io/privacy

.

28. Termination

We may suspend or terminate your access to the Services at any time for any violation of this Agreement. Upon termination, any provisions that should survive will continue to apply, including confidentiality, IP rights, and limitations of liability.

29. No Warranty

The Services are provided “as is” without any warranties. We make no representations about the accuracy or reliability of the Services and disclaim all liability for any damages resulting from your use.

30. Limitation of Liability

To the fullest extent permitted by law, the Company will not be liable for any damages resulting from your use of the Services.

31. Indemnification

You agree to indemnify and hold the Company harmless from any claims arising out of your use of the Services or violation of this Agreement.

32. Dispute Resolution

Any disputes will be resolved through binding arbitration in California. You waive the right to participate in any class action suit or arbitration.

33. Governing Law

This Agreement is governed by California law. Any legal action must be brought in California courts.

34. Miscellaneous

Severability: If any part of this Agreement is found invalid, the rest remains enforceable.Entire Agreement: This Agreement constitutes the entire understanding between you and the Company.Assignment: You may not assign your rights without our consent.

35. Contact Information

For questions or notices, contact us at:

Designated Agent:

Antoni Hoshino

Address: 18653 Ventura Blvd, Ste 194, Tarzana, CA 91356

Email: [email protected]

2024. All rights reserved. Made by Pest AI with ❤️