Terms of Service

Your Rights, Our Responsibilities

These terms outline how our site, tools, and monitoring services work and what we each agree to when you use them.

Book an InspectionText UsCall Us

1. Agreement to Terms

Welcome to PESTalytix.com (the “Site”), operated by PESTALYTIX, LLC, a Massachusetts limited liability company (“PESTalytix,” “we,” “us,” or “our”). By accessing or using the Site, including any content, features, tools, or services offered on or through the Site (collectively, the “Services”), you (“you” or “User”) agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, you must not access or use the Site or Services.

We reserve the right to modify these Terms at any time. Changes become effective when posted to the Site with an updated “Last Updated” date. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

PESTalytix provides technology-driven pest management services in Worcester County, Massachusetts, including but not limited to:

  • Residential and commercial pest inspection, treatment, and prevention services
  • Digital pest monitoring using Internet of Things (IoT) sensor systems deployed at customer properties
  • Pest activity reporting, data analysis, and predictive analytics
  • An AI-powered informational tool (“Ask PEST AI”) accessible through the Site
  • Educational content and pest management guidance through our Knowledge Center

Certain Services, including pest treatments, monitoring subscriptions, and inspections, require a separate service agreement, work order, or subscription enrollment and may be subject to additional terms.

3. Eligibility

You must be at least 18 years of age and capable of forming a binding contract under Massachusetts law to use the Site and Services. By using the Site, you represent and warrant that you meet these requirements.

4. User Accounts and Communications

4a. Contact Forms and Inquiries

When you submit a contact form, request an inspection, or otherwise provide information through the Site, you agree to provide accurate, current, and complete information.

4b. Transactional Communications

By submitting a request through the Site, you consent to receiving transactional and service-related communications from PESTalytix — including responses to your inquiries, appointment scheduling and confirmations, service updates, inspection reports, and account notifications — via phone, email, or text message at the contact information you provide.

4c. Marketing and Promotional Communications

Marketing or promotional messages will be sent only where you have separately opted in through a clearly identified consent mechanism (e.g., a checkbox on a form or a keyword opt-in via SMS). You may opt out of marketing messages at any time by replying STOP to any text message, clicking “unsubscribe” in any email, or contacting us directly. Opting out of marketing communications does not affect transactional messages related to active services. Our SMS practices are further described in the SMS Messaging Policy section of our Privacy Policy.

4d. Customer Portal

If you are provided access to our Customer Portal, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Ask PEST AI — Terms of Use

5a. Nature of the Tool

Ask PEST AI is an informational tool designed to help users identify common pest concerns and learn about general pest management topics. It is powered by third-party artificial intelligence technology and generates responses based on patterns in training data and information we have provided.

5b. Not Professional Advice

Ask PEST AI does not provide:

  • Medical advice or diagnosis
  • Legal advice
  • Emergency guidance
  • Guaranteed pest identification or treatment recommendations specific to your property

Responses generated by Ask PEST AI are for general informational purposes only and should not be relied upon as a substitute for a professional inspection or consultation. Pest identification and treatment recommendations require physical assessment of the property by a licensed technician.

5c. Limitations and Disclaimer

AI-generated responses may contain errors, omissions, outdated information, or generalizations that do not apply to your specific situation. PESTalytix does not warrant the accuracy, completeness, or reliability of any information provided by Ask PEST AI.

You acknowledge and agree that:

  • You use Ask PEST AI at your own risk
  • PESTalytix is not liable for any actions you take or fail to take based on information from Ask PEST AI
  • For urgent pest issues, pesticide exposure, or health concerns, you should contact a licensed pest management professional, medical professional, or Poison Control (1-800-222-1222) directly

5d. Data Collection

Information you enter into Ask PEST AI is collected, stored, and processed as described in our Privacy Policy. Do not submit sensitive personal information (Social Security numbers, payment card details, medical records, or government identifiers) through the chat.

6. Digital Pest Monitoring Services

6a. Applicability

This section applies to customers who subscribe to PESTalytix digital pest monitoring services, including but not limited to our residential and commercial IoT sensor monitoring programs.

6b. Equipment Ownership and Access

All IoT sensors, monitoring devices, and related hardware (“Monitoring Equipment”) deployed at your property remain the exclusive property of PESTalytix, LLC at all times. You agree to:

  • Allow reasonable access to the property for installation, maintenance, inspection, and retrieval of Monitoring Equipment
  • Not tamper with, relocate, modify, disassemble, or reverse-engineer any Monitoring Equipment
  • Notify PESTalytix promptly of any damage to, malfunction of, or interference with Monitoring Equipment
  • Return or permit retrieval of all Monitoring Equipment upon cancellation or termination of monitoring services

You may be responsible for the replacement cost of Monitoring Equipment that is lost, stolen, or damaged due to negligence, misuse, or unauthorized modification while deployed at your property.

6c. Data and Reporting

Monitoring data is collected, transmitted, and stored as described in our Privacy Policy. Reports generated from sensor data represent automated analysis of device activity patterns and environmental conditions. These reports:

  • Are intended to supplement, not replace, professional inspections conducted by a licensed technician
  • Do not constitute a guarantee that all pest activity has been detected or that your property is free from pest infestation
  • May be affected by device placement, environmental factors, interference, connectivity issues, or equipment malfunction

6d. Not a Life-Safety or Security System

Digital pest monitoring is not a life-safety, fire detection, security alarm, or emergency notification system. You agree not to rely on Monitoring Equipment or pest monitoring services for any life-safety, security, or emergency purpose. In the event of a health or safety emergency, contact 911 or the appropriate emergency service directly.

6e. Installation Methods

Installation of Monitoring Equipment may require minor, non-structural modifications to the property, including but not limited to adhesive mounting, anchoring, drilling small pilot holes, or placement of devices in crawl spaces, attics, basements, or exterior perimeters. By authorizing installation, you consent to reasonable installation methods as determined by the technician. If specific installation concerns exist (e.g., historic properties, rental restrictions), please notify us before installation so we can accommodate your requirements. Specific installation details and any restoration expectations may also be addressed in your individual service agreement or work order.

6f. Service Limitations

Digital pest monitoring is a supplemental detection tool. PESTalytix does not warrant that the monitoring system will detect all pest activity, prevent pest damage, or provide uninterrupted service. Factors outside our control — including but not limited to power outages, internet connectivity, extreme weather, building modifications, and third-party interference — may affect system performance.

6g. Cancellation

Monitoring subscriptions may be cancelled in accordance with the terms of your individual service agreement. Upon cancellation, PESTalytix will coordinate retrieval of Monitoring Equipment at a mutually agreed-upon time. Data retention following cancellation is governed by the Data Retention section of our Privacy Policy.

7. Intellectual Property

7a. Our Content

All content on the Site — including but not limited to text, graphics, logos, images, photographs, data compilations, software, the PESTalytix name and logo, and the design and arrangement of the Site — is the property of PESTalytix, LLC or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.

7b. Proprietary Systems and Methodologies

Our digital monitoring systems, data analysis methodologies, predictive analytics models, reporting frameworks, and related technology (including but not limited to systems marketed under the name “RodentRX”) constitute proprietary intellectual property of PESTalytix, LLC. You agree not to copy, reverse-engineer, decompile, or attempt to derive the methods, algorithms, or processes underlying our technology or services.

7c. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes (or for legitimate business purposes if you are a commercial customer). You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Site without our prior written consent.

7d. Your Content

By submitting content to the Site (including through contact forms, Ask PEST AI, reviews, or other interactive features), you grant PESTalytix a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content for the purposes of operating and improving our Services. We will not use identifiable content submitted through contact forms or Ask PEST AI for promotional purposes without your explicit permission; however, we may use anonymized or aggregated data derived from submissions to improve our tools and services.

To the extent any content you submit includes personal information, our collection and use of that personal information is governed by our Privacy Policy, not this license grant.

You represent that you own or have the right to submit any content you provide.

8. Prohibited Uses

You agree not to use the Site or Services to:

  • Violate any applicable federal, state, or local law or regulation
  • Submit false, misleading, or fraudulent information
  • Attempt to gain unauthorized access to the Site, other user accounts, or our systems
  • Interfere with or disrupt the operation of the Site or any servers or networks connected to the Site
  • Use any automated system (including bots, scrapers, or spiders) to access the Site for any purpose without our express written permission
  • Use Ask PEST AI or any other feature for the commercial purpose of developing, marketing, or operating pest management services not provided by PESTalytix (“Competing Services”)
  • Attempt to reverse-engineer, probe, or test the vulnerabilities of our systems or technology

We reserve the right to terminate or restrict your access to the Site at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties.

9. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources (including our Customer Portal hosted by a third-party provider). These links are provided for convenience only. PESTalytix does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites or services. Your interactions with third-party sites are governed by their respective terms and policies.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by Massachusetts law, PESTalytix disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

  • The Site or Services will be uninterrupted, secure, or error-free
  • The results obtained from the use of the Site or Services (including Ask PEST AI and digital monitoring) will be accurate, reliable, or complete
  • Any defects in the Site will be corrected
  • Digital monitoring systems will detect all pest activity or prevent pest-related damage

No information or advice obtained through the Site, Ask PEST AI, or any other Service creates any warranty not expressly stated in these Terms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PESTALYTIX, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

  • Property damage or pest-related losses allegedly resulting from monitoring system failures, missed detections, or inaccurate reports
  • Reliance on information provided by Ask PEST AI or the Knowledge Center
  • Loss of data, revenue, profits, or business opportunities
  • Unauthorized access to or alteration of your data or transmissions
  • Any actions taken or not taken based on communications received through the Site

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PESTALYTIX, LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

These limitations apply regardless of the legal theory on which the claim is based, including negligence, breach of contract, strict liability, or any other basis, even if PESTalytix has been advised of the possibility of such damages.

Exceptions. The limitations and exclusions in this section do not apply to: (a) liability arising from the gross negligence or willful misconduct of PESTalytix, LLC; (b) liability that cannot be excluded or limited under applicable law, including but not limited to rights and remedies available under Massachusetts General Laws Chapter 93A; or (c) obligations arising under Sections 12 (Indemnification) of these Terms.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless PESTalytix, LLC, its members, managers, employees, agents, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Site or Services
  • Your violation of these Terms
  • Your violation of any applicable law or the rights of any third party
  • Any content you submit through the Site
  • Any misuse of Monitoring Equipment deployed at your property

13. Dispute Resolution

13a. Governing Law

These Terms and any disputes arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

13b. Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for a period of at least thirty (30) days.

13c. Jurisdiction and Venue

If informal resolution is unsuccessful, any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Worcester County, Massachusetts. You consent to the personal jurisdiction and venue of such courts.

13d. Waiver of Class Action

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Termination

We may terminate or suspend your access to the Site or Services, in whole or in part, at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site ceases immediately. Provisions of these Terms that by their nature should survive termination — including but not limited to Sections 7 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 19 (No Waiver) — shall survive.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16. Electronic Notices

You consent to receiving communications from PESTalytix electronically, including via email, text message, or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. We may provide notice of changes to these Terms or other legal notices by posting them on the Site with an updated effective date.

17. Force Majeure

PESTalytix shall not be liable for any delay or failure to perform any obligation under these Terms (including interruptions to digital monitoring services, the Site, or Ask PEST AI) where such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, severe weather, pandemic or epidemic, fire, flood, war, terrorism, civil unrest, government action, power outages, internet or telecommunications failures, third-party service provider outages, or cyberattacks.

18. Assignment

PESTalytix may assign or transfer these Terms, or any rights or obligations hereunder, in whole or in part, at any time without notice, including in connection with a merger, acquisition, sale of assets, or restructuring. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

19. No Waiver

The failure of PESTalytix to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of PESTalytix, LLC.

20. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements you may enter into with PESTalytix, constitute the entire agreement between you and PESTalytix, LLC regarding your use of the Site and Services. These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the Site.

21. Contact Us

If you have questions about these Terms of Service, please contact us:

PESTALYTIX, LLC
32 John Dee Rd, Sterling, MA 01564

Email Us
Phone: (888) 487-0806