Terms of Service

These Terms of Service (the “Terms”) are a legally binding agreement between you and Pestie, Inc. (“Pestie,” “we,” “us,” or “our”). These Terms govern your access to and use of our website at pestie.com (the “Site”), as well as your use of any products, subscriptions, software, tools, or services we make available (collectively, the “Services”).

The Services are intended for use only in the United States. By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Site or Services.

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.

You must be at least 18 years old to use the Services. By using the Site or Services, you represent and warrant that you are at least 18 years of age and have the authority to accept these Terms on your own behalf or on behalf of the entity you represent.

We may update these Terms from time to time. If we make material changes, we’ll notify you by posting the revised Terms on the Site and updating the “Last Updated” date. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes.

Use of Services and Site Content

Pestie grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal, non-commercial use, strictly as permitted by these Terms.

All content provided through the Site and Services — including, without limitation, text, graphics, videos, logos, images, instructional materials, product guides, and software (collectively, “Pestie Content”) — is the property of Pestie or its licensors and is protected by intellectual property and other applicable laws. Pestie Content may not be copied, reproduced, modified, distributed, sold, leased, publicly displayed, or otherwise exploited in any way without Pestie’s prior written permission.

You agree not to:

• Use the Site or Services for any unlawful, deceptive, or malicious purpose;
• Infringe the rights of others, including intellectual property, privacy, or publicity rights;
• Interfere with or attempt to gain unauthorized access to any part of the Site, Services, systems, or networks;
• Introduce any viruses, malware, or other harmful code;
• Reverse engineer or attempt to extract the source code of any part of the Services;
• Use any automated tools (such as bots, scrapers, or crawlers) to extract data from the Site without our written permission.

All rights not expressly granted to you in these Terms are reserved by Pestie and its licensors.

DIY Guidance and Product Use

Pestie provides educational materials, including treatment plans, application tips and tricks, safety tips, and general pest control guidance (collectively, “DIY Guidance”) to help you use our products effectively. These materials are for informational purposes only. Some content may be generated or assisted by automated systems, and while we strive for accuracy, such content may not be error-free or tailored to your specific situation.

You are solely responsible for safely handling and applying any pest control products provided through our Services. All products must be used strictly in accordance with:

• The instructions and labeling provided by the manufacturer;
• Applicable federal, state, and local laws and regulations;
• Any licensing or certification requirements that apply in your location.

By using Pestie’s products, you acknowledge and agree that:

• You understand and accept the risks associated with using pest control products;
• You will read and follow all safety directions and the product label in full before use;
• Pestie is not responsible for any injuries, property damage, regulatory violations, or ineffective results arising from misuse or failure to follow directions;
• Pestie makes no warranties beyond those, if any, provided by the product manufacturer.

In the United States, product labels approved by the Environmental Protection Agency (EPA) carry the force of law. You agree not to rely solely on Pestie’s DIY Guidance and acknowledge that the product label governs how each product must be used. You also agree to indemnify Pestie for any claims resulting from your failure to comply with applicable laws or label directions.

Some products may require special licensing, permits, or registration to purchase or apply in certain jurisdictions. It is your responsibility to ensure that any use of a product complies with all legal requirements in your area. Pestie reserves the right to cancel orders that cannot legally be fulfilled based on your shipping address or applicable restrictions.

Risk Acknowledgment

You acknowledge that pest control products involve inherent risks if used improperly, including but not limited to potential harm to people, pets, property, or the environment. By purchasing or using our products, you accept full responsibility for applying them safely and legally in accordance with all instructions and applicable regulations.

You understand that:

• Pestie is not responsible for any bodily injury, allergic reaction, illness, environmental harm, or property damage arising from the use or misuse of our products;
• Results may vary based on environmental conditions, infestation levels, treatment timing, and other factors outside Pestie’s control;
• You assume all risks associated with the use of any product purchased from Pestie.

Always read and follow all instructions, safety precautions, and the product label — which is a legally binding document under U.S. law. You agree not to rely solely on Pestie’s DIY Guidance and acknowledge that failure to follow label directions or safety practices may result in injury or ineffective treatment.

Prohibited Uses and Site Restrictions

You agree not to misuse the Site, Services, or any content made available by Pestie. In addition to the restrictions described elsewhere in these Terms, you agree not to:

• Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation;
• Infringe the intellectual property, privacy, or publicity rights of Pestie or any third party;
• Interfere with or disrupt the security, integrity, or performance of the Site, Services, or any associated systems or networks;
• Attempt to gain unauthorized access to any portion of the Site, Services, user accounts, or connected systems;
• Introduce viruses, malware, spyware, or other harmful or disruptive code;
• Use any automated tools (such as bots, crawlers, scrapers, or spiders) to access, extract, or index any part of the Site or Services without our prior written consent;
• Frame or mirror any part of the Site, or link to any internal page other than our homepage without written authorization;
• Collect, harvest, or attempt to harvest personal information from other users without consent;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Site or Services to transmit spam, solicitations, chain letters, or other unsolicited communications;
• Use the Services, Site, or any Pestie Content for any resale, commercial use, or unauthorized distribution;
• Engage in any activity that could subject Pestie or its partners to legal liability, reputational harm, or regulatory investigation.

Pestie reserves the right to investigate suspected violations and may suspend or permanently terminate your access to the Site or Services at any time, without notice, if we believe you have engaged in prohibited conduct. We also reserve the right to take legal action where appropriate.

Ordering, Subscription, and Shipping Terms

You may place a one-time order or enroll in a subscription through the Site. By placing an order, you agree to provide current, complete, and accurate information, and you authorize Pestie to charge your selected payment method for the applicable price, taxes, and shipping fees.

If you enroll in a subscription, you agree to recurring charges according to the schedule and pricing presented at checkout. Your subscription will continue automatically unless and until you cancel it. You may cancel at any time by logging into your account and visiting your subscription settings (if applicable), or by contacting us at hello@pestie.com.

Auto-Renewal Disclosure

By enrolling in a subscription plan, you authorize Pestie to charge your payment method on a recurring basis (e.g., per shipment or season) without further approval, until you cancel. Pestie will send a reminder before each charge, and a post-purchase confirmation email will be sent that includes the terms of your subscription and the renewal schedule.

All orders are subject to our acceptance and product availability. We reserve the right to reject or cancel any order at our sole discretion, including after confirmation, due to product availability, errors in pricing, or violations of these Terms.

Shipments are typically scheduled based on your geographic region and seasonal pest activity. Pestie may ship products in multiple packages depending on availability and fulfillment logistics. Shipping timelines are estimates and are not guaranteed.

Returns and Refunds

Pestie stands behind its products and wants you to be satisfied with your experience. If you're not happy with your order, please review our Return & Refund Policy, which is incorporated into these Terms by reference.

If your shipment arrives damaged or incomplete, please notify us within 7 days of delivery so we can resolve the issue promptly.

Some states may provide additional rights regarding product returns, warranties, or remedies for defective items. Nothing in this section is intended to limit those rights where they apply.

Disclaimers of Warranties

THE SITE, SERVICES, PRODUCTS, CONTENT, AND ANY DIY GUIDANCE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PESTIE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PESTIE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. PESTIE ALSO MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT, GUIDANCE, OR RESULTS PROVIDED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND THAT RESULTS MAY VARY BASED ON LOCATION, INFESTATION LEVEL, APPLICATION METHOD, WEATHER, AND OTHER ENVIRONMENTAL FACTORS. PESTIE DOES NOT GUARANTEE COMPLETE PEST ELIMINATION OR THAT ANY PRODUCT OR TREATMENT PLAN WILL BE EFFECTIVE FOR EVERY SITUATION.

PESTIE DOES NOT MANUFACTURE THE PRODUCTS AND MAKES NO WARRANTIES REGARDING THE PRODUCTS BEYOND THOSE, IF ANY, PROVIDED BY THE PRODUCT MANUFACTURER. ANY SUCH WARRANTIES, IF AVAILABLE, MUST BE PURSUED DIRECTLY WITH THE MANUFACTURER.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PESTIE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR PRODUCTS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL PESTIE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS EXCEED THE TOTAL AMOUNT YOU PAID TO PESTIE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THIS SECTION IS INTENDED TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW — INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Pestie, its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, demands, liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Site, Services, or products;
• Your violation of these Terms or any applicable law, rule, or regulation;
• Your breach of any representation, warranty, or obligation under these Terms;
• Any content or materials you submit or transmit through the Site;
• Any third-party claims or regulatory actions resulting from your failure to use the products in accordance with label instructions, laws, or local restrictions.

Pestie reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate with Pestie in asserting any available defenses.

This indemnity does not apply to the extent any claims arise out of Pestie’s own gross negligence, fraud, or willful misconduct.

This obligation survives the termination or expiration of these Terms and your use of the Site or Services.

Intellectual Property

All content and materials available through the Site and Services — including, without limitation, trademarks, logos, product guides, instructional tools, downloadable files, videos, text, graphics, software, and the overall design and layout of the Site (collectively, “Pestie Content”) — are owned by Pestie or its licensors and are protected by U.S. and international copyright, trademark, patent, and trade secret laws.

You may access and view Pestie Content solely for your personal, non-commercial use. Except as expressly authorized by these Terms, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, reverse engineer, create derivative works from, or exploit any part of the Site, Services, or Pestie Content without our prior written permission.

“Pestie,” our logo, and all related product and service names are trademarks or registered trademarks of Pestie or its affiliates. You may not use these marks without our express written consent.

Nothing in these Terms or your use of the Site or Services grants you any license or right to use Pestie’s intellectual property, whether by estoppel, implication, or otherwise, except as expressly permitted.

User Content

Certain areas of the Site or Services may allow you to submit or post content, including reviews, photos, testimonials, feedback, comments, or other materials (“User Content”). By submitting User Content, you grant Pestie a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, adapt, modify, publish, translate, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any format or media now known or later developed, for any purpose, including advertising, marketing, internal use, and product improvement.

This means, for example, Pestie may use your review in an online ad, repost your testimonial on social media, or incorporate your submission into future campaigns — without additional permission or compensation.

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to share the content and grant the license described above;
• Your content does not infringe or violate any third-party rights, including intellectual property, privacy, or publicity rights;
• Your content does not violate any applicable law;
• You waive any “moral rights” or rights of attribution to the extent permitted by law.

You acknowledge that your User Content may be publicly visible and may be used, shared, or republished by others outside of Pestie’s control. Pestie is not responsible for the content, accuracy, or use of any User Content submitted by others.

Pestie does not pre-screen or monitor User Content but reserves the right to review, remove, or restrict access to any User Content at any time, in our sole discretion. Pestie disclaims all liability for content posted by third parties, and under Section 230 of the Communications Decency Act, Pestie is not liable for user-submitted content on its platform.

Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive activity, or violated any applicable law or regulation. Termination may include removal of your access credentials, deletion of account-related data, and restriction of future access.

You may cancel your account or subscription at any time through your account settings or by contacting us directly at hello@pestie.com. Upon cancellation or termination, your right to access and use the Site and Services will immediately cease.

Termination does not affect any obligations or rights that have accrued up to that point, including payment obligations or obligations under indemnity, arbitration, limitations of liability, or intellectual property.

The following sections will survive termination: DIY Guidance and Product Use, Risk Acknowledgment, Disclaimers, Limitation of Liability, Indemnification, Intellectual Property, User Content, Dispute Resolution, and any other provisions which by their nature should survive termination.

Dispute Resolution and Arbitration Agreement

To resolve disputes efficiently and fairly, you and Pestie agree to the following process:

To the fullest extent permitted by law, you and Pestie agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or any product purchase will be resolved through final and binding arbitration — not in court — except that either party may bring an individual action in small claims court.

This agreement to arbitrate applies to all types of legal claims (whether based in contract, tort, statute, fraud, or any other theory) and to both you and Pestie, including our officers, employees, contractors, and affiliates.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. It will be conducted by a single arbitrator in Utah County, Utah, or by remote means if permitted. Each party will bear its own legal fees and costs unless the arbitrator decides otherwise.

CLASS ACTION WAIVER: To the maximum extent permitted by law, you and Pestie agree that all disputes must be brought only in an individual capacity. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

If any portion of this arbitration agreement is held to be unenforceable, the remaining provisions will remain in effect to the fullest extent possible.

Opt-Out Option: You may opt out of this arbitration agreement by mailing a written notice to the address below within 30 days of your first purchase or account creation. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration:

Pestie, Inc.
Attn: Arbitration Opt-Out
920 W. 14600 S., Suite 600
Bluffdale, UT 84065

Governing Law and Dispute Resolution

These Terms, and any dispute between you and Pestie that is not subject to arbitration, are governed by the laws of the State of Utah, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction and exclusive venue of the state and federal courts located in Utah County, Utah for the resolution of any such disputes.

Nothing in these Terms affects your rights under the laws of your state of residence where such rights cannot be waived by contract.

Before initiating any formal dispute, you agree to contact us at hello@pestie.com to try to resolve the issue informally. Most concerns can be resolved quickly without legal action.

Marketing Communications and Privacy

By using the Site or Services, you acknowledge that Pestie may send you transactional or promotional messages via email or SMS, subject to your preferences. You may opt out at any time as described in our Privacy Policy, which explains how we collect, use, and manage your information.

Miscellaneous

These Terms, along with our Privacy Policy and any policies or notices explicitly referenced herein, constitute the entire agreement between you and Pestie concerning your use of the Site and Services. They supersede any prior or contemporaneous agreements, communications, or understandings — whether written or oral.

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder of the Terms will remain in full force and effect.

Pestie’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it later.

You may not assign or transfer your rights under these Terms without our prior written consent. Pestie may assign these Terms freely, including to a successor in interest in a merger, acquisition, or sale of assets.

We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, labor disputes, natural disasters, internet outages, or governmental actions.

Nothing in these Terms shall limit any non-waivable consumer rights under applicable law.

Binding Agreement and Click-Wrap Consent

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS CONSTITUTE A LAWFUL AND ENFORCEABLE “CLICK-WRAP” AGREEMENT UNDER APPLICABLE LAW, INCLUDING THE U.S. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE (E-SIGN) ACT.

BEFORE SUBMITTING AN ORDER OR USING ANY SERVICES, THE SITE WILL PRESENT A PROMPT REQUIRING YOU TO AFFIRMATIVELY INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CHECKING A BOX. YOU WILL NOT BE ABLE TO COMPLETE YOUR PURCHASE OR USE THE SERVICES UNLESS YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS.

BY CHECKING THE BOX AND COMPLETING YOUR PURCHASE OR CREATING AN ACCOUNT, YOU ENTER INTO A LEGALLY BINDING CONTRACT WITH PESTIE, INC.

DMCA Notice

Pestie respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any content available on the Site infringes your copyright, you may submit a written notice to our designated agent as outlined below.

Your DMCA notice must include the following information:

• Your physical or electronic signature;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the material that is allegedly infringing and a description of its location on the Site;
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Please send your notice to:

DMCA Agent
Pestie, Inc.
hello@pestie.com
920 W. 14600 S., Suite 600
Bluffdale, UT 84065

Pestie reserves the right to remove any allegedly infringing content in accordance with applicable law and to terminate the accounts of repeat infringers as required by Section 512 of the DMCA.

Contact Information

If you have any questions about these Terms, the Site, or the Services, or if you need to contact us regarding your account, subscription, or any legal matters, you may reach us at:

Pestie, Inc.
Email: hello@pestie.com
Website: pestie.com

For legal notices, please send written correspondence to:

Pestie, Inc.
Attn: Legal Department
920 W. 14600 S., Suite 600
Bluffdale, UT 84065

We encourage you to contact us with any questions or concerns—our team is here to help.