PestX Coach — Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you and PestX ("we", "us", "our") governing your use of the PestX Coach mobile application and any related web properties (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that your use does not violate any applicable law or regulation. The Service is intended for use by authorized employees and contractors of pest control companies — door-to-door sales representatives and their managers.
2. Accounts
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- Accounts are non-transferable. You may not share your login with others.
- You must notify us immediately at office@pestx.org if you suspect unauthorized access to your account.
- We reserve the right to suspend or terminate accounts that violate these Terms.
3. License to Use the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes as a sales representative or manager. You may not sublicense, resell, or otherwise transfer this license to any third party.
4. Prohibited Activities
You agree not to:
- Upload content you do not have the right to share, including recordings made without required consent
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Use automated tools, bots, or scrapers to access the Service
- Upload viruses, malware, or any code intended to disrupt or damage the Service
- Impersonate any person or entity or falsely represent your affiliation
- Use the Service to harass, threaten, or harm any individual
- Reverse-engineer, decompile, or disassemble the Service
- Use the Service to build a competing product
- Violate any applicable local, state, national, or international law
5. Recording Consent
You are solely responsible for ensuring that any audio recording you upload to the Service was made in compliance with all applicable laws, including wiretapping and eavesdropping statutes. Many U.S. states require the consent of all parties to a conversation before it may be recorded. By uploading a recording, you represent and warrant that you obtained all legally required consents. We are not liable for your failure to comply with recording laws.
6. Your Content
You retain ownership of all audio recordings, transcripts, and other content you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive license to store, process, and transmit Your Content solely to provide the Service to you. We do not claim ownership of Your Content.
You are responsible for ensuring Your Content does not violate any third-party rights or applicable law.
7. AI Processing
The Service uses AI models to generate coaching feedback from your call transcripts. By using the Service, you acknowledge that:
- Your transcripts are transmitted to Anthropic (Claude API) for analysis under an enterprise agreement that prohibits training use.
- Your data will not be used to train any AI foundation model.
- AI feedback is generated automatically and may not always be accurate. It is a coaching aid, not professional advice.
- Your data remains isolated from other customers' data at all times.
8. Manager Accounts
Manager accounts have elevated access within the Service, including the ability to:
- View recordings and performance data for reps on their team
- Add, edit, and remove content from the team knowledge base
- Send push notifications and broadcast messages to the team
- Post and manage team incentives
Managers are responsible for ensuring their use of these capabilities complies with applicable employment laws and their company's internal policies.
9. Intellectual Property
All rights, title, and interest in the Service — including the software, design, trademarks, and content we create — remain the exclusive property of PestX. These Terms do not grant you any rights to our intellectual property beyond the limited license described in Section 3.
10. Termination
Either party may terminate your access to the Service at any time. We may suspend or terminate your account immediately, without prior notice, if we determine that you have violated these Terms. Upon termination, your right to use the Service ceases immediately. You may request deletion of your data as described in our Privacy Policy.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER 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 THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PESTX AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless PestX and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) Your Content; or (d) your violation of any applicable law or third-party right.
14. Dispute Resolution
We encourage you to contact us first at office@pestx.org to resolve any dispute informally. If a dispute cannot be resolved informally within 30 days, both parties agree to submit to binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in Salt Lake County, Utah. You waive any right to participate in a class-action lawsuit or class-wide arbitration.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-law principles.
16. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. Material changes will be announced within the App.
17. Contact
For questions about these Terms:
PestX
611 W 7250 South, Midvale UT 84047
(801) 871-9233
office@pestx.org
Also see our Privacy Policy and Delete Account page.