Terms of Service for PestBase.ai

Last Updated: August 19, 2025

1. Agreement Overview

Welcome to PestBase (“we,” “us,” “our,” or “Company”). These Terms of Service (“Terms,” “Agreement”) govern your access to and use of the PestBase pest control business management platform, including our website (pestbase.ai), mobile applications, and related services (collectively, the “Services”).

Parties:

• Provider: PestBase, located at 19324 Palmview St, Orlando, Florida 32833, USA
• User: You, the individual or entity accessing or using our Services

Key Contact Information:

• Support: sales@sunbasedata.com | 1-888-678-6227
• Website: https://www.pestbase.ai

2. Acceptance of Terms

2.1 Agreement Formation

By accessing, downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2.2 Eligibility Requirements

Age and Capacity:

• You must be at least 18 years old to use our Services
• You must have the legal capacity to enter into binding agreements
• If under 18, you may only use Services with parental or guardian consent

Business Authority:

• If using Services on behalf of a business, you represent that you have authority to bind that organization
• You warrant that all information provided is accurate and current
• You agree to update information promptly when changes occur

2.3 Electronic Signatures and Records

You consent to receive agreements, notices, and disclosures electronically. Electronic records have the same legal force as paper documents. You may withdraw this consent by contacting us, though this may limit your ability to use certain Services.

3. Description of Services

3.1 Core Platform Features

PestBase provides cloud-based software solutions for pest control businesses, including:

Customer Relationship Management (CRM):

• Lead capture and management
• Customer contact databases
• Communication history tracking
• Follow-up automation and reminders

Scheduling and Dispatch:

• Appointment booking and management
• Technician assignment and routing
• Calendar integration and notifications
• Route optimization tools

Field Operations:

• Mobile technician applications
• Job tracking and status updates
• Photo and document capture
• Digital signature collection
• GPS tracking and check-in/out functionality

Business Management:

• Proposal and estimate generation
• Invoicing and payment processing
• Inventory management and tracking
• Reporting and analytics dashboards
• Employee management tools

Communications:

• Automated customer notifications
• SMS and email marketing campaigns
• Review and referral management
• Two-way messaging capabilities

3.2 Service Availability

Uptime Commitment:

• We target 99.5% uptime for our core Services
• Maintenance windows will be scheduled during off-peak hours when possible
• Emergency maintenance may occur without advance notice

Service Level Agreement (SLA):

• Planned maintenance notifications are provided 48 hours in advance
• Critical issue response within 4 business hours
• Non-critical issues addressed within 24 business hours

3.3 Service Modifications

We reserve the right to modify, enhance, or discontinue Services at our sole discretion. Material changes affecting core functionality will be communicated 30 days in advance when possible.

4. User Accounts and Security

4.1 Account Registration

Account Creation:

• Provide accurate, complete, and current information
• Maintain and update information as necessary
• Choose a unique username and secure password
• Verify email address and phone number as required

Account Types:

• Administrator accounts with full system access
• User accounts with defined permission levels
• Technician accounts with mobile app access
• View-only accounts for reporting and oversight

4.2 Account Security

Your Responsibilities:

• Maintain confidentiality of login credentials
• Notify us immediately of unauthorized access
• Use strong passwords and enable two-factor authentication
• Monitor account activity and report suspicious behavior
• Log out of shared or public computers

Our Security Measures:

• Industry-standard encryption for data transmission and storage
• Regular security audits and vulnerability assessments
• Multi-factor authentication options
• Session management and automatic timeouts
• Continuous monitoring for security threats

4.3 Account Suspension and Termination

We may suspend or terminate accounts for:

• Violation of these Terms or our policies
• Non-payment of fees or fraudulent payment methods
• Suspected fraudulent, abusive, or illegal activity
• Compromise of account security
• Extended periods of inactivity

5. Subscription Plans and Payment Terms

5.1 Subscription Plans

• Each plan includes specific feature sets and usage limits
• User limits, data storage, and support levels vary by plan
• Add-on features and services are available for additional fees

5.2 Billing and Payment

Payment Terms:

• Subscription fees are billed in advance
• Enterprise plans may have custom billing arrangements

Accepted Payment Methods:

• Major credit cards (Visa, MasterCard, American Express, Discover)
• ACH bank transfers (US accounts)
• Wire transfers for enterprise accounts
• PayPal and other electronic payment methods

Automatic Renewal:

• Subscriptions automatically renew for the same billing period
• Renewal charges occur on your subscription anniversary date
• You may cancel renewal at any time before the next billing cycle
• Cancellation must be completed at least 24 hours before renewal

5.3 Fee Changes and Taxes

Price Modifications:

• Subscription fees may change with 30 days' advance notice
• Existing subscriptions maintain current pricing until renewal

Taxes and Additional Fees:

• All fees are exclusive of applicable taxes
• You are responsible for all taxes, duties, and governmental charges
• Processing fees may apply to certain payment methods
• Currency conversion fees may apply to international payments

6. User Conduct and Acceptable Use

6.1 Permitted Uses

You may use our Services solely for:

• Managing your legitimate pest control business operations
• Storing and processing customer information related to pest control services
• Communicating with customers about pest control services
• Training employees on pest control business management
• Other lawful business purposes consistent with our intended use

6.2 Prohibited Activities

Illegal Activities:

• Violating any applicable laws, regulations, or ordinances
• Engaging in fraudulent, deceptive, or misleading practices
• Harassment, threats, or intimidation of individuals
• Distribution of information on illegal or controlled substances information

System Abuse:

• Attempting to gain unauthorized access to our systems or other accounts
• Reverse engineering, decompiling, or disassembling our software
• Introducing viruses, malware, or other harmful code
• Overloading our systems with excessive requests or traffic
• Using automated scripts or bots without permission

Content Violations:

• Uploading illegal, defamatory, or inappropriate content
• Sharing copyrighted materials without authorization
• Distributing spam or unsolicited communications
• Posting content that violates the privacy rights of others

Business Misuse:

• Using Services for non-pest control business purposes
• Reselling or redistributing Services without authorization
• Creating multiple accounts to circumvent usage limits
• Sharing account credentials with unauthorized parties

6.3 Content Standards

User-Generated Content:

All content you upload, create, or share through our Services must:

• Be accurate and truthful to the best of your knowledge
• Comply with applicable industry regulations and standards
• Respect the intellectual property rights of others
• Maintain professional standards appropriate for business communications

Prohibited Content:

• Illegal, harmful, or dangerous content
• Discriminatory or hate speech
• Adult content or sexually explicit materials
• Personal information of individuals without consent
• Confidential information belonging to third parties

7. Intellectual Property Rights

7.1 PestBase Intellectual Property

Our Rights:

• PestBase owns all rights, title, and interest in our Services
• This includes software, trademarks, logos, and proprietary technology
• Our content, documentation, and training materials are protected by copyright
• Trade secrets and know-how remain our confidential information

Limited License Grant:

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our Services according to these Terms
• Use our software solely for your internal business purposes
• Access documentation and training materials for legitimate use
• Display our trademarks solely in connection with authorized use of Services

License Restrictions:

You may not:

• Modify, adapt, or create derivative works from our Services
• Remove or alter proprietary notices or labels
• Use our intellectual property for competitive purposes
• Grant sublicenses or transfers rights to third parties

7.2 User Content and Data

Your Content Ownership:

• You retain ownership of all data and content you upload to our Services
• This includes customer information, business data, photos, and documents
• You are responsible for ensuring you have right to upload and use content

License to PestBase:

You grant us a limited license to:

• Store, process, and transmit your content to provide Services
• Create backups and ensure data redundancy and security
• Process content for analytics and service improvements (in aggregated, anonymized form)
• Use content for customer support and troubleshooting purposes

Content Responsibility:

• You warrant that your content does not violate any laws or third-party rights
• You are solely responsible for the accuracy and legality of your content
• You agree to defend and indemnify us against claims arising from your content

7.3 Feedback and Suggestions

Any feedback, suggestions, or improvements you provide become our property and may be used without compensation or attribution. This helps us continually improve our Services for all users.

8. Data Protection and Privacy

8.1 Data Processing Roles

PestBase as Data Controller: For account management, billing, platform analytics, and marketing communications, PestBase acts as a data controller with independent decision-making authority.

PestBase as Data Processor: For customer data you input into our platform (contact information, service records, etc.), PestBase acts as a data processor following your instructions and applicable data protection agreements.

8.2 Data Protection Obligations

Your Obligations:

• Ensure lawful basis for collecting and processing customer data
• Provide appropriate privacy notices to your customers
• Obtain necessary consents for data collection and processing
• Respond to customer data subject requests (access, deletion, etc.)
• Maintain security of your account and access credentials

Our Obligations:

• Process data only according to your documented instructions
• Implement appropriate technical and organizational security measures
• Assist with data subject requests and regulatory compliance
• Notify you of data breaches affecting your customer data
• Return or delete data upon termination of Services

8.3 International Data Transfers

Your data may be processed in the United States and other countries where we or our service providers operate. We implement safeguards, including:

• Standard Contractual Clauses for GDPR compliance
• Security measures exceeding local requirements
• Regular monitoring of data transfer mechanisms
• Compliance with applicable international privacy frameworks

8.4 Data Retention and Deletion

Active Account Data:

• Retained while your account is active and subscription is current
• Regular backups maintained for data protection and disaster recovery

Post-Termination:

• Account data retained for 90 days after termination to facilitate reactivation
• Customer data deleted or returned according to your instructions
• Legal and financial records retained as required by applicable law (typically 7 years)
• Anonymous analytics data may be retained indefinitely

9. Third-Party Integrations and Services

9.1 Authorized Integrations

Our Services may integrate with third-party applications and services such as:

• Payment processors (Stripe, PayPal, Square)
• Communication platforms (Twilio, SendGrid)
• Mapping services (Google Maps, Apple Maps)
• Accounting software (QuickBooks, Xero)
• Marketing platforms (Mailchimp, Facebook Ads)

9.2 Third-Party Terms

Separate Agreements:

• Your use of third-party integrations is governed by their separate terms and privacy policies
• We are not responsible for the functionality, availability, or data practices of third-party services
• You must comply with all applicable third-party terms and obtain necessary licenses

Integration Risks:

• Third-party service interruptions may affect integrated functionality
• Data shared with third parties is subject to their privacy practices
• We cannot guarantee the security or reliability of third-party services

9.3 API and Developer Access

API Usage:

• API access is subject to rate limits and usage restrictions
• Developer accounts require separate registration and approval
• API keys and credentials must be kept secure and confidential

Custom Integrations:

• Custom integrations may require separate agreements
• Professional services fees may apply for complex integrations
• We reserve the right to review and approve third-party integrations

10. Limitation of Liability and Disclaimers

10.1 Service Disclaimers

“AS IS” BASIS: Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.

No Professional Advice: Our Services provide business management tools but do not constitute professional advice regarding:

• Pest control techniques, chemicals, or safety procedures
• Legal, regulatory, or compliance requirements
• Business strategy, financial planning, or operational decisions
• Technical specifications or industry standards

10.2 Limitation of Liability

• Liability Cap: Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.
• Excluded Damages: No liability for indirect, incidental, special, consequential, or punitive damages, or losses from unauthorized access, third-party actions, or business interruptions.
• Exceptions: Nothing limits liability for death, personal injury, fraud, gross negligence, or violations of law that cannot be limited.

10.3 Force Majeure

We are not liable for delays, failures, or damages caused by events beyond our reasonable control, including natural disasters, wars, cyberattacks, power outages, and labor strikes.

11. Indemnification

11.1 Your Obligations

You agree to defend, indemnify, and hold harmless PestBase against claims arising from:

• Your content or data
• Use or misuse of Services
• Third-party claims related to your business operations

11.2 PestBase Obligations

We will defend you against valid third-party IP claims, provided you notify us promptly and allow us control of defense.

Remedies: If infringement is found, we may:

• Obtain rights for continued use
• Modify Services
• Replace with alternatives
• Terminate affected Services and refund fees

12. Termination

12.1 Termination by You

• Cancel anytime through account settings
• Effective at end of billing period
• No refunds for monthly plans; annual may receive pro-rata refunds
• Data export available for 30 days after termination

12.2 Termination by PestBase

Grounds include breach of Terms, non-payment, fraud, security threats, or illegal activities.

12.3 Effect of Termination

• Data export for 30 days
• Deletion according to retention policies
• Certain records retained for compliance
• Payment obligations, IP rights, liability limits, and confidentiality survive termination

13. Governing Law and Dispute Resolution

• Governing Law: Florida, U.S.A.
• Jurisdiction: Exclusive to Orange County, Florida courts
• Dispute Process:
• 
  
• Informal resolution → mediation → binding arbitration (AAA Rules)
• Exceptions: IP injunctions, small claims, data breach claims
• Class Action Waiver: All disputes must be individual, not class/collective actions.

14. General Provisions

• Entire Agreement: Terms + Privacy Policy + Additional Agreements
• Modifications: Minor changes effective immediately; material changes after 30 days notice
• Severability: Invalid provisions modified minimally
• Waiver: Must be written and signed
• Assignment: User cannot assign without consent; PestBase may assign during mergers/acquisitions
• Relationship: Independent contractor status
• Electronic Communications: Consent to receive via email, app, website, or SMS
• Export Compliance: Must comply with U.S. export laws
• Language: English controls over translations

15. Contact Information

• Support: sales@sunbasedata.com | 1-888-678-6227 |