pestcamp
Terms of Servivce
PestCamp Terms of Service
PestCamp LLC
Effective Date: March 23, 2026
Last Updated: August 13, 2026
What web accessibility is.
An accessible site allows visitors with disabilities to browse the site with the same or a similar level of ease and enjoyment as other visitors. This can be achieved with the capabilities of the system on which the site is operating, and through assistive technologies.
1. Agreement to These Terms
These Terms of Service (the "Terms") are a binding contract between PestCamp LLC, a Virginia limited liability company ("PestCamp," "we," "us," or "our"), and the business entity that subscribes to or uses the Services ("Customer," "you," or "your").
You accept these Terms by doing any of the following: clicking a button or checking a box indicating acceptance; signing an Order Form that references these Terms; creating a PestCamp account or workspace; enrolling a device against a PestCamp setup code; or accessing or using the Services.
The person accepting these Terms represents that they are at least 18 years old and are authorized to bind the Customer entity. If you do not have that authority, or if the Customer does not agree to these Terms, you may not accept them and may not use the Services.
The Services are for business use only. They are offered to pest control businesses and their personnel. They are not offered to consumers for personal, family, or household purposes.
1.1 The Documents That Make Up This Agreement
The following documents together form the entire agreement between you and PestCamp (the "Agreement"), and each is incorporated into these Terms by reference:
Document:
These Terms of Service
Subscription and Billing Terms
Acceptable Use Policy
Privacy Policy
Data Processing Addendum ("DPA")
Any Order Form signed by both parties
What it covers
The core contract
Seats, fees, auto-renewal, refunds, suspension
What you may and may not do with the Services
How PestCamp handles personal information
PestCamp's obligations as processor of your Customer Data
Your plan, seat count, pricing, and term
Order of precedence. If these documents conflict, the following order controls, from highest to lowest: (1) a signed Order Form; (2) the DPA, but only as to the processing of personal data; (3) these Terms; (4) the Subscription and Billing Terms; (5) the Acceptable Use Policy; (6) the Privacy Policy.
1.2 Changes to These Terms
We may modify these Terms. If a change is material and adverse to you, we will give you at least thirty (30) days' notice before it takes effect, by email to your account's administrative contact and by posting a notice in the Services. Material changes take effect at the start of your next renewal term, or thirty (30) days after notice, whichever is later. Non-material changes (clarifications, formatting, updated contact details, changes required by law) take effect when posted.
If you object to a material change, your remedy is to terminate the Agreement before the change takes effect and receive a pro-rata refund of prepaid, unused fees. Continuing to use the Services after a change takes effect means you accept it.
2. Definitions
"Administrator" means a user assigned the admin or superadmin role, who can manage users, credentials, device enrollment, pricing data, and account settings.
"Authorized User" means an individual — an employee, technician, inspector, office staff member, or approved contractor of Customer — whom Customer permits to access the Services under a Seat.
"Customer Data" means all data, content, and records that Customer or its Authorized Users submit to, generate in, or transmit through the Services. This includes inspection records, service addresses, End Customer contact details, photographs, signatures, proposals and service agreements, pricing and quote data, team rosters, and message logs.
"End Customer" means a residential or commercial customer or prospective customer of Customer whose information Customer processes through the Services. End Customers are not parties to this Agreement and have no rights under it.
"Order Form" means an ordering document, online checkout confirmation, or written plan selection specifying the subscription plan, Seats, fees, and term.
"Seat" means one license entitling one named individual Authorized User to access the Services.
"Services" means the PestCamp software-as-a-service platform, including its web and progressive web applications, administrative and office consoles, field and technician interfaces, inspection tools, price book and quote builder, notification and messaging features, APIs, associated documentation, and the websites at pestcamp.com and any successor or related domains we operate.
"Subscription Term" means the period of your subscription as specified in an Order Form, including renewals.
3. Accounts, Credentials, and Devices
3.1 Account Setup
To use the Services you must establish an account and designate at least one Administrator. You must provide accurate, current, and complete information and keep it updated. You are responsible for everything that happens under your account.
3.2 Credentials Are Your Responsibility
The Services authenticate Authorized Users using login keys, device enrollment, and setup codes. You acknowledge and agree that:
-
A login key is a credential of the same character as a password. You are solely responsible for generating strong keys, distributing them securely, storing them securely, and rotating them.
-
You must not transmit or store credentials insecurely — including in spreadsheets, shared drives, unencrypted email, chat messages, or version control. We recommend a password manager.
-
Setup codes are single-use and time-limited. You are responsible for delivering them only to the intended recipient and for revoking unredeemed codes when circumstances change.
-
Each Seat is for one named individual. Credential sharing between individuals is prohibited and is a material breach of this Agreement.
-
Enrolling a device associates that device with your account. You are responsible for the devices your Authorized Users enroll, for de-enrolling devices that are lost, stolen, sold, or belong to departed personnel, and for the security of those devices.
3.3 Notify Us of Compromise
You must notify us immediately at ADMIN@PESTCAMP.COM if you learn of or reasonably suspect any unauthorized access to your account, any compromised credential or device, or any other breach of security. You remain responsible for activity conducted with your credentials before you notify us and before we have a reasonable opportunity to act.
3.4 Administrators Act for You
Administrators can view, modify, export, restrict, and permanently delete Customer Data, including data created by other Authorized Users; add and remove Authorized Users and change their roles; and change account and billing settings. Actions taken by an Administrator are attributed to you and bind you. We are entitled to rely on instructions we reasonably believe come from an Administrator. We are not responsible for what your Administrators do, including deletion of data or removal of access.
If you designate an Authorized User whose employer or engagement is not you (for example, a contractor or consultant), you remain fully responsible for their acts and omissions as if they were your own.
3.5 Personnel Changes
You must promptly de-provision Authorized Users who leave your organization or change roles. We provide the tools to do this; using them is your obligation. Deactivating a user preserves that user's historical records while blocking their access.
4. License and Ownership
4.1 Your Right to Use the Services
Subject to your compliance with this Agreement and payment of all fees, PestCamp grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Services for your internal business operations, for the number of Seats you have purchased.
This is a subscription to a hosted service, not a sale. No copy of the software is delivered to you, and no ownership passes to you.
4.2 PestCamp Owns the Services
PestCamp and its licensors own all right, title, and interest in and to the Services, including all software, source code, object code, architecture, algorithms, data models and schemas, user interfaces, workflows, designs, layouts, graphics, text, documentation, the PestCamp name and logo, and all other trademarks, service marks, trade dress, patents, copyrights, trade secrets, and other intellectual property rights in or relating to the Services.
All rights not expressly granted in Section 4.1 are reserved. Nothing in this Agreement transfers to you any ownership interest in the Services or grants any license by implication, estoppel, or otherwise.
4.3 The Price Book, Catalog, and Templates
The Services include pricing structures, service catalogs, item taxonomies, proposal and service agreement templates, inspection form structures, and similar materials that PestCamp supplies ("PestCamp Content"). PestCamp Content is licensed to you for use within the Services during the Subscription Term only.
Pricing values, service descriptions, and catalog entries that you create, upload, or customize are your Customer Data. The underlying structures, templates, forms, and taxonomies that PestCamp supplies remain PestCamp's property. You may not extract, republish, resell, or license PestCamp Content outside the Services.
PestCamp Content is provided as a starting point, not as advice. You are solely responsible for the accuracy, legality, and commercial suitability of any price, quote, proposal, service agreement, treatment recommendation, or inspection finding that you produce using the Services. See Section 9.
4.4 Your Customer Data Stays Yours
You represent and warrant that:
-
You have all rights, consents, and lawful bases necessary to collect Customer Data and to have PestCamp process it as contemplated by this Agreement;
-
Customer Data and your use of the Services comply with all applicable laws, including privacy, data protection, consumer protection, telemarketing, electronic communications, and pesticide and structural pest control regulations;
-
You have provided any notices and obtained any consents required from End Customers, including for the collection of service addresses, photographs, and electronic signatures, and for any email, text message, or notification sent through the Services; and
-
Customer Data does not infringe or misappropriate any third party's rights.
You are responsible for maintaining your own records. The Services are not a system of record for regulatory compliance purposes, and you should not rely on them as your only copy of any record you are legally required to retain.
4.6 Restricted Data
Do not submit to the Services: payment card numbers, bank account or financial account credentials, Social Security or other government identification numbers, protected health information subject to HIPAA, biometric identifiers, precise geolocation of individuals collected without their consent, information about children under 13, or any data subject to ITAR, EAR, or classified-information controls.
The Services are not designed, and PestCamp makes no representation that they are configured, to handle such data. If you submit it anyway, you do so at your own risk, you are solely responsible for the consequences, and you will indemnify us under Section 11.
4.7 Feedback
If you send us suggestions, ideas, feature requests, bug reports, or other feedback, you grant PestCamp a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use it for any purpose without restriction, attribution, or compensation. Do not send us feedback you consider confidential or proprietary.
4.8 Usage Data
PestCamp may collect and use technical and statistical data about the configuration, performance, and use of the Services. We may use this data to operate, secure, analyze, and improve the Services and to produce aggregated and de-identified statistics and benchmarks. Any such statistics will not identify you, any Authorized User, or any End Customer, and we will not attempt to re-identify de-identified data. Aggregated and de-identified data is PestCamp's property.
5. Subscriptions, Seats, and Fees
Subscription plans, Seat counts, fees, billing cycles, automatic renewal, taxes, late payment, refunds, and suspension for non-payment are governed by the Subscription and Billing Terms, which are incorporated into this Agreement by reference and available at https://www.pestcamp.com
Three provisions are restated here because of their importance:
-
Your subscription renews automatically for successive periods equal to the then-current term unless you cancel before the renewal date, as described in the Subscription and Billing Terms.
-
Fees are non-refundable except as expressly stated in the Subscription and Billing Terms or as required by law.
-
You authorize us to charge your payment method on file for all fees when due, including renewal fees and Seat additions.
6. Acceptable Use and Restrictions
Your use of the Services is subject to the Acceptable Use Policy, incorporated by reference and available at:
In addition, you may not, and may not permit any Authorized User or third party to:
6.1 Technical and Software Restrictions
-
Copy, modify, translate, or create derivative works of the Services or any part of them;
-
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, ideas, or algorithms of the Services, except to the extent this restriction is expressly prohibited by applicable law and then only after written notice to us;
-
Access the Services to build, train, or improve a competing or substantially similar product or service, or for competitive benchmarking or analysis;
-
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, time-share, or make the Services available to any third party, or operate the Services as a service bureau;
-
Use robots, spiders, scrapers, headless browsers, or other automated means to access, monitor, index, or copy any part of the Services, or extract data from the Services other than through interfaces we expressly provide for that purpose;
-
Circumvent, disable, or interfere with any authentication, authorization, rate limiting, licensing, Seat enforcement, version checking, security, or access control feature of the Services, or use the Services in a way that exceeds your purchased Seats;
-
Access the Services through any interface other than those we provide, or interoperate with the Services using unauthorized clients, forks, or modified applications;
-
Introduce any virus, worm, malware, or malicious code, or any code designed to disrupt, disable, overburden, or impair the Services;
-
Probe, scan, or test the vulnerability of the Services or any related system or network, or breach or attempt to breach any security or authentication measure, except under a written authorized testing agreement signed by PestCamp;
-
Remove, obscure, or alter any proprietary notice, watermark, version identifier, or attribution in the Services;
-
Impose an unreasonable or disproportionately large load on the Services or their infrastructure, or interfere with any other customer's use of the Services.
6.2 Content and Conduct Restrictions
-
Use the Services to send unsolicited commercial messages, spam, or communications that violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other law governing electronic communications;
-
Use the Services to store or transmit unlawful, infringing, defamatory, harassing, or fraudulent material;
-
Use the Services to violate the privacy rights of any person, including by collecting or recording information about individuals without required notice or consent;
-
Misrepresent your identity or affiliation, or use the Services to impersonate any person or entity;
-
Use the Services in violation of any applicable law, including pesticide application, structural pest control licensing, wood-destroying insect inspection, consumer protection, or advertising regulations.
6.3 Enforcement
We may investigate suspected violations and may suspend or restrict access to the Services, remove or disable content, or terminate the Agreement in accordance with Section 12. We may suspend immediately and without prior notice where we reasonably determine there is a security risk, an ongoing violation of law, a risk of material harm to PestCamp, other customers, or third parties, or a use that materially degrades the Services. We will notify you as promptly as reasonably practicable and will restore access once the cause is resolved.
Suspension under this Section does not relieve you of the obligation to pay fees for the suspended period, except where the suspension results from PestCamp's error.
7. Third-Party Services and Dependencies
7.1 Infrastructure and Sub-processors
The Services are built on third-party infrastructure and services, including hosting, content delivery, database, email delivery, and push notification providers. A current list of sub-processors is maintained at [SUBPROCESSOR LIST URL] and is governed by the DPA.
Your Customer Data is stored and processed on these third-party systems. While we contract with these providers for appropriate security, PestCamp is not responsible for outages, failures, data loss, security incidents, or changes in service caused by a third-party provider, except to the extent of PestCamp's obligations under the DPA and applicable law.
7.2 Integrations You Enable
If you connect a third-party service to the Services (for example, an email account, calendar, accounting system, or payment processor), you authorize us to exchange data with it as necessary for the integration to work. Your use of any third-party service is governed by that provider's terms and privacy policy, not this Agreement. We do not control third-party services, do not endorse them, and are not responsible for them. We may stop supporting any integration at any time.
7.3 Offline Operation
Portions of the Services may function while a device is offline and synchronize when connectivity returns. Offline functionality is provided for convenience and is not guaranteed. Data entered offline may be delayed, may conflict with concurrent changes made elsewhere, or may fail to synchronize. You should verify that offline-entered records have synchronized before relying on them. PestCamp is not liable for data that fails to synchronize, for conflict resolution outcomes, or for records lost because a device was reset, cleared, or lost before synchronizing.
7.4 Notifications and Electronic Communications
The Services may send web push notifications, email, and in-application messages. You consent to receive electronic communications from us relating to your account, the Services, security, and billing, and you agree that these satisfy any legal requirement that a communication be in writing.
Notification delivery is not guaranteed. Push notifications depend on browser vendors, operating systems, device settings, and network conditions outside our control, and may be delayed, deduplicated, suppressed, or not delivered at all. Do not rely on notifications for time-sensitive, safety-critical, or legally required communications.
You are responsible for the content of any message you send through the Services to an End Customer or other recipient, and for having a lawful basis to send it.
8. Beta, Preview, and Prototype Features
We may make features available that are labeled beta, preview, prototype, experimental, early access, or similar ("Beta Features"). Beta Features are provided "AS IS," without warranty or support of any kind, and are excluded from any service level commitment and from the indemnity in Section 11.1. They may be changed, restricted, or discontinued at any time without notice, and may never become generally available. Data created in a Beta Feature may be lost. Do not use Beta Features for production or business-critical purposes. Your use of a Beta Feature is entirely at your own risk.
9. Nature of the Services — Important Limitations
Read this Section carefully. It describes what the Services are not.
9.1 Not Professional Advice
PestCamp is a software company. The Services do not provide pest control, entomological, structural, engineering, legal, regulatory, financial, or professional advice of any kind. Pricing suggestions, catalog descriptions, treatment categories, inspection form fields, proposal templates, and service agreement templates are software features, not professional recommendations.
9.2 You Are the Licensed Professional
You are solely responsible for:
-
All pest control services, inspections, treatments, and diagnoses you perform;
-
Holding and maintaining all licenses, certifications, applicator credentials, bonds, and insurance required by federal, state, and local law;
-
The accuracy and completeness of every inspection record, finding, report, quote, proposal, and service agreement you produce;
-
Compliance with all pesticide labeling, application, notification, reporting, and record-retention requirements; and
-
The legal sufficiency of any contract or agreement you generate using the Services.
PestCamp does not review, verify, or approve any record you create. The Services do not track or warn about license or certification expirations, and you must not rely on them to do so.
9.3 Templates Are Not Legal Documents
Any proposal, service agreement, or contract template available in the Services is a formatting convenience only. It has not been drafted or reviewed for your jurisdiction, your business, or any particular transaction. Have your own attorney review any template before you use it with an End Customer. PestCamp disclaims all responsibility for the enforceability, sufficiency, or consequences of any document generated using the Services.
9.4 Not a Safety or Emergency System
The Services are not designed for use in any situation where failure, delay, or inaccuracy could lead to death, personal injury, or environmental or property damage. Do not use the Services as an emergency notification system, a safety monitoring system, or a control system for any hazardous material or equipment.
10. Warranties and Disclaimers
10.1 Mutual Warranties
Each party represents and warrants that it has the full corporate power and authority to enter into this Agreement and that this Agreement is executed by a duly authorized representative.
10.2 PestCamp's Limited Warranty
PestCamp warrants that during the Subscription Term the Services will perform materially in accordance with their then-current documentation. Your exclusive remedy, and PestCamp's entire liability, for breach of this warranty is for PestCamp to use commercially reasonable efforts to correct the non-conformity and, if PestCamp cannot do so within thirty (30) days after your written notice, to terminate the affected subscription and refund prepaid, unused fees for the remainder of the then-current term.
This warranty does not apply to problems caused by: Beta Features; your misuse, modification, or unauthorized combination of the Services; your equipment, network, browser, or devices; third-party services; or your failure to follow documentation.
10.3 DISCLAIMER
EXCEPT AS EXPRESSLY STATED IN SECTION 10.2, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PESTCAMP AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SYSTEM INTEGRATION, AND QUIET ENJOYMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
PESTCAMP DOES NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT DATA WILL NOT BE LOST, CORRUPTED, OR DELAYED; THAT NOTIFICATIONS OR MESSAGES WILL BE DELIVERED; OR THAT ANY RESULT, PRICE, QUOTE, RECORD, OR OUTPUT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF CUSTOMER DATA.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
11. Indemnification
11.1 PestCamp Will Defend You Against IP Claims
PestCamp will defend you against any third-party claim alleging that your permitted use of the Services infringes a United States patent, copyright, or trademark or misappropriates a trade secret, and will pay any damages finally awarded or amounts in a settlement PestCamp approves.
This obligation does not apply to claims arising from: Customer Data; Beta Features; your use of the Services in violation of this Agreement or applicable law; modification or combination of the Services with anything not supplied by PestCamp, where the claim would not have arisen but for that modification or combination; your continued use after PestCamp notifies you to stop; or any content, template, or output you create.
If the Services become, or PestCamp believes they may become, the subject of an infringement claim, PestCamp may at its option procure the right to continue use, modify or replace the Services so they are non-infringing, or terminate the affected subscription and refund prepaid, unused fees. This Section states PestCamp's entire liability and your exclusive remedy for intellectual property infringement.
11.2 You Will Defend PestCamp
You will defend, indemnify, and hold harmless PestCamp and its members, managers, officers, employees, contractors, and agents from and against any third-party claim, and any resulting damages, losses, liabilities, fines, penalties, settlements, and reasonable attorneys' fees, arising out of or relating to:
-
Customer Data, including any claim that it infringes rights or was collected, used, or disclosed unlawfully;
-
Your or any Authorized User's use of the Services in violation of this Agreement, the Acceptable Use Policy, or applicable law;
-
Any pest control service, inspection, treatment, diagnosis, report, quote, proposal, or agreement you provide or produce, including any claim of professional negligence, property damage, personal injury, misrepresentation, or breach of contract;
-
Any claim by an End Customer, employee, contractor, or Authorized User of yours relating to the Services or to data you processed through them;
-
Your failure to obtain any required consent or provide any required notice;
-
Any communication you send through the Services;
-
Your submission of Restricted Data under Section 4.6; and
-
Your violation of any pest control, pesticide, licensing, employment, telemarketing, or consumer protection law.
11.3 Procedure
The indemnified party will promptly notify the indemnifying party of the claim (a delay excuses the indemnifying party only to the extent it is prejudiced), give the indemnifying party sole control of the defense and settlement (except that no settlement imposing liability or admitting fault on the indemnified party may be made without its consent, which will not be unreasonably withheld), and provide reasonable cooperation at the indemnifying party's expense.
12. Limitation of Liability
READ THIS SECTION CAREFULLY. IT LIMITS PESTCAMP'S LIABILITY TO YOU.
12.1 No Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST OR CORRUPTED DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO PESTCAMP UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
If no fees have been paid (for example, during a free trial), PestCamp's total aggregate liability will not exceed one hundred United States dollars (US$100).
12.3 Exclusions from the Cap
The limitations in Sections 12.1 and 12.2 do not apply to: (a) your obligation to pay fees; (b) either party's indemnification obligations under Section 11; (c) your breach of Sections 4.6 (Restricted Data) or 6 (Acceptable Use and Restrictions); (d) either party's gross negligence, willful misconduct, or fraud; or (e) any liability that cannot be limited or excluded by applicable law.
12.4 Allocation of Risk
You acknowledge that the fees for the Services reflect this allocation of risk and the limitations in Sections 10 and 12, that these limitations are an essential basis of the bargain between the parties, and that PestCamp would not provide the Services on these terms without them. These limitations apply even if a limited remedy fails of its essential purpose.
12.5 Time Limit on Claims
Except for claims for non-payment, no claim arising out of or relating to this Agreement may be brought more than one (1) year after the cause of action accrues. Claims not brought within that period are permanently barred.
Some jurisdictions do not allow certain limitations of liability, so parts of this Section may not apply to you.
13. Term, Termination, and What Happens to Your Data
13.1 Term
This Agreement begins when you first accept it and continues until all subscriptions have expired or been terminated.
13.2 Termination for Convenience
You may cancel your subscription as described in the Subscription and Billing Terms. Cancellation stops future renewals; it does not entitle you to a refund of fees already paid except as stated in those terms.
PestCamp may terminate the Agreement for convenience on sixty (60) days' written notice, and will refund prepaid, unused fees for the terminated period.
13.3 Termination for Cause
Either party may terminate immediately on written notice if the other party materially breaches this Agreement and fails to cure the breach within thirty (30) days after written notice describing it, or if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to a bankruptcy or similar proceeding not dismissed within sixty (60) days.
PestCamp may terminate immediately, without a cure period, if you breach Section 4.6 or Section 6, if your use creates a security or legal risk to PestCamp or others, or if you fail to pay undisputed fees within thirty (30) days after they are due.
13.4 Effect of Termination
On termination or expiration: your and your Authorized Users' right to access the Services ends immediately; all fees accrued through the effective date become immediately due; and Sections 4.2, 4.6, 4.7, 4.8, 9, 10.3, 11, 12, 13.4, 13.5, 14, and 15 survive.
13.5 Data Export and Deletion
Export your data before you cancel. For thirty (30) days after termination or expiration, PestCamp will make Customer Data available for export through the Services' export functions, provided your account is not terminated for cause under Section 13.3 for breach of Section 4.6 or Section 6, and provided all undisputed fees are paid.
After that thirty (30) day period, PestCamp may permanently delete Customer Data, and will do so within ninety (90) days, subject to retention required by law, retention in routine backups that are cycled out on our normal schedule, and retention of aggregated and de-identified data. Deleted data cannot be recovered.
PestCamp has no obligation to retain Customer Data after the export period and is not liable for any deletion consistent with this Section. Data deleted by your own Administrators during the Subscription Term may be unrecoverable immediately.
14. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. IT CONTAINS AN OPT-OUT PROCEDURE IN SECTION 14.9.
14.1 Informal Resolution First
Before starting arbitration, the party with the dispute must send a written Notice of Dispute to the other party describing the dispute, the relief sought, and the basis for it. Send notices to PestCamp at [LEGAL NOTICE EMAIL] and [LEGAL NOTICE MAILING ADDRESS]. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice. Neither party may start arbitration before that period ends. This requirement does not bar either party from seeking injunctive relief under Section 14.5. The limitations period is tolled during this period.
14.2 Agreement to Arbitrate
Except as provided in Sections 14.5 and 14.6, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services — including its formation, interpretation, breach, termination, validity, or enforceability, and including claims in tort, statute, or equity — will be resolved exclusively by final and binding individual arbitration, not in court.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section. This Section survives termination of the Agreement.
14.3 Arbitration Rules and Location
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect when the demand is filed, as modified by this Section. The rules are available at adr.org.
-
One arbitrator, selected under AAA rules.
-
Seat and location: [CITY], Virginia, or, at the parties' mutual agreement, by videoconference or on documents only. If the amount in controversy is under US$25,000, the arbitration will be conducted on documents only unless the arbitrator determines a hearing is necessary.
-
Governing law: the substantive law of the Commonwealth of Virginia, without regard to its conflict of laws rules.
-
Authority: The arbitrator has exclusive authority to resolve all disputes, including any claim that all or part of this Section is void or voidable, except that a court has exclusive authority to decide the enforceability of Section 14.4 (Class Action Waiver).
-
Award: The arbitrator's award is final and binding, may be entered as a judgment in any court of competent jurisdiction, and must be in writing with a reasoned explanation if either party requests one. The arbitrator may award any relief available in court to the individual party, but may not award relief to or against anyone who is not a party.
14.4 CLASS ACTION AND JURY TRIAL WAIVER
YOU AND PESTCAMP EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION.
ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PARTY AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
If this Section 14.4 is found unenforceable as to any claim or any request for particular relief, then that claim or request must be severed and brought in a court of competent jurisdiction under Section 14.7, and the remaining claims must still be arbitrated.
14.5 Injunctive Relief for Intellectual Property and Confidentiality
Either party may bring an action in a court of competent jurisdiction seeking temporary or preliminary injunctive or equitable relief to protect its intellectual property, confidential information, or data security, without first complying with Sections 14.1 through 14.3 and without waiving any right to arbitrate the underlying dispute.
14.6 Small Claims
Either party may bring an individual claim in small claims court if it qualifies for that court's jurisdiction and remains there on an individual basis.
14.7 Court Proceedings Where Arbitration Does Not Apply
For any dispute not subject to arbitration, or to enforce an arbitration award, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY], Virginia, and waive any objection based on inconvenient forum or lack of personal jurisdiction.
14.8 Costs and Fees
Each party bears its own attorneys' fees and costs unless the arbitrator determines a claim or defense was frivolous or brought for an improper purpose, or unless a statute provides otherwise. AAA filing and administrative fees are allocated under AAA rules.
14.9 YOUR RIGHT TO OPT OUT OF ARBITRATION
You may opt out of Sections 14.2 through 14.4 by sending written notice within thirty (30) days after you first accept these Terms.
Send it to [LEGAL NOTICE EMAIL] with the subject line "Arbitration Opt-Out," and include your company name, the name and title of the person signing, your account identifier, and a clear statement that you are opting out of arbitration.
Opting out does not affect any other part of this Agreement, including Section 14.7, and will not affect your subscription, pricing, or level of service in any way. If you opt out, disputes will be resolved in the courts identified in Section 14.7.
15. General Provisions
15.1 Governing Law
This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The Uniform Computer Information Transactions Act ("UCITA"), as adopted in Virginia, does not apply to this Agreement, and the parties expressly opt out of it to the fullest extent permitted. [COUNSEL DECISION POINT — Virginia is one of the few states that adopted UCITA. As a Virginia licensor you may prefer UCITA to apply. Confirm this election with counsel before publishing; see the review checklist.]
15.2 Confidentiality
Each party may receive information the other designates as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). PestCamp's Confidential Information includes non-public aspects of the Services, pricing, and roadmap. Your Confidential Information includes Customer Data.
The receiving party will use the same degree of care it uses for its own confidential information (and no less than reasonable care), will not disclose Confidential Information except to personnel and advisors who need to know it and are bound by comparable obligations, and will use it only to perform under this Agreement. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was known without restriction before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information if legally compelled, after giving reasonable advance notice where lawful.
15.3 Publicity
Neither party may use the other's name, logo, or trademarks in any public announcement, customer list, case study, or marketing material without prior written consent. [ALTERNATIVE — if you want the right to list customers, replace with a standard logo-use provision. See review checklist.]
15.4 Force Majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, government action, epidemic, failure of the Internet or telecommunications networks, utility or power failure, cyberattack, or failure of a third-party hosting or infrastructure provider.
15.5 Assignment
You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without PestCamp's prior written consent, except that you may assign it in its entirety to a successor in a merger, acquisition, or sale of substantially all assets, on written notice to PestCamp, provided the successor is not a competitor of PestCamp and agrees in writing to be bound. Any other attempted assignment is void. PestCamp may assign this Agreement freely. This Agreement binds and benefits the parties' permitted successors and assigns.
15.6 Independent Contractors
The parties are independent contractors. This Agreement does not create a partnership, joint venture, franchise, employment, agency, or fiduciary relationship. Neither party may bind the other.
15.7 No Third-Party Beneficiaries
This Agreement is for the benefit of the parties only. No Authorized User, End Customer, or other third party has any right to enforce it.
15.8 Notices
Notices to PestCamp must be sent to [LEGAL NOTICE EMAIL] and, for notices under Sections 11, 13.3, and 14, also by certified mail or nationally recognized overnight courier to [LEGAL NOTICE MAILING ADDRESS]. Notices to you will be sent to the email address associated with your account's administrative contact and are deemed received when sent. You are responsible for keeping that address current.
15.9 Waiver and Severability
No failure or delay in exercising a right waives it, and no waiver is effective unless in writing. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions remain in full force — except as provided in Section 14.4.
15.10 Entire Agreement
This Agreement is the entire agreement between the parties concerning its subject matter and supersedes all prior and contemporaneous proposals, communications, and understandings, whether written or oral. Any purchase order, vendor portal terms, click-through terms, or other document you issue that contains terms additional to or different from this Agreement is rejected and has no effect, even if PestCamp accepts or does not object to it.
15.11 Export and Government Use
You will comply with all applicable export control and sanctions laws and will not make the Services available to any person or in any country subject to U.S. embargo or on any U.S. government restricted-party list. The Services are "commercial computer software" under FAR 12.212 and DFARS 227.7202; government users receive only the rights granted to all other users.
15.12 Headings and Interpretation
Headings are for convenience only. "Including" means "including without limitation." This Agreement will not be construed against the drafting party.
16. Contact
PestCamp LLC [MAILING ADDRESS] [CITY], Virginia [ZIP]
• General: [SUPPORT EMAIL]
• Legal notices: [LEGAL NOTICE EMAIL]
• Privacy: [PRIVACY EMAIL]
• Security: [SECURITY EMAIL]
