WING 8 PEST SERVICES

Effective Date: January 20, 2026
Official Version: https://wing8pest.com/terms-conditions/

1. DEFINITIONS

1.1 Company

“Company” means WING 8 Pest Services, including its owners, officers, employees, contractors, affiliates, agents, successors, and assigns.

1.2 Customer

“Customer” means any person or entity that purchases, authorizes, requests, schedules, approves, or receives Services, including property owners, occupants, tenants, agents, or representatives acting on their behalf.

1.3 Services

“Services” means all pest control, inspections, monitoring, remediation, exclusion work, sanitation, subscriptions, equipment deployment, installation, maintenance, and any related or ancillary services provided by Company, as described in the applicable estimate, service agreement, or work order.

1.4 Agreement

“Agreement” means these Terms & Conditions, together with any estimate, service agreement, invoice, work order, authorization, or other document issued by Company and accepted by Customer.

1.5 Company Equipment

“Company Equipment” means all monitoring devices, electronic equipment, sensors, stations, traps, bait systems, termite systems, rodent systems, and any related materials, components, or hardware deployed or installed by Company, as further defined in Section 11.

1.6 Pre-Existing Systems

“Pre-Existing Systems” means any pest control devices, systems, materials, or treatments installed or applied by third parties or prior service providers before Company performs Services.

1.7 Business Hours

“Business Hours” means Monday through Friday, 8:00 AM to 6:00 PM Central Time (CT), excluding Company-observed holidays. All times referenced in this Agreement are Central Time (CT).

1.8 Business Day

“Business Day” means any day other than Saturday, Sunday, or Company-observed holidays during which Business Hours occur.

1.9 Full Business Day

“Full Business Day” means one entire Business Day occurring before the scheduled service window start time.

1.10 Client Hub

“Client Hub” means Company’s designated online customer portal used for scheduling, communication, approvals, account management, and submission of Written Notice. The Client Hub is the primary method for Customer submissions where required by this Agreement.

If the Client Hub is unavailable, Company may designate an alternative written communication method. Company’s designation of an alternative method must be expressly communicated by Company. Customer may not substitute alternative communication methods without Company authorization.

1.11 Property

“Property” means the service location, structure, land, or premises where Services are performed, including all buildings, improvements, structures, and surrounding areas, and any areas listed in the estimate, service agreement, or reasonably necessary for Company to perform Services.

1.12 Service Window

“Service Window” means the estimated time range during which Company may perform Services. Service Windows are not guaranteed appointment times.

1.13 Written Notice

“Written Notice” means communication submitted through the Client Hub or delivered via certified U.S. Mail, unless otherwise expressly stated in this Agreement.

Electronic communications from Company constitute Written Notice where permitted by this Agreement, including where this Agreement authorizes electronic notice through the Client Hub, email, or SMS.

Customer communications shall only constitute Written Notice if submitted in strict compliance with this definition. No other form of communication constitutes Written Notice unless expressly authorized by this Agreement.

These requirements are intended to ensure clear, documented, and verifiable communication between Customer and Company.

1.14 Access

“Access” means the ability for Company to safely and reasonably enter, move within, and perform Services at the Property without obstruction, restriction, delay, partial access, or hazard.

1.15 Authority

“Authority” means the legal ability to bind the Customer to this Agreement. Any person requesting, scheduling, approving, or permitting Services at the Property represents and warrants they have Authority to do so.

Customer agrees Company may rely on the apparent authority of any person present at the Property or using Customer’s contact information to request or approve Services.

Customer assumes responsibility for any person granted access to the Property or Customer’s account or contact information, to the fullest extent permitted by applicable law.

1.16 Multiple Customers

If more than one person or entity qualifies as Customer, each is jointly and severally liable for all obligations under this Agreement, to the fullest extent permitted by applicable law.

1.17 Electronic Communications

“Electronic Communications” means any communication transmitted via the Client Hub, email, SMS, automated system, artificial intelligence (AI), chatbot, or similar technology.

Customer consents to receive Electronic Communications from Company and agrees that providing contact information constitutes consent to receive such communications.

Customer is responsible for maintaining accurate contact information.

Electronic Communications do not constitute Written Notice from Customer unless expressly permitted by this Agreement.

1.18 AI and Automated Systems

“AI Systems” means automated systems, artificial intelligence, chatbots, or virtual assistants used by Company to receive or respond to communications.

AI Systems do not have authority to bind Company.

Communications with AI Systems do not constitute notice, approval, cancellation, authorization, or modification of this Agreement.

1.19 Employee Confirmation

“Employee Confirmation” means written or electronically documented acknowledgment by an authorized employee of Company.

Verbal statements or informal communications, including statements made by technicians or field personnel, do not constitute Employee Confirmation.

Company may determine, in its reasonable discretion, which employees are authorized for purposes of Employee Confirmation.

Where this Agreement requires acknowledgment, approval, or confirmation by Company, such action is not effective unless Employee Confirmation is provided.

1.20 Receipt of Notice

Written Notice submitted outside Business Hours is deemed received at the start of the next Business Day, regardless of the time sent, delivered, or received.

1.21 Company-Observed Holidays

“Company-observed holidays” means holidays determined by Company and published or communicated in advance where reasonably practicable.

1.22 No Reliance on Informal Communications

Customer acknowledges that only communications made in compliance with this Agreement are intended to be binding on Company.

1.23 Email and Message Replies

Customer acknowledges that replying to emails, invoices, estimates, or other communications from Company does not constitute Written Notice, cancellation, rescheduling, or any binding request under this Agreement.

Company may, in its discretion, respond to such communications for customer service purposes; however, any response does not:

• Constitute acceptance of such communication as valid notice
• Modify the notice requirements of this Agreement
• Create any obligation for Company to treat such communication as compliant

Company does not guarantee that email or message replies will be monitored, reviewed, or acted upon for purposes of processing requests.

Prior responses to non-compliant communications do not waive Company’s right to require strict compliance with the Written Notice requirements of this Agreement.

1.24 Interpretation

Words in the singular include the plural and vice versa. References to any gender include all genders.

1.25 Including

The term “including” means “including without limitation.”

1.26 Application of Definitions

These definitions apply throughout this Agreement unless otherwise expressly stated.

1.27 Order of Precedence

In the event of a conflict between this Agreement and any estimate, invoice, or other document, these Terms & Conditions shall control unless expressly stated otherwise in writing by Company.

1.28 Headings

Section headings are for convenience only and do not affect interpretation.

1.29 No Waiver

Company’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to enforce such provision in the future.

1.30 Reasonable Opportunity to Comply

Customer acknowledges that the notice and communication requirements in this Agreement are reasonable and designed to ensure accurate processing of requests and are consistent with standard business practices for service scheduling and documentation.

Company may, in its discretion, notify Customer if a communication does not comply with the requirements of this Agreement; however, Company has no obligation to do so.

Failure by Company to notify Customer of a non-compliant communication does not waive the requirement for strict compliance.

1.31 Customer Responsibility

Customer is responsible for following the communication and notice procedures set forth in this Agreement. Failure to follow such procedures may result in delays or inability to process requests.

2. ACCEPTANCE OF AGREEMENT

2.1 Binding Agreement

By signing an estimate, approving services, submitting payment, enrolling in recurring service, requesting or scheduling service, or permitting service to be performed, Customer agrees to be bound by this Agreement.

Customer’s acceptance may be evidenced by written, electronic, or conduct-based actions, including but not limited to use of the Client Hub, email confirmations, payment authorization, or allowing Company to perform Services at the Property.

2.2 Electronic Acceptance and Consent

Customer agrees that electronic approvals, digital signatures, online submissions, stored payment authorizations, and other electronic actions constitute valid and binding acceptance of this Agreement.

Customer agrees that this Agreement and any related records satisfy any legal requirement that an agreement be in writing.

2.3 Continued Use as Acceptance

Customer’s continued use of Services, failure to cancel in accordance with this Agreement, or continued access to Company’s services or systems constitutes ongoing acceptance of this Agreement and any updates made in accordance with its terms.

2.4 Authority to Bind

Customer represents and warrants that any person who accepts, approves, schedules, or authorizes Services has Authority to bind the Customer under this Agreement, as defined in Section 1.

Customer acknowledges that Company may rely on such authorization to perform Services and enforce this Agreement.

2.5 Acceptance by Performance

If Company performs Services at the Property at Customer’s request, or with Customer’s knowledge and without objection, Customer is deemed to have accepted this Agreement.

2.6 Opportunity to Review

Customer acknowledges that they have had a reasonable opportunity to review this Agreement prior to accepting Services.

Failure to review this Agreement does not affect its enforceability.

2.7 No Third-Party Beneficiaries

This Agreement creates rights and obligations solely between Company and Customer. No third party, including tenants, occupants, property managers, landlords, neighbors, guests, or insurers, shall have any rights under this Agreement.

2.8 Entire Agreement; No Reliance

This Agreement constitutes the entire agreement between Company and Customer regarding the Services.

Customer acknowledges that they have not relied on any statements, representations, or promises not expressly set forth in this Agreement.

2.9 No Waiver by Prior Conduct

Company’s prior acceptance of non-compliant communications, informal approvals, or deviations from this Agreement does not waive Company’s right to require strict compliance with this Agreement in the future.

2.10 Severability of Acceptance

If any method of acceptance described in this Section is found unenforceable, all other methods of acceptance shall remain valid and enforceable to the fullest extent permitted by law.

2.11 Services Not Contingent on Signature

Customer acknowledges that Company may perform Services prior to execution of a written agreement, and such performance does not waive or limit the enforceability of this Agreement.

2.12 Acceptance by Payment

Payment of any invoice or charge issued by Company constitutes acceptance of this Agreement.

2.13 Responsibility to Review Terms

Customer is responsible for reviewing this Agreement and any updates provided by Company. Continued use of Services constitutes acceptance of any updated terms in accordance with this Agreement.

2.14 No Requirement for Re-Execution

Customer acknowledges that continued use of Services does not require re-execution or re-signing of this Agreement for it to remain enforceable.

2.15 Appointment Confirmation Not Required

Customer acknowledges that appointment confirmations, reminders, or requests to confirm service are provided as a courtesy only.

Failure to confirm, respond to, or acknowledge such communications does not:

• Cancel or reschedule the appointment
• Affect Customer’s obligations under this Agreement
• Prevent Company from performing scheduled Services

Scheduled services remain valid unless rescheduled or canceled in accordance with this Agreement.

Customer is responsible for ensuring appointment accuracy and notifying Company of any required changes in accordance with this Agreement.

2.16 Customer Presence Not Required

Customer acknowledges that their presence at the Property is not required for Company to perform Services.

Company may perform Services in Customer’s absence if access is available, and such performance constitutes valid completion of Services under this Agreement.

2.17 No Cancellation by Silence

Failure to respond to communications, confirmations, reminders, or notices does not cancel, modify, or reschedule any service.

2.18 Customer Scheduling Responsibility

Customer is responsible for reviewing scheduled service dates and Service Windows and for notifying Company of any changes in accordance with this Agreement.

2.19 Refusal After Scheduling

Customer acknowledges that refusal of service at the time of arrival, or after Company has dispatched, routed, or arrived to perform Services, does not constitute cancellation.

Refusal of service does not relieve Customer of obligations under this Agreement, including any applicable charges, fees, or deposits.

Cancellation is only effective if completed in accordance with the cancellation and rescheduling provisions of this Agreement.

Company’s dispatch, routing, or arrival at the Property constitutes partial performance and resource allocation under this Agreement.

2.20 No Cancellation by Change of Mind

Customer acknowledges that acceptance of this Agreement creates a binding obligation.

Cancellation based solely on a change of mind, preference, or decision not to proceed does not relieve Customer of obligations under this Agreement.

2.21 Deposits and Reservation of Services

Customer acknowledges that any deposit, prepayment, or initial payment may be required to reserve scheduling, allocate resources, and commit Company to perform Services.

Such payments are not solely for completed Services, but also for reserving Company’s time, labor, routing, materials, and availability.

Company incurs costs and commitments upon scheduling, regardless of whether Services are ultimately performed.

2.22 Deposits Are Non-Refundable Except as Provided

Deposits and prepayments are non-refundable once Services are scheduled, except as otherwise expressly stated in this Agreement.

Eligibility for any refund, credit, or adjustment is governed solely by the cancellation and rescheduling provisions of this Agreement.

Customer acknowledges that such amounts represent a reasonable estimate of Company’s costs and are not a penalty, and are subject to the cancellation and rescheduling provisions of this Agreement.

2.23 Access Failure Not Cancellation

Customer acknowledges that failure to provide access to the Property at the scheduled time does not constitute cancellation or rescheduling.

Customer remains responsible for any applicable charges unless cancellation is completed in accordance with this Agreement.

2.24 Customer Information Responsibility

Customer is responsible for providing accurate Property details, access instructions, and contact information.

Errors or omissions in such information do not relieve Customer of obligations under this Agreement.

2.25 Third-Party Interference

Interference by tenants, occupants, property managers, employees, contractors, or other third parties does not constitute cancellation or relieve Customer of obligations under this Agreement.

2.26 Service Adjustments

Company may adjust, delay, or reschedule Services due to weather, safety conditions, or operational factors.

Such adjustments do not cancel Services or relieve Customer of obligations under this Agreement.

2.27 No Refund Absent Contractual Basis

No refund, credit, or adjustment shall be issued except as expressly provided in the cancellation and rescheduling provisions of this Agreement or as required by applicable law.

2.28 Good Faith Performance

Company will perform Services in good faith and in a commercially reasonable manner consistent with industry standards.

2.29 Coordination With Other Provisions

This Section governs acceptance of this Agreement. All scheduling, cancellation, fees, and refunds are governed exclusively by the applicable provisions elsewhere in this Agreement.

2.30 Availability of Terms

Customer acknowledges that this Agreement is made available prior to or at the time of scheduling, approval, or payment, including via Company’s website or Client Hub.

2.31 Compliance With Law

Nothing in this Section is intended to limit any rights that cannot be waived under applicable law. All provisions shall be enforced to the fullest extent permitted by law.

3. ELECTRONIC CONSENT & RECORDS

3.1 Electronic Transactions

Customer consents to transact electronically under the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Texas Uniform Electronic Transactions Act (UETA).

Customer agrees that electronic communications, records, and transactions satisfy any legal requirement that such communications be in writing.

3.2 Binding Electronic Signatures

Electronic approvals, digital signatures, stored payment authorizations, online submissions, and other electronic actions by Customer constitute valid and legally binding acceptance of this Agreement.

Customer agrees that such actions are attributable to Customer where associated with Customer’s contact information, account access, device, or authorization.

3.3 Attribution of Electronic Actions

Customer is responsible for all electronic actions taken using Customer’s contact information, account, device, or access credentials.

Company may rely on such actions as authorized by Customer unless Customer provides prompt Written Notice of unauthorized use in accordance with this Agreement.

3.4 Statute of Frauds

Electronic records, signatures, and confirmations satisfy any legal requirement that an agreement be in writing or signed, to the fullest extent permitted by applicable law.

3.5 Electronic Communications Validity

Emails, SMS messages, Client Hub activity, system-generated confirmations, and other electronic communications from Company constitute valid business records and may be relied upon for purposes of documenting Services, scheduling, approvals, and disputes.

3.6 Record Retention

Company retains records in accordance with applicable laws and regulations, including requirements of the Texas Department of Agriculture.

Company retains records for at least the minimum period required by applicable law.

Company may retain, archive, or delete records beyond required retention periods in accordance with its internal policies and operational practices.

Customer acknowledges that Company is not required to retain records beyond legally required timeframes.

Absence, deletion, or unavailability of records outside required retention periods does not create a presumption of liability, wrongdoing, or non-performance by Company.

3.7 System-Generated Records

System-generated records, including timestamps, service logs, GPS data, routing records, call logs, automated system data, and similar records, may be relied upon as evidence of actions taken under this Agreement.

3.8 Customer Responsibility for Access

Customer is responsible for maintaining access to electronic communications, including email, phone, and Client Hub access.

Failure to receive or review electronic communications due to outdated contact information, spam filters, technical issues, or other factors does not affect the validity or enforceability of such communications.

Customer is responsible for timely review of communications.

3.9 Call Recording Consent

Customer consents to the recording and monitoring of phone calls and electronic communications for quality assurance, training, documentation, and dispute resolution purposes.

Company provides notice of recording at call initiation where practicable. Continued participation in any call after such notice constitutes consent.

Customer acknowledges that such recordings may be used as evidence in resolving disputes.

3.10 No Requirement for Paper Copies

Customer agrees that Company is not required to provide paper copies of records unless required by applicable law.

Company will provide copies upon reasonable request, subject to administrative fees where permitted by law.

Electronic records maintained by Company are sufficient for all purposes under this Agreement.

3.11 Security and Unauthorized Use

Customer is responsible for safeguarding their contact information, account access, and communication channels.

Company is not responsible for unauthorized access or use unless caused by Company’s gross negligence or willful misconduct.

3.12 Compliance With Law

Nothing in this Section is intended to limit any rights that cannot be waived under applicable law. All provisions shall be enforced to the fullest extent permitted by law.

3.13 Presumption of Accuracy

Electronic records, system logs, and communications maintained by Company constitute prima facie evidence of the matters they record and may be relied upon subject to applicable rules of evidence.

3.14 Customer Record Responsibility

Customer is responsible for retaining copies of all communications, approvals, and records provided to Customer.

Company is not responsible for maintaining or reissuing such records beyond reasonable requests.

3.15 Automated System Reliability

Customer acknowledges that Company may use automated systems, artificial intelligence, and software tools to generate records, logs, communications, and documentation.

Customer acknowledges that such systems may operate without human intervention.

Such outputs are valid business records and may be relied upon for purposes of documenting Services and resolving disputes.

3.16 Multi-Channel Communication Consent

Customer consents to receive communications from Company via email, SMS, phone calls, Client Hub notifications, and automated systems, unless otherwise prohibited by applicable law.

Where required by law, Customer may opt out of certain communications (such as SMS) using the methods provided; however, such opt-out does not apply to essential service-related communications.

3.17 Data Integrity

Company maintains records using commercially reasonable systems and practices.

Minor discrepancies, formatting differences, or technical inconsistencies that do not materially affect the substance of a record do not invalidate its accuracy or enforceability.

3.18 Online Transactions and Checkout Acceptance

Customer acknowledges that purchases, bookings, or payments made through Company’s website or online checkout system constitute electronic acceptance of this Agreement.

Completion of checkout, submission of payment, or clicking to accept terms constitutes a binding agreement.

3.19 Payment Authorization and Chargebacks

Customer represents that they are authorized to use the selected payment method.

Customer agrees to first contact Company in good faith to resolve any billing dispute.

Nothing in this Agreement limits Customer’s rights under applicable law or payment network rules; however, improper or abusive disputes for valid charges may be treated as a breach of this Agreement and may result in recovery of reasonable costs to the extent permitted by law.

3.20 Pricing, Availability, and Errors

Company reserves the right to correct pricing errors, service descriptions, or availability issues at any time.

If an error is identified, Company may cancel or modify the transaction and issue a refund if required.

3.21 Subscription and Recurring Billing Authorization

For recurring services or subscriptions purchased online, Customer authorizes Company to charge the provided payment method on a recurring basis in accordance with the selected service plan.

Customer is responsible for canceling recurring services in accordance with this Agreement.

3.22 Fraud Prevention and Verification

Company reserves the right to verify transactions, payment methods, and customer identity.

Company may delay, cancel, or refuse any transaction suspected of fraud, unauthorized use, or risk to Company.

3.23 Third-Party Payment Processors

Payments may be processed through third-party providers, including payment gateways and processors.

Company is not responsible for outages or failures outside its reasonable control.

3.24 Photographic and Video Documentation Consent

Customer consents to Company capturing photographs, video, and other visual documentation at the Property in connection with Services.

Such documentation may include images of the exterior, interior, attic spaces, crawlspaces, structural areas, pest activity, treatment areas, and service conditions.

Customer acknowledges that such documentation may occur in areas not visible during routine occupancy where Services are performed.

Customer acknowledges that such documentation is necessary for:

• Documenting Services performed
• Verifying conditions and access
• Quality control and training
• Regulatory compliance
• Dispute resolution

Company will use such documentation solely for these purposes and will not publicly disclose identifiable images of the Property without Customer consent, except as required by law or to resolve disputes.

Company will use commercially reasonable efforts to avoid capturing unnecessary personal or sensitive information; however, incidental capture does not constitute a violation.

Customer is responsible for notifying Company in advance of any restricted areas.

3.25 Access Codes and Entry Information

Customer may provide Company with access codes, gate codes, alarm codes, lockbox access, keys, or other entry information (“Access Information”).

Customer authorizes Company to use such Access Information to perform Services.

Customer acknowledges:

• Access Information is provided at Customer’s discretion and risk
• Customer is responsible for accuracy and updates
• Company is not responsible for failures or outdated information
• Company is not responsible for unauthorized access not caused by Company

Company uses commercially reasonable safeguards and limits access to authorized personnel.

Access Information is retained only as long as reasonably necessary.

Customer is responsible for changing or revoking Access Information after Services if desired.

3.26 Data Use and Privacy

Company uses Customer information and documentation solely to perform Services, communicate, comply with legal requirements, and resolve disputes.

Company implements commercially reasonable safeguards to protect such information.

3.27 No Obligation to Reconstruct Records

Company is not obligated to recreate, reconstruct, or recover deleted or unavailable records.

3.28 System Integrity

Company maintains electronic records using commercially reasonable systems designed to preserve the integrity of data.

The existence of administrative access or system capabilities does not, by itself, invalidate the reliability of such records.

3.29 Third-Party Records

Records generated or maintained by third-party systems used by Company, including communication platforms, payment processors, and routing systems, may be relied upon as business records for purposes of documenting Services and resolving disputes.

4. SERVICE MODEL & DISCLOSURES

4.1 Route-Based Scheduling

Company schedules Services using route-based scheduling, technician availability, weather conditions, operational needs, and geographic efficiency.

Appointment dates, arrival times, and Service Windows are estimates only and are not guaranteed.

Company may adjust, delay, advance, combine, divide, reroute, or reschedule appointments without liability.

Customer acknowledges that route-based scheduling is a material part of Company’s business model.

4.2 Service Windows

Customer acknowledges that Company provides estimated Service Windows rather than guaranteed appointment times.

Company is not liable for delays caused by traffic, weather, emergencies, technician availability, customer requests, equipment failures, regulatory requirements, or circumstances outside Company’s reasonable control.

Customer is responsible for ensuring access to the Property throughout the scheduled Service Window.

4.3 Confirmation Notices

Appointment confirmations, reminders, emails, phone calls, text messages, and Client Hub notifications are provided as a courtesy only.

Failure to receive, review, acknowledge, confirm, or respond to such communications does not cancel, modify, or reschedule any appointment.

4.4 Completed Service

A Service is considered completed when Company performs the scheduled work, inspection, treatment, monitoring, installation, maintenance, consultation, or other Services at the Property.

Customer presence is not required for completion of Service.

Company documentation, technician records, photographs, GPS records, service reports, routing logs, call logs, or other business records may be used to verify Service completion.

4.5 Service Attempt

If Company arrives during the scheduled Service Window and is unable to perform Services due to customer-related circumstances, including but not limited to:

• Denied access
• Locked gates
• Inaccessible areas
• Aggressive animals
• Unsafe conditions created by Customer
• Incorrect access information
• Failure to secure pets
• Failure to comply with preparation requirements
• Occupant refusal
• Tenant interference

the visit shall constitute a documented Service Attempt.

A documented Service Attempt satisfies Company’s obligation for the scheduled visit and may result in applicable charges, fees, or rescheduling costs.

4.6 Access Denial Charges

Customer authorizes Company to charge applicable access denial fees, trip charges, rescheduling fees, service attempt charges, or other authorized charges when Company is unable to perform Services due to Customer-related circumstances.

4.7 No Guarantee of Permanent Elimination

Pest activity is influenced by environmental conditions, weather, neighboring properties, construction activity, sanitation practices, vegetation, moisture conditions, structural conditions, wildlife activity, customer behavior, and other factors outside Company’s control.

Company does not guarantee permanent elimination, eradication, prevention, or exclusion of pests unless expressly stated in a separate written warranty.

4.8 Not Insurance

Services are preventative, corrective, monitoring, and maintenance services.

Services are not insurance, warranties of future conditions, property guarantees, or indemnification agreements unless expressly stated in a separate written warranty.

4.9 Integrated Pest Management

Customer acknowledges that successful pest management may require cooperation by Customer, including sanitation improvements, moisture reduction, structural repairs, vegetation management, exclusion work, storage modifications, preparation requirements, or other corrective actions.

Failure to follow Company recommendations may reduce effectiveness of Services.

4.10 Regulatory and Product Changes

Company may substitute products, equipment, materials, treatment methods, service protocols, monitoring systems, or procedures due to:

• Regulatory requirements
• Manufacturer changes
• Product discontinuation
• Supply chain disruptions
• Safety concerns
• Environmental conditions
• Professional judgment

Such substitutions do not constitute a reduction in Service.

4.11 Professional Judgment

Company retains sole discretion to determine appropriate treatment methods, application locations, equipment placement, monitoring strategies, service frequency, corrective actions, and service recommendations based upon professional judgment, regulatory requirements, safety considerations, and site-specific conditions.

4.12 Customer Preparation Requirements

Customer is responsible for completing any preparation requirements communicated by Company.

Failure to properly prepare the Property may result in delayed Service, reduced effectiveness, additional charges, rescheduling, or inability to perform Services.

4.13 Service Limitations

Company’s Services are limited to the areas, pests, structures, equipment, warranties, and conditions specifically identified in the applicable service plan, estimate, proposal, invoice, service agreement, or warranty.

No Service extends beyond the expressly stated scope.

4.14 No Guarantee of Inspection Findings

Inspections are limited visual evaluations performed under conditions existing at the time of inspection.

Company does not guarantee discovery of all pest activity, damage, entry points, conducive conditions, hidden infestations, concealed defects, inaccessible areas, future infestations, or future conditions.

4.15 Conditions Beyond Company’s Control

Company is not responsible for delays, interruptions, reduced effectiveness, inability to perform Services, or changes in pest activity caused by:

• Weather
• Flooding
• Drought
• Fire
• Construction
• Remodeling
• Landscaping changes
• Utility interruptions
• Regulatory actions
• Acts of God
• Third-party actions
• Conditions beyond Company’s reasonable control

4.16 Customer Refusal of Recommendations

Customer acknowledges that Company may recommend corrective actions, repairs, sanitation improvements, exclusion measures, moisture reduction, vegetation management, or other conditions that affect pest activity.

Company is not responsible for reduced effectiveness, continued pest activity, reinfestation, or recurring conditions resulting from Customer’s failure or refusal to implement such recommendations.

4.17 Post-Service Property Changes

Company is not responsible for pest activity, reinfestation, or reduced effectiveness resulting from changes to the Property occurring after Service, including landscaping modifications, construction, remodeling, vegetation changes, irrigation changes, storage practices, sanitation conditions, or structural alterations.

4.18 Disturbance of Treatments or Equipment

Company is not responsible for reduced effectiveness resulting from removal, relocation, damage, tampering, disturbance, destruction, or interference with treatments, monitoring devices, bait stations, exclusion materials, or equipment by Customer or third parties.

4.19 Animal Interference

Company is not responsible for damage to, loss of, or reduced effectiveness of Services resulting from interference by pets, livestock, wildlife, or other animals.

4.20 Customer Disclosure Obligations

Customer is responsible for disclosing known hazards, access restrictions, pets, concealed utilities, sensitive plants, sensitive materials, structural concerns, environmental conditions, or other circumstances that may affect Service performance or safety.

Company is not responsible for conditions not reasonably disclosed or observable.

4.21 No Guaranteed Response Time

Unless expressly stated in writing, Company does not guarantee same-day service, emergency response, specific arrival times, or response within any particular timeframe.

4.22 Temporary Pest Activity

Customer acknowledges that certain Services may temporarily increase visible pest activity as pests are flushed from harborage areas, exposed to treatment zones, or affected by control measures.

Temporary increases in visible pest activity do not indicate Service failure.

4.23 Future Conditions

Company does not guarantee against future infestations, future pest activity, future structural conditions, future conducive conditions, or future property changes unless expressly covered by a separate written warranty.

4.24 Occupant Conduct

Company is not responsible for pest activity, sanitation issues, preparation failures, access issues, or other conditions caused by tenants, occupants, guests, contractors, vendors, or other third parties.

4.25 Safety-Based Service Modifications

Company may modify, limit, postpone, discontinue, or refuse any Service where conditions are unsafe, unlawful, inaccessible, hazardous, or otherwise unsuitable for Service performance.

4.26 Service Attempt Satisfaction

Where Company is unable to perform Services due to Customer-related circumstances, a documented Service Attempt satisfies Company’s obligation for the scheduled visit and may be treated as a completed appointment for billing, scheduling, warranty, service-cycle, and service-frequency purposes.

4.27 Reasonable Service Standard

Company’s Services are performed using commercially reasonable methods consistent with industry standards, regulatory requirements, safety considerations, and the scope of Services purchased.

Customer acknowledges that Services do not require treatment, inspection, monitoring, or access to every area of the Property unless expressly stated in writing.

4.28 No Guarantee of Regulatory Compliance

Company does not guarantee compliance with any governmental, regulatory, health department, food safety, housing, lending, insurance, environmental, permitting, licensing, inspection, or other regulatory standards unless expressly stated in writing.

Customer remains solely responsible for compliance with applicable laws, regulations, inspections, permits, and licensing requirements.

4.29 No Guarantee of Property Preservation

Services are intended to reduce pest-related risks but do not guarantee preservation of property value, prevention of property damage, prevention of future infestations, prevention of future structural conditions, or prevention of future losses unless expressly stated in a separate written warranty.

4.30 No Implied Warranties

Except for any express written warranty provided by Company, Services are provided without any additional warranties, guarantees, representations, or promises, whether express, implied, oral, statutory, or otherwise, to the fullest extent permitted by law.

4.31 Technician Statements

Statements, opinions, estimates, recommendations, predictions, comments, observations, service opinions, or communications made by technicians, inspectors, customer service representatives, sales personnel, automated systems, artificial intelligence systems, or other Company representatives do not modify this Agreement and do not create additional obligations unless expressly confirmed in writing by an authorized Company representative.

4.32 Future Predictions

Any estimate, forecast, prediction, expectation, opinion, recommendation, or statement regarding future pest activity, treatment effectiveness, infestation risk, structural conditions, service outcomes, response times, or future conditions is provided for informational purposes only and does not constitute a guarantee.

4.33 Adjacent Property Conditions

Company is not responsible for pest activity, reinfestation, migration, or conducive conditions originating from neighboring, adjacent, nearby, abandoned, undeveloped, agricultural, commercial, governmental, municipal, multi-family, rental, or third-party properties.

4.34 Environmental Reintroduction

Customer acknowledges that pests may naturally re-enter, migrate to, reproduce within, or otherwise affect the Property after Service due to environmental, biological, seasonal, geographic, weather-related, or other factors outside Company’s control.

4.35 No Guarantee of Complete Pest Absence

Customer acknowledges that pest management is a process designed to reduce, monitor, control, and manage pest populations.

The presence of individual pests, occasional pest sightings, pest activity between service visits, or evidence of pest activity does not, by itself, indicate Service failure, breach of contract, negligence, or entitlement to a refund unless expressly covered by a separate written warranty.

4.36 Service Frequency and Treatment Cycle

Customer acknowledges that certain Services require multiple visits, recurring treatments, monitoring periods, follow-up services, seasonal applications, warranty periods, observation periods, or treatment cycles to achieve intended results.

Service effectiveness may not be immediate and may require the full treatment cycle to be completed.

4.37 Inaccessible, Concealed, and Restricted Areas

Customer acknowledges that certain areas of the Property may be inaccessible, concealed, obstructed, restricted, unsafe, or otherwise unavailable for inspection, treatment, monitoring, or service.

Company is not responsible for conditions, pest activity, damage, defects, infestations, contamination, or conducive conditions located within such areas.

4.38 No Responsibility for Pre-Existing Conditions

Company is not responsible for pre-existing pest activity, pre-existing damage, pre-existing contamination, pre-existing structural defects, pre-existing infestations, or pre-existing conditions existing before Services are performed.

4.39 Covered Pest Species

Company does not guarantee control, elimination, monitoring, exclusion, or treatment of pest species not specifically covered under the applicable Service plan, warranty, estimate, proposal, or written agreement.

4.40 Customer Duty to Report Problems

Customer agrees to promptly notify Company of pest activity, equipment damage, service concerns, warranty claims, suspected infestations, property changes, or other issues that may affect Services.

Failure to provide timely notice may limit Company’s ability to investigate, respond, monitor, retreat, repair, or provide corrective action.

4.41 No Guarantee of Health Outcomes

Company does not guarantee prevention of disease, illness, allergic reactions, bites, stings, contamination, infection, medical conditions, health outcomes, environmental exposure, or other health-related consequences associated with pests, wildlife, environmental conditions, or the Property.

5. CUSTOMER REPRESENTATIONS

Customer represents, warrants, acknowledges, and agrees as follows:

5.1 Authority to Authorize Services

Customer represents that Customer is the lawful owner of the Property or has full legal authority to authorize Services at the Property.

Customer shall be responsible for obtaining any approvals, permissions, authorizations, or consents required from owners, landlords, property managers, homeowners associations, tenants, occupants, governmental entities, or third parties.

Customer remains responsible for all charges arising from Services authorized by Customer.

5.2 No Conflicting Agreements

Customer represents that no existing agreement, warranty, contract, lease provision, regulatory restriction, homeowners’ association requirement, deed restriction, court order, or other obligation prohibits or restricts Company from performing Services.

Customer shall be solely responsible for resolving any conflicts.

5.3 Accuracy of Information

Customer represents that all information provided to Company is complete, accurate, and current.

Customer agrees to promptly update Company regarding any material changes affecting Services.

5.4 Property Condition Disclosure

Customer represents that all known conditions that may affect Services have been accurately disclosed, including:

• Pest activity
• Prior infestations
• Prior treatments
• Structural issues
• Access restrictions
• Environmental conditions
• Known hazards
• Utility locations
• Occupancy conditions
• Sensitive areas

Company may rely upon information provided by Customer.

5.5 Chemical Sensitivities and Medical Conditions

Customer represents that any known chemical sensitivities, allergies, respiratory conditions, environmental sensitivities, medical concerns, or other circumstances that may affect Service planning have been disclosed to Company.

Failure to disclose such information releases Company from responsibility for conditions arising from nondisclosure to the fullest extent permitted by law.

5.6 Pets, Livestock, and Animals

Customer represents that all pets, livestock, service animals, emotional support animals, exotic animals, and other animals that may affect Service performance have been disclosed.

Customer is responsible for securing animals as instructed by Company.

5.7 Access Information

Customer represents that all gate codes, alarm codes, lockbox information, keys, access instructions, and other access information provided to Company are accurate, current, and authorized for use.

5.8 Hazard Disclosure

Customer represents that known hazards have been disclosed, including:

• Aggressive animals
• Unsafe structures
• Electrical hazards
• Fire hazards
• Hazardous materials
• Environmental hazards
• Unsafe attics
• Unsafe crawlspaces
• Unsafe work areas

Company may rely upon such disclosures.

5.9 Preparation Requirements

Customer represents that required preparation instructions will be completed before Service where applicable.

Failure to complete preparation requirements may result in reduced effectiveness, additional charges, rescheduling, service delays, or inability to perform Services.

5.10 No Reliance on Future Results

Customer acknowledges that Customer has not relied upon any prediction, estimate, opinion, expectation, forecast, or future outcome not expressly stated in a written agreement executed by Company.

5.11 Duty to Cooperate

Customer agrees to reasonably cooperate with Company regarding scheduling, access, preparation, inspections, monitoring, treatment, warranty administration, follow-up services, and related activities.

5.12 Continuing Representations

Customer acknowledges that the representations contained in this Section are ongoing and continuing throughout the term of Services.

Customer agrees to promptly notify Company if any representation becomes inaccurate.

5.13 Material Reliance

Company relies upon the representations, disclosures, information, authorizations, and statements provided by Customer when performing Services.

Company shall not be responsible for losses, delays, reduced effectiveness, additional costs, warranty impacts, or service limitations resulting from inaccurate, incomplete, misleading, outdated, omitted, or false information provided by Customer.

5.14 False Representations

Any materially false, misleading, incomplete, omitted, or inaccurate representation by Customer may result in:

• Suspension of Services
• Additional charges
• Cancellation of Services
• Denial of warranty coverage
• Termination of warranties
• Termination of service agreements

to the extent permitted by law.

5.15 Survival

Customer’s representations, disclosures, authorizations, and obligations under this Section survive completion, cancellation, termination, expiration, or suspension of Services.

5.16 Tenant, Resident, and Occupant Authority

Company may reasonably rely upon authorization, instructions, approvals, disclosures, scheduling requests, access permissions, and communications provided by any person reasonably appearing to be an owner, tenant, resident, occupant, property manager, authorized representative, or person with apparent authority regarding the Property.

Customer remains responsible for charges and obligations arising from such authorization unless Company receives Written Notice to the contrary before Services are performed.

5.17 Shared Ownership Properties

Where multiple owners, trustees, beneficiaries, members, partners, spouses, heirs, or other interested parties have rights in the Property, Customer represents that Customer possesses sufficient authority to authorize Services on behalf of all such parties.

Company is not responsible for disputes among owners or interested parties.

5.18 Prior Pest Control Providers

Customer is responsible for disclosing known prior pest control agreements, warranties, termite protection plans, monitoring agreements, baiting systems, exclusion systems, service contracts, or other pest-related obligations affecting the Property.

Company is not responsible for the cancellation, transfer, continuation, preservation, or termination of any third-party agreement unless expressly agreed in writing.

5.19 Accuracy of Property Information

Customer represents that information provided regarding Property size, acreage, square footage, structure count, use, occupancy, and service areas is substantially accurate.

Company may adjust pricing, service scope, equipment requirements, frequencies, warranties, service plans, or charges if such information is later determined to be inaccurate.

5.20 Commercial and Rental Properties

For commercial, rental, multi-family, institutional, governmental, investment, or business properties, Customer represents that Customer possesses authority to authorize Services and bind the applicable entity.

Customer remains responsible for providing access, notices, disclosures, and coordination necessary for Service performance.

5.21 Duty to Disclose Material Changes

Customer agrees to promptly notify Company of any material change affecting Services, including:

• Ownership changes
• Occupancy changes
• Tenant changes
• Structural changes
• Property use changes
• Contact information changes
• Access changes
• Hazard changes

Failure to provide notice may affect Service effectiveness, scheduling, warranties, pricing, and coverage.

5.22 Governmental and Regulatory Restrictions

Customer is responsible for identifying and disclosing any governmental, municipal, homeowners’ association, deed restriction, historic district, environmental, zoning, regulatory, permitting, or other restriction affecting Services.

Company may rely upon Customer’s disclosures.

5.23 Bankruptcy and Legal Proceedings

Customer agrees to notify Company of any bankruptcy proceeding, receivership, foreclosure, probate proceeding, court order, legal restriction, or other proceeding that may affect Services, access, ownership, billing, or contractual obligations.

5.24 No Agency Relationship

Nothing in this Agreement creates any agency, fiduciary, partnership, joint venture, property management, inspection certification, environmental consulting, engineering, construction, insurance, or professional advisory relationship between Company and Customer.

5.25 No Reliance on Third-Party Statements

Company is not responsible for representations, warranties, opinions, statements, reports, disclosures, recommendations, or advice provided by third parties, including prior pest control providers, builders, contractors, inspectors, lenders, insurers, real estate agents, property managers, governmental entities, or other persons.

5.26 Electronic Information Accuracy

Customer is responsible for maintaining accurate email addresses, phone numbers, billing information, payment methods, mailing addresses, access information, and online account information.

Company may rely upon information contained within its records unless corrected by Customer through Written Notice.

5.27 Property Boundary Accuracy

Customer is responsible for identifying property boundaries, lot lines, easements, service areas, and treatment areas.

Company may reasonably rely upon visible boundary indicators, customer instructions, surveys, maps, markings, GPS coordinates, or other information provided by Customer.

Company is not responsible for boundary disputes or inaccuracies not reasonably known to Company.

5.28 Underground Utilities and Concealed Systems

Customer is responsible for identifying and disclosing known underground utilities, irrigation systems, drainage systems, septic systems, low-voltage wiring, invisible pet fences, landscape lighting, water lines, gas lines, communication lines, underground structures, and other concealed systems.

Company is not responsible for damage to undisclosed, unmarked, improperly marked, inaccurately marked, or non-observable systems.

5.29 Authorized Decision Maker

Customer represents that Customer is authorized to make decisions regarding Services, scheduling, billing, warranties, service scope, treatment approvals, equipment placement, contract administration, and related matters.

Company may rely upon instructions provided by Customer unless otherwise notified in Writing.

5.30 Property Condition Changes

Customer agrees to notify Company of material changes occurring between scheduling and Service performance that may affect access, safety, treatment methods, monitoring, warranties, pricing, service effectiveness, or equipment placement.

5.31 Duty to Review Service Documentation

Customer agrees to timely review service reports, invoices, recommendations, notices, inspection findings, warranty information, photographs, monitoring reports, and other documentation provided by Company.

Failure to review such documentation does not relieve Customer of obligations under this Agreement.

Customer shall notify Company within a reasonable period if Customer believes any report, recommendation, invoice, finding, or service record contains a material error.

5.32 Customer Responsibility for Minors and Occupants

Customer is responsible for communicating relevant safety instructions, preparation requirements, access restrictions, and service-related information to household members, occupants, tenants, guests, employees, contractors, and other persons present at the Property.

Company is not responsible for failures by third parties to follow such instructions.

5.33 Reliance on Customer-Provided Documents

Company may rely upon surveys, reports, permits, warranties, inspection reports, diagrams, photographs, maps, disclosures, and other documents provided by Customer.

Company is not responsible for inaccuracies, omissions, alterations, or defects contained within such documents.

5.34 Customer Duty to Protect Equipment

Customer agrees to use reasonable care to protect monitoring devices, bait stations, exclusion materials, monitoring equipment, and other Company property located at the Property.

Customer shall promptly notify Company of missing, damaged, tampered-with, or malfunctioning equipment.

5.35 Customer Responsibility for Third-Party Access

Where the Property is controlled by a tenant, homeowners association, gate attendant, security service, property manager, commercial facility manager, governmental entity, or other third party, Customer remains responsible for ensuring Company has the access necessary to perform Services.

6. CUSTOMER RESPONSIBILITIES

6.1 Duty to Provide Access

Customer shall provide Company with safe, timely, and unobstructed access to all areas necessary to perform Services.

Customer is responsible for ensuring gates, doors, access points, lockboxes, access codes, alarm systems, and other access mechanisms are operational and available during the scheduled Service Window.

6.2 Safe Working Conditions

Customer shall maintain reasonably safe conditions for Company personnel.

Company may postpone, modify, limit, discontinue, or refuse Services where conditions are unsafe, hazardous, unlawful, inaccessible, or otherwise unsuitable for Service performance.

6.3 Securing Pets and Animals

Customer shall secure pets, livestock, service animals, emotional support animals, exotic animals, and other animals before, during, and after Service as instructed by Company.

Company is not responsible for escaped animals, animal injuries, animal interference, or Service delays resulting from Customer’s failure to secure animals.

6.4 Preparation Requirements

Customer shall complete all preparation requirements communicated by Company.

Preparation requirements may include cleaning, laundering, decluttering, moving furniture, removing stored items, providing access, securing animals, reducing moisture, sanitation improvements, or other actions reasonably necessary for Service performance.

6.5 Re-Entry Instructions

Customer shall comply with all re-entry instructions, post-treatment instructions, safety instructions, label requirements, and occupancy restrictions communicated by Company.

Customer is responsible for communicating such instructions to household members, tenants, occupants, guests, employees, contractors, and other persons present at the Property.

6.6 Sanitation Responsibilities

Customer remains responsible for maintaining reasonable sanitation conditions.

Company is not responsible for pest activity resulting from food sources, waste accumulation, clutter, improper storage, unsanitary conditions, or similar circumstances.

6.7 Structural and Environmental Maintenance

Customer remains responsible for structural repairs, exclusion repairs, maintenance, weatherproofing, sealing, screening, drainage correction, moisture control, and other property maintenance activities.

Company is not responsible for structural conditions that contribute to pest activity.

6.8 Vegetation and Landscaping Maintenance

Customer shall maintain vegetation, landscaping, trees, shrubs, mulch, firewood, debris, storage materials, and similar conditions affecting pest activity.

Company is not responsible for pest activity resulting from unmanaged vegetation or landscaping conditions.

6.9 Moisture and Drainage Conditions

Customer remains responsible for correcting standing water, drainage issues, plumbing leaks, roof leaks, irrigation problems, condensation issues, grading problems, and moisture conditions affecting pest activity.

6.10 Underground Utilities and Concealed Systems

Customer shall identify and disclose underground utilities, irrigation systems, septic systems, drainage systems, invisible pet fences, low-voltage wiring, landscape lighting, water lines, gas lines, communication lines, underground structures, and other concealed systems.

Company is not responsible for damage to undisclosed, unmarked, improperly marked, inaccurately marked, or non-observable systems.

6.11 Protection of Company Equipment

Customer shall exercise reasonable care to protect Company-owned equipment, including monitoring devices, bait stations, traps, sensors, exclusion materials, and related equipment.

Customer shall promptly notify Company of loss, theft, vandalism, tampering, removal, relocation, malfunction, or damage.

6.12 Duty to Review Recommendations

Customer shall timely review recommendations, inspection findings, reports, notices, warranty requirements, service documentation, corrective actions, and other information communicated by Company.

Failure to review such information does not relieve Customer of obligations under this Agreement.

6.13 Duty to Report Problems

Customer shall promptly notify Company of:

• Pest activity
• Equipment damage
• Service concerns
• Warranty claims
• Structural changes
• Property changes
• Access issues
• Safety concerns
• Conditions affecting Services

Failure to provide timely notice may limit Company’s ability to investigate, monitor, respond, retreat, repair, replace equipment, or provide corrective action.

6.14 Cooperation With Warranty Requirements

Customer shall comply with all inspection requirements, monitoring requirements, renewal requirements, reporting requirements, corrective action requirements, and other conditions necessary to maintain warranty eligibility.

6.15 Customer-Caused Delays

Customer is responsible for delays resulting from:

• Access failures
• Occupant interference
• Preparation failures
• Animal interference
• Incorrect information
• Failure to communicate material changes
• Failure to comply with instructions

Customer may be responsible for additional charges resulting from such delays.

6.16 Customer-Caused Service Limitations

Customer acknowledges that Services may be reduced, delayed, modified, limited, postponed, interrupted, or rendered less effective due to Customer actions, omissions, property conditions, occupancy conditions, preparation failures, maintenance failures, or other customer-related circumstances.

6.17 Failure to Comply

Failure by Customer to comply with obligations under this Agreement may result in:

• Reduced effectiveness
• Delayed Services
• Additional charges
• Rescheduling fees
• Service attempt charges
• Equipment replacement charges
• Denial of warranty coverage
• Suspension of Services
• Termination of warranties
• Termination of Services

to the extent permitted by law.

6.18 Warranty Impact

Customer acknowledges that warranty eligibility, warranty continuation, warranty coverage, retreatment obligations, monitoring obligations, and related benefits may be affected by Customer’s failure to comply with obligations under this Agreement.

6.19 Preparation Forms and Instructions

Customer acknowledges that certain Services may require preparation forms, preparation checklists, treatment instructions, sanitation requirements, access requirements, post-treatment instructions, re-entry instructions, or other service-specific requirements.

Company may provide such materials through email, Client Hub, electronic communications, attached estimates, invoices, service documents, the Company’s website, physical delivery, or other reasonable methods.

Customer is responsible for:

• Reviewing all preparation materials provided by Company
• Requesting copies of preparation materials if not received
• Completing all required preparation activities
• Ensuring occupants, tenants, employees, contractors, and other persons comply with preparation requirements
• Promptly notifying Company of any inability to complete required preparation

Company may rely upon Customer’s representation that required preparation has been completed.

Failure to properly complete preparation requirements may result in:

• Reduced effectiveness
• Additional charges
• Rescheduling fees
• Service delays
• Additional treatment requirements
• Denial of warranty coverage
• Suspension or cancellation of Services

to the extent permitted by law.

6.20 Customer Certification of Preparation

Where Company requires a preparation form, checklist, acknowledgment, certification, or similar document, Customer’s signature, electronic acknowledgment, verbal confirmation, text message confirmation, email confirmation, online confirmation, scheduling confirmation, service approval, or other approval constitutes certification that required preparation has been completed.

Company may rely upon such certification when performing Services.

6.21 Incomplete Preparation

If Company determines that required preparation has not been completed, Company may postpone, modify, limit, discontinue, or refuse Services.

Any resulting trip charges, rescheduling fees, additional labor charges, service attempt charges, or other authorized charges may be billed to Customer.

6.22 Failure to Request Missing Instructions

Customer is responsible for notifying Company if required preparation materials, instructions, checklists, notices, or forms have not been received.

Failure to request missing preparation materials before the scheduled Service does not excuse non-compliance with preparation requirements.

6.23 Duty to Protect Children and Vulnerable Persons

Customer is responsible for ensuring that children, elderly individuals, medically sensitive persons, disabled individuals, and other vulnerable occupants comply with all preparation instructions, re-entry requirements, safety restrictions, and Service-related notices.

Company is not responsible for failures by such persons to follow instructions communicated to Customer.

6.24 Customer Responsibility for Third Parties

Customer is responsible for the actions, omissions, interference, access restrictions, preparation failures, safety violations, equipment damage, and other conduct of tenants, occupants, guests, contractors, landscapers, maintenance personnel, cleaning crews, vendors, delivery personnel, and other third parties present at or servicing the Property.

6.25 Duty to Maintain Accurate Contact Information

Customer shall maintain accurate phone numbers, email addresses, mailing addresses, billing information, emergency contact information, and access information throughout the term of Services.

Failure to maintain accurate information may affect scheduling, warranties, service notifications, billing communications, and other Service-related matters.

6.26 Customer Responsibility for Utility Availability

Customer shall ensure reasonable availability of utilities necessary for Service performance, including water, electricity, internet connectivity, or other utilities when required for specific Services, monitoring systems, equipment operation, inspections, or treatment procedures.

Company is not responsible for delays, interruptions, reduced effectiveness, or equipment failures resulting from unavailable utilities.

6.27 Customer Responsibility for Property Boundary Identification

Customer shall identify any special service areas, property boundaries, easements, restricted areas, protected areas, environmentally sensitive areas, or treatment limitations before Services are performed.

Company may rely upon information provided by Customer regarding such areas.

6.28 Duty to Mitigate Damages

Customer agrees to take reasonable steps to prevent, minimize, or mitigate pest activity, property damage, contamination, equipment damage, safety hazards, moisture conditions, sanitation issues, or other conditions affecting the Property after becoming aware of such conditions.

Company is not responsible for damages, losses, costs, or conditions that could have been reasonably reduced, prevented, or mitigated by Customer.

6.29 No Self-Help Interference

Customer shall not intentionally interfere with, alter, remove, relocate, destroy, compromise, contaminate, or materially affect Company treatments, monitoring devices, bait stations, exclusion materials, monitoring systems, or service areas.

Customer shall promptly notify Company of any third-party treatment, pesticide application, exclusion work, repair work, construction activity, or other action that may affect Services.

6.30 Third-Party Services and Treatments

Customer agrees to promptly disclose pest control services, termite treatments, wildlife services, exclusion work, pesticide applications, sanitation treatments, monitoring systems, or other pest-related activities performed by third parties at the Property.

Company is not responsible for conditions resulting from third-party services or products.

6.31 Property Transfer and Change of Ownership

Customer shall promptly notify Company of any sale, transfer, lease, assignment, foreclosure, inheritance, probate transfer, or other ownership change affecting the Property.

Warranty coverage, service agreements, monitoring programs, subscriptions, and related rights may be affected by such changes.

6.32 Preservation of Evidence

Where Customer intends to assert a warranty claim, service dispute, equipment claim, damage claim, or similar complaint, Customer shall reasonably preserve relevant evidence and permit Company a reasonable opportunity to inspect the condition before alteration, repair, disposal, replacement, or destruction.

6.33 Emergency Conditions

Customer remains responsible for addressing emergency conditions affecting the Property, including structural failures, plumbing failures, sewage conditions, flooding, fire damage, utility failures, environmental hazards, and similar emergencies.

Company’s Services are not a substitute for emergency repair, restoration, remediation, construction, engineering, plumbing, electrical, environmental, medical, or safety services.

7. CHEMICAL, ALLERGEN & SAFETY DISCLOSURES

7.1 Product Compliance

Products are applied in accordance with applicable federal, state, and local laws, regulations, licensing requirements, and label directions.

Company may use pesticides, rodenticides, insecticides, growth regulators, repellents, monitoring products, sanitizers, disinfectants, exclusion materials, attractants, traps, monitoring devices, and related pest management products as appropriate for the Services provided.

7.2 Product Documentation

Product labels, Safety Data Sheets (SDS), treatment information, and related documentation may be provided electronically, through the Client Hub, by email, through service reports, or by other reasonable means.

Customer is responsible for reviewing such information upon request or when provided.

7.3 Re-Entry Responsibility

Customer shall comply with all label requirements, re-entry instructions, post-treatment instructions, ventilation requirements, drying requirements, occupancy restrictions, and other safety instructions communicated by Company.

Customer shall ensure treated areas are dry and safe for access by occupants, guests, tenants, employees, contractors, pets, livestock, and other animals before allowing entry.

Customer is responsible for communicating such instructions to all persons with access to the Property.

7.4 Allergen Notice

Certain products, attractants, monitoring materials, bait materials, traps, sanitizers, disinfectants, dusts, granules, aerosols, foams, repellents, exclusion materials, or other products may contain allergens or ingredients capable of causing allergic reactions in sensitive individuals.

Rodent monitoring devices, traps, or attractants may contain peanut-based, nut-based, grain-based, protein-based, food-based, or similar attractants.

Alternative attractants may be available upon Written Request submitted before Service.

7.5 Customer Duty to Disclose Sensitivities

Customer shall disclose known allergies, sensitivities, medical conditions, respiratory conditions, environmental sensitivities, chemical sensitivities, pregnancy-related concerns, immunocompromised conditions, service animal concerns, or other health-related issues that may affect Service planning.

Company may rely upon Customer’s disclosures.

7.6 Undisclosed Allergies and Sensitivities

Company shall not be responsible for allergic reactions, sensitivities, medical conditions, environmental reactions, or other conditions arising from allergies, sensitivities, or health conditions that were not disclosed to Company before Service, to the fullest extent permitted by law.

7.7 No Medical Advice

Company does not provide medical, veterinary, toxicological, pharmaceutical, environmental health, occupational health, or healthcare advice.

Customer should consult appropriate medical, veterinary, poison control, environmental health, or other qualified professionals regarding health-related questions.

7.8 Customer Responsibility for Occupants and Animals

Customer is responsible for informing occupants, guests, tenants, employees, contractors, household members, visitors, pets, livestock, service animals, emotional support animals, and other persons or animals present at the Property regarding treatment areas, safety instructions, re-entry requirements, and related precautions.

7.9 Exposure Reporting

Customer shall promptly notify Company of any claimed exposure, reaction, incident, spill, concern, or health-related complaint associated with Services.

Prompt notice allows Company an opportunity to investigate and respond.

7.10 No Guarantee of Health Outcomes

Company does not guarantee prevention of disease, illness, allergic reactions, bites, stings, contamination, infection, environmental exposure, or other health-related outcomes associated with pests, wildlife, environmental conditions, or the Property.

7.11 Label and Regulatory Compliance Controls

Where a conflict exists between customer instructions and applicable label requirements, safety requirements, regulatory requirements, licensing requirements, or professional judgment, Company shall follow applicable law, label directions, and safety requirements.

7.12 Customer Refusal of Recommended Safety Measures

Where Company recommends safety measures, preparation requirements, exclusion periods, ventilation requirements, sanitation measures, personal protective measures, or other precautions, Customer assumes responsibility for consequences arising from refusal or failure to follow such recommendations.

7.13 Third-Party Exposure Claims

Company is not responsible for exposure claims involving persons, animals, or property owners who were not under Company’s control and who entered treated areas contrary to instructions, warnings, restrictions, or re-entry requirements.

7.14 Safety Information Availability

Customer acknowledges that product information, labels, Safety Data Sheets (SDS), treatment reports, and related safety information are available upon request and may be provided electronically.

7.15 Survival

The disclosures, acknowledgments, assumptions of responsibility, and obligations contained in this Section survive completion, cancellation, termination, expiration, or suspension of Services.

7.16 Fish, Aquariums, Reptiles, Amphibians, Birds, and Exotic Animals

Customer shall disclose the presence of aquariums, fish tanks, reptiles, amphibians, birds, exotic animals, sensitive species, breeding programs, zoological collections, or similar animals before Service.

Customer is responsible for following all instructions regarding protection, relocation, covering, ventilation, isolation, or safeguarding of such animals.

Company is not responsible for conditions arising from failure to disclose such animals or failure to follow instructions.

7.17 Pollinator and Beneficial Species Disclosure

Customer shall disclose known beehives, pollinator habitats, butterfly habitats, beneficial insect colonies, apiaries, agricultural pollination operations, or similar conditions before Service.

Company may rely upon Customer disclosures when planning Services.

7.18 Sensitive Plants and Vegetation

Customer shall disclose sensitive plants, gardens, edible crops, greenhouses, hydroponic systems, organic gardens, specialty landscaping, rare plant collections, or other sensitive vegetation before Service.

Company is not responsible for conditions arising from undisclosed sensitive vegetation or failure to follow instructions.

7.19 Water Features and Aquatic Environments

Customer shall disclose ponds, streams, fountains, water gardens, koi ponds, aquaculture systems, aquatic habitats, or similar water features before Service.

Company may modify Service methods based upon such disclosures.

7.20 Food, Feed, and Consumable Products

Customer is responsible for protecting, removing, covering, storing, or otherwise safeguarding food, beverages, feed, supplements, medications, animal feed, and consumable products as instructed by Company.

7.21 Multiple Chemical Sensitivity and Extraordinary Conditions

Customer shall disclose any claimed multiple chemical sensitivity (MCS), environmental illness, extraordinary sensitivity condition, medically prescribed environmental restrictions, or similar condition before Service.

Company may modify, postpone, limit, or refuse Services based upon such disclosures.

7.21A Sensitive Occupants

Customer shall disclose the presence of pregnant individuals, infants, young children, elderly persons, immunocompromised individuals, medically sensitive persons, individuals with respiratory conditions, or other persons who may require special consideration before Service.

Company may modify, postpone, limit, or refuse Services based upon such disclosures.

Customer remains responsible for consulting appropriate medical professionals regarding any health-related concerns associated with Service activities, treatment products, treatment areas, or re-entry requirements.

Company does not provide medical advice, healthcare recommendations, risk assessments, exposure determinations, or suitability determinations for any individual.

7.22 Unknown or Unpredictable Reactions

Customer acknowledges that individual responses to environmental conditions, allergens, pests, pest byproducts, treatment products, sanitation products, wildlife conditions, and related factors may vary.

Company does not guarantee that all individuals or animals will experience identical outcomes.

7.23 Environmental Exposure Sources

Company is not responsible for environmental exposures, contaminants, allergens, pollutants, mold, mildew, fungi, bacteria, viruses, dust, pollen, smoke, odors, toxins, or similar conditions originating from sources outside Company’s control.

7.24 Emergency Medical Responsibility

In the event of a medical emergency, suspected exposure, allergic reaction, poisoning concern, animal illness, or other health-related event, Customer shall immediately contact appropriate emergency services, poison control, medical providers, veterinarians, or other qualified professionals.

Company is not responsible for providing emergency medical or veterinary services.

7.25 No Environmental Testing

Unless expressly stated in writing, Company does not perform environmental testing, air quality testing, mold testing, allergen testing, toxicology testing, contamination testing, laboratory analysis, or similar professional testing services.

7.26 No Guarantee of Sterility or Decontamination

Sanitation, sterilization, disinfecting, deodorizing, odor-control, microbial-control, or related Services are intended to reduce certain conditions but do not guarantee complete sterilization, decontamination, pathogen elimination, odor elimination, or removal of all biological contaminants unless expressly stated in writing.

7.27 Assumption of Risk

Customer acknowledges that pest management, sanitation, rodent control, wildlife control, exclusion work, monitoring systems, pesticide applications, disinfecting services, and related Services inherently involve risks, including but not limited to exposure to treatment products, allergens, pest debris, wildlife contaminants, environmental conditions, equipment, and treated surfaces.

Customer voluntarily assumes such inherent risks to the fullest extent permitted by law.

7.28 Failure to Follow Safety Instructions

Company shall not be responsible for injuries, illnesses, exposures, damages, losses, or claims arising from Customer’s failure to follow label directions, re-entry requirements, ventilation requirements, preparation requirements, safety instructions, post-treatment instructions, or occupancy restrictions.

7.29 Duty to Avoid Suspected Exposure

If Customer believes a treatment area presents a safety concern, exposure risk, contamination concern, or health concern, Customer shall immediately discontinue use of the affected area and promptly notify Company.

Continued use after awareness of a claimed concern may limit recovery to the fullest extent permitted by law.

7.30 Unknown Medical Conditions

Company is not responsible for medical conditions, sensitivities, allergies, vulnerabilities, reactions, disabilities, health conditions, or susceptibilities unknown to Company at the time Services are performed.

7.31 Animal Owner Responsibility

Customer remains solely responsible for monitoring, protecting, isolating, relocating, supervising, and caring for animals located at the Property before, during, and after Service.

7.32 No Reliance on Safety Opinions

Customer acknowledges that casual comments, estimates, opinions, observations, recommendations, or informal statements by technicians, inspectors, customer service representatives, sales personnel, automated systems, or artificial intelligence systems do not constitute medical advice, veterinary advice, toxicological advice, environmental advice, or safety certifications.

7.33 Opportunity to Investigate

Customer shall provide Company a reasonable opportunity to inspect and investigate any alleged exposure, injury, illness, reaction, contamination claim, animal claim, property claim, or similar allegation before alteration, remediation, disposal, destruction, repair, or replacement of relevant evidence.

7.34 No Public Health Certification

Unless expressly stated in writing, Company does not certify, guarantee, warrant, or represent that any Property is pathogen-free, disease-free, contamination-free, sterile, medically safe, environmentally safe, or suitable for any specific public health purpose.

7.35 Mold, Fungi, and Biological Contaminants

Unless expressly stated in writing, Company does not inspect for, identify, remediate, certify, test, monitor, eliminate, or guarantee the absence of mold, fungi, mildew, microbial contamination, biological contaminants, airborne contaminants, or indoor environmental conditions.

7.36 Pest-Borne Disease Disclosure

Customer acknowledges that rodents, insects, arachnids, mosquitoes, fleas, ticks, wildlife, birds, and other pests may carry, transmit, harbor, spread, or be associated with bacteria, viruses, parasites, allergens, fungi, pathogens, toxins, contaminants, and other disease-causing organisms.

Company’s Services are intended to reduce pest activity and pest-related risks but do not guarantee prevention, elimination, detection, diagnosis, monitoring, testing, identification, control, or transmission prevention of any disease, pathogen, bacteria, virus, parasite, allergen, toxin, or contaminant.

7.37 No Medical or Public Health Warranty

Company does not warrant, guarantee, certify, or represent that Services will prevent, eliminate, reduce, diagnose, monitor, identify, test for, or protect against any disease, illness, infection, contamination, pathogen exposure, public health condition, or medical condition.

7.38 Rodent and Wildlife Contamination Risks

Customer acknowledges that rodent activity, wildlife activity, droppings, urine, nesting materials, carcasses, parasites, and contaminated building materials may create health, contamination, odor, sanitation, air quality, environmental, or structural concerns.

Company does not guarantee identification, testing, monitoring, elimination, or remediation of all contamination associated with rodent or wildlife activity unless expressly stated in writing.

7.39 Mosquito, Flea, Tick, and Vector-Borne Disease Disclaimer

Mosquitoes, fleas, ticks, and other vector pests may carry diseases, viruses, parasites, bacteria, allergens, and other pathogens.

Company does not guarantee prevention of bites, stings, disease transmission, pathogen exposure, infection, or related health outcomes.

7.40 No Diagnostic or Laboratory Services

Unless expressly stated in writing, Company does not provide medical testing, veterinary testing, toxicology testing, pathogen testing, laboratory analysis, contamination testing, disease screening, environmental sampling, or diagnostic services.

7.41 No Guarantee of Indoor Air Quality

Company does not guarantee indoor air quality, environmental quality, allergen reduction, pathogen reduction, contamination elimination, odor elimination, respiratory safety, or health outcomes unless expressly stated in writing.

7.42 Informational Statements Only

Any information provided by Company regarding pests, diseases, pathogens, contamination risks, public health concerns, mortality statistics, health effects, or environmental conditions is provided for general informational purposes only and does not constitute medical advice, veterinary advice, public health advice, toxicological advice, environmental consulting, or professional healthcare guidance.

8. PAYMENT AUTHORIZATION & STORED CREDENTIALS

8.1 Payment Authorization

CUSTOMER AUTHORIZES COMPANY AND ITS AUTHORIZED THIRD-PARTY PAYMENT PROCESSORS TO STORE, TOKENIZE, UPDATE, MAINTAIN, AND PROCESS PAYMENT CREDENTIALS FOR RECURRING, MERCHANT-INITIATED, CARD-NOT-PRESENT, ACCOUNT-UPDATER, RETRY, AND RELATED PAYMENT TRANSACTIONS AUTHORIZED UNDER THIS AGREEMENT.

8.2 Scope of Authorization

Customer authorizes Company to charge any payment method provided by Customer for amounts due under this Agreement, including but not limited to:

• Service fees
• Initial service charges
• Recurring service charges
• Renewal fees
• Warranty renewals
• Equipment charges
• Equipment replacement charges
• Returned payment fees
• Late fees
• Access denial fees
• Trip charges
• Rescheduling fees
• Cancellation fees
• Administrative fees
• Collection costs
• Arbitration costs awarded under this Agreement
• Taxes
• Other amounts authorized under this Agreement

8.3 Automatic Renewal Billing

Recurring services, subscriptions, monitoring programs, warranties, service plans, and related programs automatically renew until properly cancelled in accordance with this Agreement.

Customer authorizes Company to process renewal charges using stored payment credentials.

8.4 Merchant-Initiated Transactions

Customer authorizes Company to initiate payment transactions without requiring a separate signature, approval, or authorization for each recurring charge, renewal charge, service charge, warranty renewal, or other authorized charge.

8.5 Account Updater Services

Customer authorizes Company, its payment processors, financial institutions, merchant service providers, and related vendors to utilize account updater services, card updater services, tokenization services, network updater services, and similar technologies to obtain updated payment credentials where available.

8.6 Failed Payments

If any payment is declined, rejected, reversed, disputed, returned, blocked, revoked, or otherwise unsuccessful, Company may:

• Retry payment
• Charge an alternative payment method on file
• Suspend Services
• Suspend warranties
• Require updated payment information
• Assess applicable fees
• Refer the account for collection

to the extent permitted by law.

8.7 Duty to Maintain Valid Payment Information

Customer shall maintain current, accurate, and valid payment information throughout the term of Services.

Failure to maintain valid payment information does not excuse payment obligations.

8.8 Chargeback and Dispute Notice

Customer agrees to notify Company and provide a reasonable opportunity to investigate and resolve billing concerns before initiating a chargeback, bank dispute, payment reversal, ACH dispute, card dispute, or similar payment challenge.

8.9 Authorization Records

Customer agrees that electronic records, service records, invoices, payment records, recurring billing records, online approvals, electronic signatures, recorded communications, Client Hub records, text messages, emails, website transactions, and business records may be used to establish payment authorization.

8.10 No Requirement for Signed Receipt

Customer acknowledges that recurring charges, merchant-initiated transactions, electronic transactions, online purchases, stored credential transactions, card-not-present transactions, and automatic renewals may occur without a separately signed receipt.

8.11 Allocation of Payments

Company may apply payments received in any order deemed appropriate, including application toward:

• Past-due balances
• Fees
• Interest
• Collection costs
• Service charges
• Warranty charges
• Current balances

8.12 Third-Party Payment Processors

Company utilizes third-party payment processors, including Stripe and other service providers, to facilitate payment transactions.

Customer acknowledges that payment processing services may be subject to the policies, procedures, security requirements, privacy practices, and operational requirements of such providers.

Company does not control and is not responsible for the actions, omissions, availability, security, errors, delays, outages, policies, or practices of third-party payment processors.

8.13 Payment Tokenization

Company generally does not store full payment card numbers.

Payment credentials may be stored, tokenized, encrypted, updated, maintained, or processed by authorized third-party payment processors on Company’s behalf.

8.14 Transmission Authorization

Customer authorizes Company to transmit payment information, billing information, account information, transaction information, and related data to authorized payment processors, financial institutions, software providers, and service providers as reasonably necessary to process payments and administer Services.

8.15 Electronic Billing

Customer consents to receive invoices, receipts, payment reminders, renewal notices, account statements, billing communications, payment confirmations, and related notices electronically.

Electronic delivery satisfies any requirement that such communications be provided in writing.

8.16 Returned Payments

Customer may be charged applicable returned payment fees, NSF fees, ACH return fees, reversal fees, administrative fees, and related charges resulting from unsuccessful payment transactions.

8.17 Continuing Authorization

Payment authorization remains effective until:

• All balances are paid in full;
• Services are properly cancelled under this Agreement;
• All renewal obligations are satisfied; and
• Company receives notice sufficient to revoke authorization where permitted by law.

Revocation of payment authorization does not eliminate outstanding payment obligations.

8.18 Partial Payments Do Not Satisfy Debt

Acceptance of a partial payment does not constitute full satisfaction, settlement, accord and satisfaction, compromise, waiver, or release of any remaining balance unless expressly agreed to by Company in a separate written agreement signed by an authorized Company representative.

8.19 Revoked Cards, Closed Accounts, and Payment Method Changes

Customer remains responsible for all amounts due under this Agreement regardless of card expiration, account closure, bank changes, revoked payment credentials, replacement cards, account freezes, or other payment method changes.

8.20 Third-Party Payments

Acceptance of payment from a third party does not relieve Customer of obligations under this Agreement.

Customer remains responsible for all charges regardless of the source of payment.

8.21 Payment Processor Errors

Company is not responsible for delays, failures, outages, errors, interruptions, reversals, processing delays, banking delays, settlement delays, or other issues arising from payment processors, financial institutions, card networks, ACH networks, software providers, or other third parties.

8.22 Disputed Services Do Not Suspend Payment

The existence of a service dispute, warranty claim, complaint, investigation, refund request, damage allegation, chargeback investigation, or similar matter does not suspend Customer’s payment obligations unless required by applicable law.

8.23 Collection Costs Continue to Accrue

Amounts referred for collection may continue to accrue applicable interest, fees, collection costs, attorney’s fees where permitted by law, arbitration costs, court costs, and other recoverable expenses until paid in full.

8.24 No Waiver Through Billing Delay

Failure by Company to immediately invoice, charge, collect, or enforce payment does not waive Company’s right to collect amounts owed.

8.25 Credit Balances

Company may apply account credits, overpayments, refunds, deposits, or other account balances toward amounts owed under this Agreement.

8.26 Payment Allocation Discretion

Company may determine the order in which payments are applied and is not required to apply payments to specific invoices, services, fees, or obligations requested by Customer.

8.27 Payment Obligations Survive Termination

Payment obligations survive cancellation, termination, expiration, suspension, property transfer, ownership changes, bankruptcy filings to the extent permitted by law, and completion of Services.

8.28 Abandoned Payment Disputes

Failure by Customer to actively participate in dispute resolution, chargeback proceedings, arbitration, litigation, collection efforts, or other proceedings does not eliminate Customer’s payment obligations.

8.29 Payment Method Ownership and Authority

Customer represents that Customer has authority to use any payment method submitted to Company for payment of Services.

If Customer submits payment information belonging to another person, business, trust, property owner, family member, spouse, tenant, landlord, property manager, or third party, Customer represents that Customer has obtained all necessary authorization from the payment method owner.

8.30 Third-Party Payment Authorization

Where a third-party payment method is used, Company may reasonably rely upon the submission and successful use of that payment method as evidence of authorization for the transaction being processed.

Company is not responsible for disputes between Customer and the owner of a payment method submitted for payment.

8.31 Responsibility to Remove or Replace Payment Methods

Customer is responsible for promptly notifying Company if a stored payment method should be removed, replaced, revoked, or no longer used for future billing.

Until Company receives notice and has a reasonable opportunity to update account records, Company may continue processing authorized recurring charges using payment credentials maintained by authorized payment processors.

8.32 Recurring Authorization Limited to Account Holder’s Authority

Submission of a payment method for a recurring service plan constitutes authorization for recurring charges associated with that service plan until the payment method is removed, replaced, revoked by the payment method owner, or the service is properly cancelled in accordance with this Agreement.

8.33 Duplicate Payments and Duplicate Submissions

Customer shall promptly notify Company of suspected duplicate charges, duplicate submissions, duplicate authorizations, or billing errors.

Company shall be provided a reasonable opportunity to investigate and correct any billing issue before chargebacks, reversals, or disputes are initiated.

8.34 Fraudulent Payment Information

Customer shall not provide stolen, unauthorized, fraudulent, expired, fictitious, or otherwise invalid payment information.

Customer remains responsible for losses, fees, chargebacks, collection costs, administrative costs, and damages arising from the use of unauthorized payment methods.

8.35 Unauthorized Account Access

Customer is responsible for maintaining the security of Customer’s account credentials, login credentials, devices, email accounts, phone numbers, and account access.

Company may reasonably rely upon actions performed through Customer’s account, Client Hub access, email account, telephone number, or other authenticated communication channel.

8.36 Clerical Errors

Clerical errors, typographical errors, invoicing errors, billing errors, mathematical errors, system errors, or administrative errors do not eliminate Customer’s obligation to pay amounts otherwise due under this Agreement.

Company may correct such errors upon discovery.

8.37 Software and Platform Failures

Company is not responsible for outages, interruptions, errors, delays, data loss, synchronization issues, software failures, platform failures, internet failures, communication failures, or technology-related issues affecting billing, notifications, invoices, payment processing, scheduling, account administration, or service communications.

8.38 Death, Incapacity, and Legal Disability

Payment obligations incurred before death, incapacity, guardianship, conservatorship, receivership, bankruptcy, or other legal disability remain enforceable against the responsible party, estate, trust, entity, or other legally responsible person to the extent permitted by law.

8.39 Successors and Assigns

Customer’s payment obligations extend to successors, assigns, merged entities, acquired entities, surviving entities, estates, trusts, and other legally responsible successors to the extent permitted by law.

8.40 Banking and Financial Institution Changes

Customer remains responsible for all amounts due regardless of banking changes, processor changes, financial institution changes, payment network changes, card reissuance, account conversions, or similar events.

8.41 No Reliance on Billing Estimates

Any billing examples, estimates, projections, illustrations, payment schedules, anticipated charges, or similar information provided before Service are estimates only and do not limit actual amounts owed under this Agreement.

8.42 Payment Disputes Do Not Cancel Services

Initiation of a chargeback, payment dispute, billing complaint, bank investigation, ACH reversal, card dispute, or payment reversal does not constitute cancellation of Services and does not eliminate Customer’s obligations under this Agreement.

8.43 No Offset or Withholding

Customer shall not withhold, offset, reduce, reverse, or delay payment based upon disputed services, warranty claims, service concerns, pending complaints, alleged damages, or other claims unless required by applicable law.

8.44 Survival

Customer’s payment obligations, authorizations, chargeback obligations, collection obligations, and related responsibilities survive completion, cancellation, termination, expiration, suspension, transfer, non-renewal, or modification of Services.

8.45 Returned Service Benefits

If a chargeback, reversal, payment dispute, ACH reversal, refund, or other recovery of funds results in a successful return of monies to Customer, Company may suspend, terminate, revoke, or deny associated warranties, monitoring services, recurring services, service plans, subscriptions, coverage benefits, renewal rights, equipment access, and related benefits until the account is brought current.

8.46 No Retroactive Refund Rights

Customer acknowledges that Services may require scheduling, labor allocation, route planning, equipment reservation, inventory allocation, licensing resources, administrative resources, travel expenses, and operational commitments.

Customer’s later change of mind, dissatisfaction unrelated to a breach of this Agreement, personal financial circumstances, relocation, sale of the Property, cancellation of plans, buyer’s remorse, or decision not to utilize Services does not create a right to a refund, reversal, chargeback, rescission, or cancellation of amounts otherwise earned by Company.

8.47 Earned Upon Performance

Fees for inspections, treatments, installations, monitoring services, subscriptions, recurring services, warranties, annual programs, seasonal programs, and related Services become earned when the applicable Service is performed, equipment is installed, coverage begins, monitoring commences, materials are allocated, or Company otherwise performs under this Agreement.

8.48 Chargebacks After Service Performance

Customer acknowledges that initiation of a chargeback, payment dispute, ACH reversal, or similar payment challenge after Company has performed Services, initiated coverage, installed equipment, commenced monitoring, allocated materials, or otherwise fulfilled contractual obligations may constitute a breach of this Agreement if the chargeback, dispute, or reversal lacks a valid legal basis.

Company reserves all rights and remedies available under this Agreement and applicable law.

8.49 Annual Service Allocation

For annual, seasonal, prepaid, warranty, monitoring, subscription-based, or coverage-based Services, pricing reflects Company’s commitment to provide coverage, availability, monitoring, warranty administration, inspection rights, scheduling availability, and related benefits throughout the applicable term.

Such pricing is not based solely upon the number of visits performed.

8.50 Cancellation Fees and Earned Administrative Charges

Customer acknowledges that cancellation fees, administrative fees, inspection reservation fees, scheduling fees, trip charges, access denial fees, and similar charges compensate Company for labor, scheduling, route planning, administrative costs, technician allocation, equipment allocation, inventory commitments, lost scheduling opportunities, and other resources committed in reliance upon Customer’s request for Services.

Such charges may become earned when Company allocates resources, reserves appointment availability, schedules personnel, commits inventory, performs administrative work, dispatches personnel, performs inspections, or otherwise incurs costs in connection with Customer’s requested Services, regardless of whether Customer later cancels, reschedules, refuses Service, sells the Property, changes plans, or otherwise elects not to proceed.

Customer’s decision to cancel, postpone, refuse, or discontinue Services does not automatically entitle Customer to a refund of earned fees, charges, deposits, or other amounts permitted under this Agreement.

8.51 Inspection and Consultation Fees

Inspection fees, consultation fees, diagnostic fees, evaluation fees, site visit fees, and similar charges compensate Company for professional expertise, scheduling commitments, travel, licensing, training, administrative work, reporting, documentation, recommendations, and related services, and are not based solely upon the length of time spent at the Property.

Such fees become earned when the inspection, consultation, evaluation, or site visit is performed.

8.52 Promotional Discounts and Bundled Pricing

Customer acknowledges that discounts, promotional pricing, bundled pricing, complimentary services, free inspections, free warranty periods, free activations, discounted initial services, discounted renewal rates, promotional credits, or similar incentives may be conditioned upon Customer’s participation in a service plan, subscription, warranty program, recurring service agreement, builder program, monitoring program, or other qualifying program.

If such qualifying program is cancelled, terminated, reversed through chargeback, rescinded, breached, or otherwise invalidated, Company may recover the value of discounts, promotional credits, complimentary services, bundled pricing adjustments, free services, free activations, or other incentives previously provided, to the fullest extent permitted by law.

9. CHARGEBACKS, CLAIMS & DISPUTE PROCEDURES

9.1 Pre-Dispute Notice

Before initiating a chargeback, payment dispute, arbitration, lawsuit, administrative complaint, regulatory complaint, demand letter, insurance claim, or other formal dispute arising from Services, Customer shall provide Written Notice to Company describing the dispute in reasonable detail and allow Company a reasonable opportunity to investigate and respond.

9.2 Opportunity to Cure

Customer shall provide Company a reasonable opportunity to inspect, investigate, correct, retreat, repair, replace, explain, respond to, or otherwise address the matter before initiating formal proceedings, to the extent permitted by law.

9.3 Inspection Before Repair, Alteration, or Replacement

Customer shall provide Company a reasonable opportunity to inspect any alleged damage, condition, defect, treatment issue, equipment issue, contamination claim, warranty claim, or other disputed condition before repair, replacement, alteration, disposal, destruction, remediation, modification, or corrective action is undertaken.

Failure to provide such opportunity may limit or bar related claims to the fullest extent permitted by law.

9.4 Preservation of Evidence

Customer shall reasonably preserve photographs, videos, equipment, monitoring devices, bait stations, invoices, reports, communications, damaged materials, and other evidence relevant to a dispute.

Failure to preserve relevant evidence may limit or bar related claims to the fullest extent permitted by law.

9.5 Company Records and Evidence

Customer agrees that Company may rely upon and present business records, including:

• Signed estimates
• Electronic signatures
• IP logs
• Device logs
• AVS verification
• CVV verification
• Payment processor records
• Stored credential records
• Authorization codes
• Service reports
• Photographs
• Videos
• GPS logs
• Route records
• Inspection reports
• Call recordings
• Emails
• Text messages
• Client Hub records
• Website records
• Internal business records

as evidence regarding Services, billing, authorizations, communications, and disputes.

9.6 Dispute Costs

If a chargeback, payment dispute, ACH reversal, card dispute, arbitration, lawsuit, or similar proceeding is resolved substantially in Company’s favor, Customer shall reimburse Company for processor fees, chargeback fees, dispute fees, administrative costs, collection costs, arbitration filing fees, expert costs, court costs where recoverable, and other recoverable expenses to the fullest extent permitted by law.

9.7 Duty to Cooperate

Customer shall reasonably cooperate with Company’s investigation of any dispute, claim, warranty request, service concern, payment dispute, or damage allegation.

Failure to cooperate may limit Company’s ability to investigate or resolve the matter.

9.8 No Self-Help Remedies

Except as required by law, Customer shall not engage in self-help remedies, chargebacks, payment reversals, offsets, withholding of payment, equipment removal, destruction of evidence, unauthorized repairs, or other unilateral actions without first providing Company a reasonable opportunity to investigate and respond.

9.9 Continuing Obligations During Disputes

The existence of a dispute does not automatically suspend Customer’s obligations under this Agreement, including payment obligations, access obligations, cooperation obligations, monitoring obligations, inspection obligations, renewal obligations, and warranty requirements.

9.10 No Admission of Liability

Investigations, inspections, communications, retreatments, repairs, warranty services, goodwill adjustments, refunds, credits, accommodations, negotiations, settlement discussions, or other efforts to resolve a dispute do not constitute an admission of liability, fault, wrongdoing, negligence, warranty coverage, or legal responsibility.

9.11 Good Faith Resolution

The parties agree to make reasonable good-faith efforts to resolve disputes before initiating arbitration or litigation.

9.12 Survival

The obligations contained in this Section survive cancellation, termination, expiration, suspension, completion, transfer, or non-renewal of Services.

9.13 Preservation of Electronic Communications

Customer shall reasonably preserve emails, text messages, call logs, voicemail messages, Client Hub communications, website communications, invoices, service reports, photographs, videos, screenshots, recordings, social media communications, and other electronically stored information relevant to a dispute.

Failure to preserve relevant communications or electronically stored information may limit or bar related claims to the fullest extent permitted by law.

9.14 Regulatory and Administrative Complaints

To the extent permitted by law, Customer agrees to provide Company Written Notice and a reasonable opportunity to investigate and respond before filing complaints with regulatory agencies, licensing agencies, consumer protection organizations, trade organizations, review platforms, or similar entities.

Nothing in this Agreement prohibits Customer from exercising rights protected by applicable law.

9.15 Duty to Mitigate Dispute Damages

Customer shall take reasonable steps to prevent, reduce, mitigate, or limit damages, losses, contamination, pest activity, property damage, equipment damage, health concerns, warranty issues, and other conditions forming the basis of a dispute.

Company shall not be responsible for damages or losses that could have been reasonably mitigated.

9.16 No Destruction of Evidence

Customer shall not intentionally destroy, alter, discard, conceal, repair, replace, modify, remediate, clean, sanitize, demolish, dispose of, or otherwise materially change evidence relevant to a dispute before Company has been provided a reasonable opportunity to inspect and document the condition.

Failure to comply may limit or bar related claims to the fullest extent permitted by law.

9.17 Social Media and Public Statements

Customer agrees that public reviews, social media posts, online complaints, internet postings, videos, recordings, photographs, statements, or other public communications may not contain knowingly false, misleading, fabricated, altered, defamatory, incomplete, manipulated, or materially inaccurate information regarding Company, its employees, Services, products, communications, or business practices.

Nothing in this Agreement restricts truthful statements, lawful reviews, protected consumer rights, or activities protected by applicable law.

9.18 Duty to Update Dispute Information

Customer shall promptly notify Company if facts, conditions, damages, communications, ownership information, contact information, payment information, or other information relevant to a dispute materially changes during the investigation or resolution process.

9.19 Dispute Documentation

Customer shall provide reasonable supporting documentation for disputed claims upon request, including photographs, invoices, repair estimates, receipts, reports, communications, witness information, inspection reports, or other reasonably available information relevant to the dispute.

9.20 Reservation of Rights

Investigation, communication, negotiation, inspection, retreatment, repair, warranty service, refund consideration, settlement discussions, or other dispute-resolution activities do not waive any rights, defenses, remedies, limitations, exclusions, disclaimers, or protections available to Company under this Agreement or applicable law.

9.21 Consistency of Dispute Statements

Company may rely upon statements, allegations, testimony, complaints, reviews, submissions, recordings, communications, and representations previously made by Customer when investigating, defending, evaluating, or resolving disputed matters.

Materially inconsistent statements may be considered when evaluating credibility, damages, causation, responsibility, and dispute resolution.

9.22 Duty to Identify Known Claims

Customer shall identify all known damages, losses, claims, concerns, alleged defects, disputed conditions, and related issues reasonably known at the time a dispute is initiated.

Company is not responsible for delays, additional costs, or investigative limitations resulting from piecemeal disclosure of claims.

9.23 Unauthorized Repairs and Remediation

Except in emergencies, Customer shall not incur substantial repair, remediation, replacement, corrective action, demolition, restoration, reconstruction, or similar expenses relating to a disputed condition without first providing Company a reasonable opportunity to inspect and evaluate the condition.

Failure to provide such opportunity may limit or bar related claims to the fullest extent permitted by law.

9.24 Independent Investigation Rights

Company may utilize employees, contractors, experts, consultants, inspectors, manufacturers, laboratories, engineers, veterinarians, environmental professionals, entomologists, accountants, software providers, payment processors, or other qualified persons to investigate disputed matters.

9.25 Third-Party Opinions

Company is not bound by opinions, conclusions, reports, estimates, statements, recommendations, diagnoses, assessments, or other determinations made by third parties.

9.26 No Presumption From Goodwill Actions

Retreatments, courtesy services, goodwill adjustments, discounts, refunds, credits, accommodations, inspections, consultations, customer-service actions, warranty reviews, investigations, or other voluntary actions do not constitute an admission of fault, liability, negligence, warranty coverage, wrongdoing, or legal responsibility.

9.27 No Presumption From Settlement Discussions

Settlement discussions, compromise offers, negotiations, refund discussions, repair discussions, warranty discussions, dispute-resolution efforts, mediation efforts, or similar communications shall not be construed as admissions of liability, fault, wrongdoing, negligence, warranty coverage, or legal responsibility.

9.28 Photographic and Electronic Evidence

Photographs, videos, GPS records, route records, monitoring records, service reports, inspection reports, call recordings, text messages, emails, Client Hub records, software records, electronic communications, payment records, scheduling records, website records, and similar business records maintained by Company may be used as evidence regarding services performed, property conditions, customer communications, authorization, scheduling, access, billing, and disputed matters.

10. RESCHEDULING, CANCELLATION, RENEWAL, SUSPENSION & TERMINATION

10.1 Business Hours

Company Business Hours are Monday through Friday, 8:00 AM to 6:00 PM Central Time, excluding Company-observed holidays.

10.2 Rescheduling Requests

Rescheduling requests must be received during Business Hours at least one Full Business Day before the scheduled appointment.

Rescheduling requests may be submitted only through:

• Client Hub
• Certified U.S. Mail

Company may honor other requests as a courtesy but is not required to do so.

10.3 Cancellation Requests

For the fastest and most reliable processing, cancellation requests are requested to be submitted through the Client Hub or by Certified U.S. Mail.

Company may, in its sole and absolute discretion, elect to treat other written communications as cancellation requests, but shall have no obligation to do so.

Only the Customer of record or a person authorized by the Customer may request cancellation. Company may require reasonable verification of account ownership, authority, identity, and cancellation intent before processing any request.

The sufficiency of such verification shall be determined solely by Company in its reasonable discretion. Company may request additional documentation, confirmations, information, or authentication measures before accepting, processing, or confirming a cancellation request.

Customer remains responsible for ensuring receipt of written confirmation from Company. Failure to receive written confirmation should be promptly reported to Company.

The parties expressly agree that actual notice alone shall not constitute cancellation and that written confirmation from Company is a material requirement of cancellation.

Cancellation shall not become effective unless and until Company provides written confirmation of cancellation.

Customer acknowledges that the absence of further communication from Company shall not be interpreted as acceptance, approval, or confirmation of cancellation.

Customer is responsible for maintaining accurate contact information. Company shall not be responsible for failed delivery, spam filtering, blocked communications, disconnected telephone numbers, inactive email addresses, or other communication failures beyond Company’s reasonable control.

Company may rely upon account records when determining authorized persons and shall have no liability for refusing requests submitted by persons whose authority cannot be reasonably verified.

Ambiguous, conditional, tentative, incomplete, or unclear communications shall not constitute cancellation requests.

Communications generated by automated systems, artificial intelligence systems, chatbots, virtual assistants, or third-party platforms shall not automatically constitute cancellation.

Cancellation of one Service does not constitute cancellation of any other Service unless expressly confirmed in writing by Company.

Cancellation of one Property, account, warranty, or Service Agreement does not automatically cancel any other Property, account, warranty, or Service Agreement.

Company may require legal documentation from executors, administrators, trustees, or other representatives before processing requests relating to deceased customers.

No statement, conduct, communication, course of dealing, prior accommodation, waiver, or past practice shall modify the cancellation requirements contained in this Agreement unless expressly confirmed in writing by Company.

Company’s acceptance of a cancellation request submitted through one communication method in one instance shall not obligate Company to accept the same communication method in any future instance.

Customer acknowledges that Company may continue to provide Services, issue invoices, process recurring payments, and enforce contractual obligations until cancellation becomes effective in accordance with this Agreement.

Customer acknowledges that cancellation requirements are material terms of this Agreement and were relied upon by Company in establishing pricing, scheduling, staffing, and service commitments.

10.4 Communications, Actions, And Events That Do Not Automatically Constitute Cancellation

The following communications, actions, events, or circumstances do not automatically constitute cancellation and may require additional verification, documentation, or written confirmation from Company:

• Verbal statements

• Telephone calls

• Voicemails

• Text messages

• Emails

• Social media messages

• Online reviews

• Website inquiries

• Service requests

• Customer service conversations

• Technician communications

• AI communications

• Payment disputes

• Chargebacks

• ACH reversals

• Failure to pay

• Removal of payment methods

• Property sale

• Property transfer

• Moving from the Property

• Vacating the Property

• Refusal of Service

• Access denial

• Account inactivity

• Returned mail

• Failure to respond to Company communications

• Non-use of Services

• Requests submitted by unauthorized persons

• Death of the Customer

No communication, action, event, or circumstance listed above shall constitute cancellation unless and until Company provides written confirmation of cancellation.

Company may, in its sole and absolute discretion, elect to treat certain communications as cancellation requests and may require additional verification, documentation, confirmations, or authentication measures before processing such requests.

10.5 Certified Mail Requirements

Certified mail cancellations must be delivered and signed for at:

WING 8 Pest Services
30 Mustang Court
Forney, Texas 75126

Proof of mailing alone does not constitute cancellation.

Cancellation becomes effective only upon actual receipt by Company.

10.6 Cancellation Effective Date

Cancellation becomes effective only after:

• Proper submission;
• Actual receipt by Company; and
• Expiration of any required notice period.

10.7 Customer Responsibility to Verify Cancellation

Customer is responsible for ensuring cancellation requirements have been satisfied.

Failure to complete required cancellation procedures does not invalidate charges incurred before cancellation becomes effective.

10.8 No Retroactive Cancellation

Cancellation requests apply prospectively only.

Customer may not retroactively cancel Services, invoices, charges, renewals, inspections, monitoring, warranties, subscriptions, service plans, or other obligations already earned or incurred.

10.9 Automatic Renewals

Recurring services, subscriptions, warranties, monitoring programs, inspections, service plans, and related programs automatically renew until properly cancelled under this Agreement.

10.10 Failure to Pay Is Not Cancellation

Non-payment, payment reversal, chargeback activity, card expiration, account closure, bank changes, ACH revocation, removal of payment methods, or other payment-related actions do not constitute cancellation.

10.11 Property Sale, Transfer, or Relocation

Sale of the Property, transfer of ownership, leasing, moving, relocation, vacancy, foreclosure, probate transfer, inheritance, or other changes affecting occupancy do not automatically cancel Services.

10.12 No Reliance on Informal Statements

Customer may not rely upon statements made by technicians, customer service representatives, AI systems, sales personnel, contractors, automated systems, or other personnel regarding cancellation unless confirmed through the cancellation methods required by this Agreement.

10.13 Suspension of Services

Company may suspend Services for:

• Non-payment
• Safety concerns
• Access denial
• Preparation failures
• Fraud concerns
• Regulatory concerns
• Equipment tampering
• Breach of Agreement

Suspension does not automatically terminate Services.

10.14 Termination by Company

Company may terminate Services at its discretion, subject to applicable law.

Termination does not eliminate Customer’s obligations incurred before termination.

10.15 No Prorated Refunds

PAYMENTS ARE NON-REFUNDABLE ONCE A BILLING PERIOD, COVERAGE PERIOD, WARRANTY PERIOD, MONITORING PERIOD, SUBSCRIPTION PERIOD, OR SERVICE TERM HAS BEGUN.

10.16 Cancellation Fees

Cancellation fees represent a reasonable estimate of administrative costs, scheduling commitments, technician allocation, route planning, inventory commitments, lost opportunities, and other damages arising from cancellation.

10.17 Survival

The provisions of this Section survive cancellation, termination, expiration, suspension, completion, transfer, or non-renewal of Services.

10.18 Cancellation During Chargeback or Payment Dispute

Initiation of a chargeback, ACH reversal, bank dispute, card dispute, payment complaint, or similar proceeding does not constitute cancellation and does not suspend the cancellation requirements of this Agreement.

10.19 Cancellation During Pending Dispute

The existence of a dispute, claim, complaint, investigation, arbitration, litigation, warranty review, or similar proceeding does not automatically terminate Services unless Company expressly confirms termination in writing.

10.20 Death, Incapacity, or Legal Disability

Death, incapacity, guardianship, conservatorship, receivership, bankruptcy, or other legal disability does not automatically terminate Services.

Company may require documentation and may determine appropriate account disposition consistent with applicable law.

10.21 Business Dissolution or Entity Changes

For commercial customers, dissolution, merger, acquisition, ownership changes, name changes, restructuring, or cessation of operations does not automatically terminate Services or eliminate obligations incurred before termination.

10.22 Foreclosure, Probate, and Property Transfers

Foreclosure, probate proceedings, inheritance, trust transfers, deed transfers, property transfers, or similar ownership changes do not automatically terminate Services.

10.23 Military Relocation and Government Orders

Military relocation, deployment, transfer orders, government reassignment, or similar circumstances do not automatically terminate Services unless otherwise required by applicable law.

Company may request reasonable supporting documentation.

10.24 Landlord-Tenant Changes

Changes in tenancy, lease expiration, eviction, new occupants, subleasing, landlord changes, property management changes, or similar occupancy changes do not automatically terminate Services.

10.25 Homeowners Association and Property Management Changes

Changes involving homeowners associations, condominium associations, property managers, management companies, community associations, or similar entities do not automatically terminate Services.

10.26 Refusal of Future Service

Refusal of future appointments, denial of access, cancellation of scheduled visits, removal of monitoring equipment access, or similar actions do not automatically terminate Services and may constitute breach of this Agreement if contractual obligations remain outstanding.

10.27 Account Abandonment

Failure to respond to communications, failure to update contact information, abandonment of the Property, vacancy, mail forwarding issues, disconnected telephone numbers, invalid email addresses, or similar circumstances do not automatically terminate Services.

10.28 Customer Responsibility for Contact Information

Customer shall maintain current mailing addresses, email addresses, telephone numbers, billing information, and contact information.

Company may rely upon the most recent contact information provided by Customer.

10.29 No Reliance on Renewal Notice Receipt

Customer’s failure to receive, review, open, read, access, acknowledge, or respond to invoices, reminders, renewal notices, emails, text messages, mailed notices, or other communications does not invalidate renewals, recurring billing, or contractual obligations.

10.30 Waiver Must Be Written

No waiver, exception, accommodation, extension, courtesy adjustment, or modification relating to cancellation, renewal, suspension, or termination shall be binding unless confirmed in writing by an authorized Company representative.

10.31 Company Election to Continue Service

Company’s decision to continue servicing an account, accept payment, communicate with Customer, investigate issues, or provide accommodations does not waive any cancellation requirements, renewal provisions, contractual rights, or remedies.

10.32 Survival of Customer Obligations

Customer obligations relating to cancellations, renewals, fees, billing, payment obligations, dispute obligations, warranties, monitoring services, chargebacks, collection efforts, and related responsibilities survive cancellation, suspension, termination, expiration, transfer, assignment, and completion of Services.

10.33 Client Hub Account Status

Customer acknowledges that active services, scheduled appointments, account status, recurring services, renewal status, and related account information may be available through the Client Hub.

Customer is responsible for reviewing account information available through the Client Hub.

The continued display of active services, recurring services, future appointments, renewal obligations, or other active account activity within the Client Hub may be considered evidence that Services remain active and have not been cancelled.

Customer shall promptly notify Company if Client Hub information appears inaccurate.

10.34 Scheduled Services Before Effective Cancellation

Appointments, inspections, monitoring activities, warranty obligations, recurring visits, renewal obligations, and other Services scheduled before cancellation becomes effective remain subject to this Agreement.

10.35 Cancellation Authority

Only the Customer, authorized account holder, legal owner, authorized business representative, or person with documented authority over the account may submit a cancellation request.

Company may require reasonable verification of authority before processing a cancellation request.

10.36 Service Interruptions

Weather delays, route delays, access issues, staffing issues, equipment issues, regulatory restrictions, emergencies, force majeure events, scheduling conflicts, or temporary service interruptions do not constitute cancellation, termination, or waiver of contractual obligations.

10.37 No Implied Termination

Termination, cancellation, suspension, non-renewal, waiver, release, or modification of Services shall not be implied from conduct, silence, non-payment, inactivity, lack of communication, course of dealing, or other circumstances.

Such actions must comply with the requirements of this Agreement.

10.38 Proof of Cancellation

The party asserting cancellation bears the burden of proving that cancellation was submitted in accordance with this Agreement.

Company records, including Client Hub records, account records, appointment records, timestamps, communications, software records, system logs, cancellation records, and related business records, may be relied upon to determine whether cancellation requirements were satisfied.

If Company records do not reflect receipt and processing of a cancellation request, cancellation shall be presumed not to have occurred unless Customer presents reliable evidence establishing compliance with the cancellation requirements of this Agreement.

10.39 Earned Charges Survive Cancellation

Cancellation does not eliminate responsibility for fees, charges, obligations, warranties, monitoring fees, inspections, administrative charges, cancellation fees, collection costs, or other amounts earned or incurred before cancellation becomes effective.

10.40 Reservation of Rights

Company’s acceptance of a cancellation request, processing of a cancellation, suspension of Services, or termination of an account does not waive any rights, remedies, defenses, claims, fees, charges, obligations, or protections available under this Agreement or applicable law.

10.41 Electronic Cancellation Records

Electronic records maintained by Company, including Client Hub records, account records, timestamps, emails, system logs, software records, communications, and related business records, may be relied upon to determine whether a cancellation request was submitted, received, processed, confirmed, or completed.

10.42 Domestic and Ownership Disputes

Company is not responsible for resolving disputes between spouses, former spouses, co-owners, family members, occupants, tenants, landlords, trustees, beneficiaries, business partners, property managers, or other persons claiming authority over an account.

Company may require documentation establishing authority before processing account changes, cancellations, transfers, or service modifications.

10.43 Client Hub Access Issues

Temporary inability to access the Client Hub, forgotten passwords, account lockouts, device failures, internet issues, software issues, email issues, or similar access problems do not automatically terminate Services or excuse compliance with cancellation requirements.

Alternative cancellation methods remain available under this Agreement.

10.44 Property Destruction or Casualty Loss

Fire, flood, storm damage, tornado, hurricane, collapse, condemnation, casualty loss, or other property damage does not automatically terminate Services.

Company may evaluate such situations on a case-by-case basis and may require reasonable documentation.

10.45 Customer Acknowledgement of Renewal Obligations

Customer acknowledges that recurring services, warranties, monitoring programs, subscriptions, inspections, service plans, and related services may automatically renew and continue until properly cancelled under this Agreement.

10.46 No Cancellation by Inaction

Customer acknowledges that cancellation requires affirmative action in accordance with this Agreement.

Inaction, silence, non-payment, failure to respond, abandonment, inactivity, assumptions regarding account status, removal of payment methods, or failure to schedule service do not constitute cancellation.

10.47 Fixed-Term Agreements

Certain Services may be subject to minimum service terms, contract durations, monitoring commitments, warranty periods, promotional periods, equipment commitments, financing arrangements, service agreements, or other fixed contractual obligations.

Customer acknowledges that Company may rely upon the full anticipated contract term when establishing pricing, providing discounts, waiving fees, supplying equipment, allocating resources, extending promotional offers, providing complimentary services, performing installations, deploying monitoring equipment, or otherwise entering into the Agreement.

Cancellation, termination, suspension, non-renewal, relocation, property transfer, vacancy, sale of the Property, cessation of Services, refusal of Service, access denial, non-payment, chargeback activity, account closure, or any other event does not eliminate obligations arising from such fixed-term commitments.

10.48 Early Termination Liability

If Customer terminates, breaches, abandons, refuses, suspends, or otherwise fails to complete a fixed-term agreement before expiration of the agreed term, Customer remains responsible for all amounts due under the Agreement, including cancellation fees, early termination charges, contract buyout amounts, monitoring fees, equipment charges, promotional recovery charges, remaining contract balances, and other amounts expressly authorized by the applicable Service Agreement.

10.49 Contract Buyout Obligation

For any Service Agreement containing a minimum service term, Customer acknowledges and agrees that early termination does not eliminate the obligation to satisfy the remaining contractual term.

Unless otherwise specified in the applicable Service Agreement, Customer shall remain responsible for all unpaid amounts that would have become due during the remainder of the minimum contract term.

Customer expressly agrees that Company may recover such amounts as liquidated damages, accelerated charges, contract buyout obligations, remaining contract balances, or other amounts expressly authorized under the applicable Service Agreement, to the fullest extent permitted by law.

10.50 Cancellation Fees Separate From Contract Obligations

Customer acknowledges that cancellation fees compensate Company for administrative costs, scheduling impacts, route planning, technician allocation, inventory commitments, and other cancellation-related expenses.

Cancellation fees are separate from and in addition to any remaining contractual obligations, contract buyout amounts, equipment charges, monitoring commitments, promotional recovery charges, remaining contract balances, or other amounts owed under a fixed-term agreement.

Payment of a cancellation fee alone does not satisfy obligations arising from an unexpired contract term.

10.51 Equipment Recovery Upon Cancellation

Upon cancellation, termination, expiration, suspension, non-renewal, transfer of ownership, or completion of Services, Company may recover, remove, inspect, deactivate, disable, replace, or retrieve Company Equipment.

Customer shall provide reasonable access for equipment recovery.

Equipment ownership, replacement charges, retrieval rights, and related obligations are governed by Section 11.

10.52 Death, Incapacity, and Legal Disability Obligations

Obligations incurred before death, incapacity, guardianship, conservatorship, receivership, bankruptcy, or other legal disability remain enforceable against the account, estate, trust, business entity, guarantor, or other legally responsible party to the fullest extent permitted by law.

10.53 Successors and Assigns

To the fullest extent permitted by law, this Agreement and all cancellation, renewal, payment, equipment, warranty, monitoring, dispute-resolution, and related obligations apply to Customer and Customer’s heirs, executors, administrators, trustees, successors, assigns, personal representatives, agents, and authorized representatives.

11. EQUIPMENT, MONITORING DEVICES & COMPANY PROPERTY

11.1 Definition of Company Equipment

“Company Equipment” includes all equipment, monitoring devices, bait stations, traps, sensors, monitoring hardware, electronic devices, fly lights, termite stations, monitoring stations, software-enabled devices, artificial intelligence systems, communication devices, wireless devices, cloud-connected devices, replacement components, accessories, loaned equipment, rental equipment, proprietary hardware, proprietary software, and related materials installed, deployed, provided, serviced, monitored, maintained, or utilized by Company in connection with Services.

Company Equipment includes, but is not limited to, SMART®, NGROUND®, HALO®, monitoring systems, sensors, bait stations, traps, and future technologies utilized by Company.

11.2 Ownership of Company Equipment

Unless expressly stated otherwise in a separate written agreement signed by an authorized Company representative, all Company Equipment remains the sole and exclusive property of Company at all times.

Customer acquires no ownership rights in Company Equipment.

11.3 No Transfer of Ownership

Installation, deployment, placement, servicing, monitoring, maintenance, recurring service charges, monitoring fees, subscription fees, installation fees, warranty fees, replacement charges, equipment charges, service fees, or any other payment made by Customer does not transfer ownership of Company Equipment.

No ownership interest, possessory interest, security interest, equitable interest, lien right, or other property right in Company Equipment is transferred to Customer unless expressly stated in a separate written agreement signed by Company.

11.4 Equipment Remains Personal Property

Company Equipment remains personal property of Company and shall not become a fixture, improvement, appurtenance, or part of the real property solely because it is installed, attached, mounted, deployed, serviced, monitored, maintained, or located at the Property.

11.5 Customer Duty to Protect Equipment

Customer shall exercise reasonable care to protect Company Equipment from loss, theft, vandalism, destruction, misuse, tampering, landscaping activities, construction activities, vehicle damage, animal damage, weather-related damage, utility work, contractor activities, and unauthorized removal.

11.6 Equipment Tampering Prohibited

Customer shall not relocate, remove, disconnect, disable, obstruct, alter, modify, repair, disassemble, open, damage, conceal, interfere with, or tamper with Company Equipment without Company’s prior written consent.

11.7 Duty to Report Equipment Issues

Customer shall promptly notify Company of any lost, stolen, damaged, malfunctioning, missing, vandalized, inaccessible, relocated, disconnected, or otherwise compromised Company Equipment.

11.8 Monitoring and Technology Limitations

Monitoring systems, sensors, artificial intelligence systems, automated systems, connectivity systems, communication systems, batteries, software, hardware, cloud systems, and related technologies may fail, malfunction, experience interruptions, generate inaccurate information, experience delays, lose connectivity, miss activity, generate false positives, generate false negatives, or otherwise fail to perform as intended.

Customer acknowledges that no monitoring system is infallible.

11.9 No Guarantee of Detection

Company does not guarantee that Company Equipment will detect all pest activity, termite activity, rodent activity, wildlife activity, environmental conditions, sanitation issues, insect activity, structural conditions, health hazards, safety hazards, or other conditions.

The absence of alerts, notifications, reports, detections, or activity records does not establish the absence of activity or conditions at the Property.

11.10 No Security System or Life-Safety System

Company Equipment is not a security system, burglar alarm, fire alarm, life-safety system, environmental monitoring system, medical device, health monitoring system, emergency response system, insurance product, or guarantee against loss, injury, illness, property damage, infestation, contamination, or other conditions.

11.11 Customer Access Does Not Create Ownership

Customer’s possession, use, access to, proximity to, maintenance of, or interaction with Company Equipment does not create ownership rights, possessory rights, security interests, equitable interests, or other legal interests in Company Equipment.

11.12 Company Access to Equipment

Customer authorizes Company to access, inspect, monitor, service, repair, maintain, replace, upgrade, deactivate, disable, retrieve, remove, recover, or otherwise interact with Company Equipment during the course of Services and as otherwise permitted by this Agreement.

Customer shall provide reasonable access to Company Equipment.

11.13 Equipment Retrieval Rights

Company may recover, remove, retrieve, inspect, disable, deactivate, replace, or recover Company Equipment following cancellation, termination, expiration, suspension, transfer of ownership, default, breach of Agreement, completion of Services, or other account events.

Customer shall provide reasonable access for equipment recovery.

11.14 Property Transfers and Changes in Possession

Sale of the Property, transfer of ownership, leasing, vacancy, foreclosure, probate transfer, inheritance, trust transfer, tenant change, property management change, occupancy change, or other transfer of possession does not transfer ownership of Company Equipment.

Customer remains responsible for complying with this Agreement regarding Company Equipment unless Company expressly agrees otherwise in writing.

11.15 No Abandonment

Company’s failure to immediately recover, remove, retrieve, inspect, replace, deactivate, disable, service, or otherwise interact with Company Equipment does not constitute abandonment, transfer of ownership, gift, waiver, relinquishment of rights, or surrender of ownership.

Company retains all ownership rights unless expressly transferred through a separate written agreement signed by Company.

11.16 Missing, Lost, Stolen, or Damaged Equipment

Customer is responsible for Company Equipment that is lost, stolen, destroyed, vandalized, damaged, tampered with, relocated without authorization, withheld from recovery, inaccessible, discarded, abandoned, or otherwise unavailable for retrieval.

11.17 Replacement Charges

Customer shall reimburse Company for replacement costs, handling costs, programming costs, configuration costs, shipping costs, labor costs, installation costs, monitoring costs, administrative costs, recovery costs, and other reasonable costs associated with lost, stolen, damaged, missing, inaccessible, or unreturned Company Equipment.

11.18 Published Equipment Pricing

Replacement charges may be established through service agreements, estimates, invoices, monitoring agreements, commercial agreements, warranties, pricing schedules, service plans, account documents, or other Company records.

Company may rely upon such published replacement pricing when assessing equipment replacement charges.

11.19 Replacement Charges Not Limited to Fair Market Value

Customer acknowledges that published replacement charges may include administrative costs, programming costs, configuration costs, installation costs, monitoring costs, inventory costs, handling costs, shipping costs, labor costs, and related expenses and are not limited to the fair market value of the physical device alone.

11.20 Third-Party Damage or Removal

Customer remains responsible for Company Equipment damaged, removed, relocated, destroyed, tampered with, discarded, stolen, obstructed, or rendered inaccessible by contractors, landscapers, lawn service providers, pool companies, irrigation companies, utility providers, tenants, guests, family members, property managers, homeowners associations, governmental entities, animals, or other third parties.

11.21 Refusal of Equipment Recovery

If Customer refuses, obstructs, delays, restricts, interferes with, or prevents recovery of Company Equipment, Customer remains responsible for replacement costs, recovery expenses, collection costs, legal expenses where recoverable, and other damages arising from such refusal.

11.22 Inaccessible Equipment

Customer is responsible for costs associated with Company Equipment that becomes inaccessible due to landscaping, construction, fencing, paving, hardscaping, grading, irrigation work, pools, decks, additions, remodeling, utility work, or other property modifications occurring after installation.

11.23 Condition Documentation

Company may document the condition, location, operation, installation, maintenance, servicing, replacement, retrieval, recovery, or removal of Company Equipment through photographs, videos, inspection reports, monitoring records, service reports, GPS records, software records, or other business records.

Such records may be relied upon as evidence regarding equipment condition and status.

11.24 Property Transfer Notification

Customer shall notify Company before any sale, transfer, lease, assignment, foreclosure, probate transfer, inheritance, trust transfer, change in occupancy, change in management, or other change affecting possession of Property where Company Equipment is located.

11.25 Customer Responsibility After Property Transfer

Failure to notify Company before a transfer of ownership, possession, occupancy, tenancy, management, or control of the Property does not eliminate Customer’s responsibility for Company Equipment that cannot be recovered due to such transfer.

11.26 New Owner or Occupant Possession

Possession, use, control, occupancy, access, or retention of Company Equipment by a subsequent owner, tenant, occupant, property manager, association, receiver, trustee, or other third party does not transfer ownership of Company Equipment.

11.27 Equipment Substitution, Upgrades, and Modifications

Company may replace, upgrade, modify, discontinue, substitute, retire, update, reconfigure, relocate, enhance, or otherwise alter equipment, monitoring technologies, software, sensors, communication systems, monitoring platforms, artificial intelligence systems, reporting systems, or related technologies at its discretion.

11.28 Artificial Intelligence and Automated Systems

Monitoring systems, artificial intelligence systems, automated reporting systems, predictive systems, notifications, alerts, analytics platforms, automated communications, machine-learning systems, and related technologies may contain errors, omissions, inaccuracies, delays, false positives, false negatives, connectivity failures, interruptions, or other limitations.

Customer acknowledges that such systems are tools intended to assist service delivery and are not guarantees of accuracy, detection, prediction, prevention, or performance.

11.29 Connectivity and Cloud Services

Company is not responsible for failures, delays, interruptions, outages, inaccuracies, limitations, or performance issues arising from internet providers, cellular networks, satellite providers, cloud providers, software vendors, hardware manufacturers, utility interruptions, power outages, communication systems, third-party platforms, or other external services.

11.30 Monitoring Data and Records

Monitoring data, activity logs, sensor readings, device records, inspection records, service reports, trend reports, analytics, notifications, communications, photographs, videos, artificial intelligence outputs, and related records generated or maintained by Company may be used for operational, compliance, quality assurance, training, documentation, legal, warranty, service, billing, safety, and dispute-resolution purposes.

11.31 Data Ownership

To the fullest extent permitted by law, monitoring data, analytics, trend reports, artificial intelligence outputs, monitoring records, service records, device logs, communications records, software records, and related business records generated or maintained by Company remain Company records.

Nothing in this Agreement transfers ownership of such records to Customer.

11.32 Mistaken Installation or Deployment

If Company Equipment is installed, deployed, serviced, monitored, maintained, or located at an incorrect property, structure, suite, tenant space, unit, location, or area, Company may recover, relocate, remove, replace, deactivate, disable, or otherwise correct such deployment without waiving ownership rights.

11.33 Governmental Action

Customer shall reasonably cooperate in preserving Company Equipment if Property becomes subject to condemnation, seizure, eminent domain, governmental action, regulatory closure, receivership, court order, or similar proceedings affecting access to the Property.

11.34 Bankruptcy and Insolvency

Bankruptcy, insolvency proceedings, receivership, assignment for the benefit of creditors, reorganization, dissolution, liquidation, or similar proceedings do not transfer ownership of Company Equipment.

Company retains all ownership rights to Company Equipment to the fullest extent permitted by law.

11.35 Software and Intellectual Property

Customer acquires no ownership interest in Company software, firmware, monitoring platforms, artificial intelligence systems, analytics systems, reporting systems, dashboards, configurations, trade secrets, trademarks, copyrighted materials, proprietary processes, proprietary methodologies, business systems, or related intellectual property.

All such rights remain the exclusive property of Company or its licensors.

11.36 Reverse Engineering Prohibited

Customer shall not disassemble, reverse engineer, modify, duplicate, copy, extract, access, interfere with, bypass, attempt to derive source code from, or otherwise attempt to obtain proprietary information relating to Company Equipment, software, firmware, communication systems, artificial intelligence systems, monitoring logic, monitoring platforms, or related technologies.

11.37 Equipment Provided as Part of Service

Except as expressly stated in a separate written agreement, Company Equipment is provided as part of a service program and is not sold as a consumer product.

Company does not provide separate equipment warranties unless expressly stated in writing.

11.38 Survival

The provisions of this Section, including ownership rights, recovery rights, replacement obligations, payment obligations, intellectual property protections, data ownership provisions, monitoring provisions, equipment restrictions, and related rights and obligations, survive cancellation, termination, expiration, suspension, transfer, assignment, bankruptcy, property transfer, completion of Services, and other account events.

11.39 Service Equipment Use Rights

Customer acknowledges that Company Equipment is provided solely for use in connection with Company’s Services and does not convey ownership, possessory rights, security interests, liens, licenses, leasehold interests, or other ownership rights to Customer.

11.40 Unauthorized Removal Or Disposal

Unauthorized removal, disposal, destruction, concealment, relocation, transfer, sale, abandonment, modification, withholding, refusal to return, or interference with Company Equipment constitutes damage to Company property.

Customer shall remain responsible for all replacement costs, recovery costs, administrative costs, and related charges associated with such conduct.

12. WARRANTY VOID CONDITIONS

12.1 Unauthorized Treatments

Warranty coverage is void if Customer or any third party applies pesticides, insecticides, rodenticides, repellents, fumigants, termite products, bait products, exclusion products, traps, monitoring products, wildlife products, or similar treatments without Company’s prior written approval.

12.2 Third-Party Pest Services

Warranty coverage is void if Customer engages another pest control company, wildlife company, termite company, mosquito company, rodent company, contractor, consultant, or similar provider to perform services addressing conditions covered by Company’s warranty.

12.3 DIY Products

Warranty coverage is void if Customer uses over-the-counter, consumer, agricultural, commercial, online-purchased, or homemade pest-control products affecting covered pests or covered areas.

12.4 Failure To Follow Instructions

Warranty coverage is void if Customer fails to follow treatment instructions, preparation requirements, sanitation recommendations, monitoring requirements, exclusion recommendations, safety instructions, re-entry instructions, or other written recommendations.

12.5 Equipment Interference

Warranty coverage is void if Customer relocates, removes, disconnects, obstructs, tampers with, damages, disables, covers, modifies, or interferes with Company Equipment.

12.6 Access Denial

Warranty coverage is void if Customer fails to provide reasonable access for inspections, monitoring, maintenance, warranty service, retreatments, equipment servicing, equipment recovery, or other services reasonably required by Company.

12.7 Non-Payment

Warranty coverage is automatically suspended during any period in which the account is delinquent, unpaid, disputed, charged back, reversed, subject to ACH reversal, subject to financing dispute, subject to collection activity, or otherwise not in good standing.

Coverage shall remain suspended until all outstanding obligations have been satisfied and Company determines eligibility for reinstatement.

12.8 Property Conditions

Warranty coverage is void if Customer fails to correct conditions identified by Company that materially contribute to pest activity, termite activity, rodent activity, wildlife activity, mosquito breeding, sanitation deficiencies, moisture issues, structural vulnerabilities, harborage conditions, conducive conditions, or similar circumstances.

12.9 Concealment Or Misrepresentation

Warranty coverage is void if Customer conceals, misrepresents, falsifies, omits, or fails to disclose information material to warranty eligibility, coverage, pest activity, equipment status, property conditions, service history, prior treatments, prior infestations, structural conditions, or warranty claims.

12.10 Property Modifications

Warranty coverage is void if Customer performs construction, remodeling, excavation, landscaping, grading, irrigation work, demolition, additions, structural alterations, foundation work, roofing work, insulation work, moisture-control work, or similar modifications that materially affect the area covered by the warranty without notifying Company.

12.11 Transfer Of Property

Warranty coverage automatically terminates upon sale, transfer, foreclosure, probate transfer, assignment, inheritance, trust transfer, lease transfer, change of ownership, or other transfer of possession unless Company expressly authorizes transfer of coverage in writing.

12.12 Failure To Report Problems

Warranty coverage may be denied if Customer becomes aware of pest activity, termite activity, rodent activity, equipment damage, monitoring issues, warranty-related conditions, structural concerns, conducive conditions, or other covered conditions and fails to notify Company within a reasonable period after discovery.

12.13 Cumulative Effect

Any act, omission, condition, interference, misrepresentation, breach, non-compliance, or other conduct that materially impairs Company’s ability to inspect, monitor, diagnose, prevent, detect, control, treat, retreat, verify, or evaluate covered conditions may result in suspension, limitation, denial, or voiding of warranty coverage.

12.14 Warranty Reinstatement

If warranty coverage is suspended or voided, Company may require inspection, retreatment, monitoring, waiting periods, corrective action, documentation, fees, account reinstatement, or other conditions before coverage may be reinstated.

Company reserves the sole right to determine whether reinstatement is available.

12.15 Failure To Maintain Required Service Schedule

Warranty coverage is suspended or void if Customer fails to maintain required service intervals, monitoring schedules, inspection schedules, renewal requirements, follow-up appointments, retreatments, warranty inspections, or other service requirements established by Company.

12.16 Force Majeure Conditions

Warranty coverage does not apply to pest activity, termite activity, equipment failures, monitoring interruptions, property conditions, infestations, re-infestations, delays, or other issues arising directly or indirectly from natural disasters, severe weather, flooding, drought, hurricanes, tornadoes, wildfires, acts of God, governmental actions, utility failures, civil disturbances, labor shortages, supply chain disruptions, pandemics, epidemics, or events beyond Company’s reasonable control.

12.17 Conditions Beyond Company’s Control

Warranty coverage does not apply to conditions, infestations, activity, damages, re-infestations, or recurring issues caused or materially contributed to by neighboring properties, untreated adjacent structures, wildlife migration, environmental conditions, sanitation deficiencies, moisture conditions, structural defects, construction activities, tenant activity, imported materials, furniture, appliances, deliveries, landscaping materials, or other external factors beyond Company’s reasonable control.

12.18 Coverage Limited To Covered Services

Warranty coverage applies only to the specific pests, conditions, monitoring services, warranties, programs, devices, treatments, structures, areas, or services expressly identified in the applicable Service Agreement.

No warranty extends to services, pests, structures, conditions, devices, programs, or coverage not expressly included.

12.19 No Guarantee Of Future Conditions

Warranty coverage does not guarantee that future pest activity, termite activity, rodent activity, mosquito activity, wildlife activity, infestations, re-infestations, property conditions, contamination, disease transmission, or other covered conditions will never occur.

Warranty coverage provides only the protection expressly stated in the applicable Service Agreement.

12.20 Warranty Eligibility Determination

Company reserves the right to inspect, investigate, document, evaluate, monitor, test, and determine whether warranty coverage applies to a reported condition.

Warranty service may be denied if Company reasonably determines that a warranty exclusion, limitation, void condition, eligibility issue, customer breach, or other disqualifying circumstance exists.

12.21 No Expansion Of Warranty Coverage

Statements by technicians, customer service representatives, sales personnel, contractors, automated systems, artificial intelligence systems, marketing materials, advertisements, website content, social media content, estimates, proposals, reviews, recommendations, or other communications shall not expand warranty coverage beyond the terms expressly stated in the applicable Service Agreement and this Agreement.

12.22 Failure To Disclose Prior Treatments

Warranty coverage may be suspended, limited, denied, or voided if Customer fails to disclose prior pest-control treatments, termite treatments, rodent treatments, wildlife treatments, monitoring systems, bait systems, chemical applications, exclusion work, structural repairs, sanitation work, or other conditions materially affecting Company’s ability to evaluate, monitor, inspect, diagnose, or treat covered conditions.

12.23 Failure To Preserve Conditions

Warranty coverage may be denied if Customer alters, removes, destroys, repairs, replaces, conceals, sanitizes, demolishes, remediates, discards, cleans, or otherwise changes conditions relevant to a warranty claim before Company is given a reasonable opportunity to inspect, document, evaluate, and verify the condition.

12.24 Unauthorized Repairs

Warranty coverage does not apply to repairs, corrective actions, remediation, reconstruction, replacement, restoration, demolition, exclusion work, sanitation work, insulation work, structural work, or other corrective measures performed without first providing Company a reasonable opportunity to inspect and evaluate the condition.

12.25 Duty To Mitigate

Customer shall take reasonable steps to prevent, reduce, mitigate, and limit damages, pest activity, termite activity, rodent activity, wildlife activity, moisture conditions, sanitation conditions, contamination, and other covered conditions.

Warranty coverage may be limited to the extent damages, losses, or conditions could have been reasonably mitigated.

12.26 Fraudulent Or Misleading Claims

Warranty coverage is void if Customer submits fraudulent, altered, fabricated, misleading, materially inaccurate, intentionally incomplete, or deceptive information, documentation, photographs, videos, reports, invoices, communications, receipts, specimens, monitoring records, or other materials relating to a warranty claim.

12.27 Failure To Maintain Program Eligibility

Warranty coverage may be suspended, limited, denied, or voided if Customer fails to maintain eligibility requirements established for the applicable service, warranty, monitoring program, inspection program, subscription, protection plan, renewal program, or service agreement.

12.28 Partial Voidance

A warranty exclusion, suspension, limitation, denial, or void condition affecting one service, pest, device, structure, area, warranty, claim, monitoring program, or protection plan does not automatically affect unrelated coverage unless expressly stated by Company.

12.29 Burden Of Proof

Customer bears the burden of establishing eligibility for warranty coverage.

Company may require inspections, photographs, videos, documentation, reports, communications, invoices, receipts, monitoring data, access, or other information reasonably necessary to evaluate coverage.

12.30 Reservation Of Rights

Investigation, inspection, monitoring, communication, retreatment, consultation, warranty review, claim review, repair discussions, corrective action discussions, goodwill accommodations, or other actions by Company do not constitute an admission that warranty coverage exists, that a claim is valid, or that Company is responsible for the reported condition.

12.31 No Waiver Through Courtesy Services

Courtesy services, goodwill services, complimentary inspections, discounted services, free retreatments, service credits, refunds, adjustments, accommodations, consultations, or other voluntary actions by Company do not expand warranty coverage and do not waive any warranty exclusions, limitations, disclaimers, eligibility requirements, or void conditions.

12.32 Failure To Renew Coverage

Warranty coverage automatically terminates upon expiration of any required renewal period if renewal requirements, inspection requirements, monitoring requirements, service requirements, or payment requirements are not satisfied.

12.33 Changes In Covered Structure

Warranty coverage may be suspended, limited, denied, or voided if additions, remodels, structural modifications, room additions, detached structures, accessory buildings, renovations, conversions, expansions, or similar changes materially affect covered areas.

12.34 Unauthorized Transfer Of Warranty

Warranty coverage may not be assigned, transferred, sold, conveyed, inherited, delegated, pledged, or otherwise transferred except as expressly authorized by Company in writing.

12.35 Failure To Maintain Monitoring Equipment

Warranty coverage may be suspended, limited, denied, or voided if monitoring devices, monitoring stations, sensors, bait stations, fly lights, communication devices, monitoring platforms, or other Company Equipment cannot operate as intended due to Customer action, inaction, interference, obstruction, neglect, misuse, tampering, damage, relocation, removal, or failure to provide access.

12.36 Pre-Existing Conditions

Warranty coverage does not apply to conditions, infestations, structural damage, contamination, activity, deficiencies, conducive conditions, or circumstances existing before the effective date of coverage unless expressly stated in writing by Company.

12.37 Untreated Areas

Warranty coverage applies only to areas, structures, systems, devices, locations, improvements, and property components expressly included within the applicable Service Agreement.

Areas, structures, locations, systems, devices, or improvements not specifically covered shall be excluded from warranty coverage.

12.38 Reintroduction From External Sources

Warranty coverage may be limited, denied, or voided when pest activity, termite activity, rodent activity, wildlife activity, mosquito activity, infestations, or re-infestations are caused or materially contributed to by neighboring properties, adjacent structures, tenant activity, visitor activity, imported materials, deliveries, furniture, appliances, vehicles, landscaping materials, construction materials, utility work, environmental conditions, or other external sources beyond Company’s reasonable control.

12.39 Refusal Of Corrective Measures

Warranty coverage may be suspended, limited, denied, or voided if Customer declines corrective measures, repairs, exclusion work, sanitation improvements, moisture corrections, structural repairs, monitoring recommendations, conducive-condition corrections, equipment recommendations, or other corrective actions reasonably recommended by Company.

12.40 Seasonal And Biological Variability

Customer acknowledges that pest populations, wildlife activity, environmental conditions, breeding cycles, migration patterns, weather conditions, moisture conditions, food sources, harborage conditions, and other biological factors may vary substantially and are not fully controllable by Company.

Warranty coverage does not guarantee identical results across all seasons, years, properties, environmental conditions, or geographic areas.

12.41 Regulatory Restrictions

Warranty coverage may be limited where laws, regulations, permit requirements, homeowner association rules, deed restrictions, environmental restrictions, governmental requirements, manufacturer requirements, or regulatory requirements restrict treatment methods, treatment frequency, equipment placement, monitoring activities, access, product selection, or service delivery.

12.42 Courtesy Services Not Admission Of Liability

Any retreatment, inspection, monitoring, consultation, repair discussion, service credit, discount, refund, accommodation, goodwill gesture, courtesy service, complimentary service, voluntary action, or customer accommodation provided by Company shall not constitute an admission of liability, warranty coverage, fault, negligence, responsibility, coverage determination, or legal obligation.

12.43 Immediate Warranty Suspension Events

Warranty coverage may be suspended immediately upon:

• Chargeback activity

• ACH reversal

• Payment dispute

• Financing dispute

• Account delinquency

• Refusal of inspection

• Refusal of access

• Failure to preserve evidence

• Interference with Company Equipment

• Failure to maintain required service eligibility

Warranty coverage may remain suspended until Company determines that all applicable deficiencies have been corrected.

12.44 Existing Warranties And Third-Party Guarantees

Warranty coverage may be suspended, limited, denied, or voided if Customer maintains conflicting warranties, guarantees, monitoring agreements, service agreements, protection plans, or treatment programs with third parties that affect Company’s ability to evaluate, monitor, inspect, diagnose, treat, verify, or administer coverage.

12.45 Customer Cooperation Requirement

Warranty coverage requires Customer’s ongoing cooperation with reasonable inspection requests, monitoring activities, access requests, documentation requests, service recommendations, corrective measures, and other actions reasonably necessary for Company to administer, evaluate, verify, maintain, or perform warranty coverage.

Failure to cooperate may result in suspension, limitation, denial, or voiding of warranty coverage.

13. SAFETY & REFUSAL OF SERVICE

13.1 Unsafe Conditions

Company may suspend, postpone, limit, modify, discontinue, terminate, or refuse Services if Company determines that conditions at the Property present an actual or potential safety risk to employees, contractors, customers, occupants, visitors, animals, equipment, vehicles, or property.

13.2 Sole Safety Determination

Company shall have sole discretion to determine whether conditions are unsafe for service.

Company’s determination of unsafe conditions shall be final for purposes of scheduling, delaying, suspending, modifying, or refusing Services.

13.3 Examples Of Unsafe Conditions

Unsafe conditions may include, but are not limited to:

• Aggressive animals

• Unrestrained pets

• Threatening behavior

• Harassment

• Violence

• Weapons

• Criminal activity

• Excessive clutter

• Hoarding conditions

• Biohazards

• Human waste

• Animal waste

• Mold conditions

• Structural instability

• Fire damage

• Flooding

• Electrical hazards

• Chemical hazards

• Unsafe roofing conditions

• Unsafe ladders

• Unsafe attic conditions

• Unsafe crawlspaces

• Environmental hazards

• Illegal substances

• Insect swarms

• Dangerous wildlife

• Any condition Company reasonably believes presents a risk of injury or property damage

13.4 Aggressive Animals

Customer shall secure all pets, animals, livestock, and other animals before Company arrives.

Company may refuse service if animals are not properly secured.

13.5 Harassment And Abuse

Company may immediately suspend or terminate Services if Customer, occupants, tenants, guests, agents, contractors, or other individuals engage in harassment, abuse, threats, intimidation, discrimination, hostile conduct, inappropriate behavior, or unsafe conduct toward Company personnel.

13.6 Refusal Of Unsafe Access

Company is not required to enter any area, structure, attic, crawlspace, roof, basement, utility area, mechanical area, enclosure, or location that Company reasonably believes is unsafe.

13.7 Service5 Delay Due To Unsafe Conditions

If unsafe conditions prevent service completion, Company may reschedule, postpone, modify, partially perform, or refuse Services until such conditions are corrected.

13.8 Customer Responsibility For Corrective Action

Customer shall be responsible for correcting unsafe conditions before service resumes.

Company shall not be responsible for delays, reduced effectiveness, warranty impacts, monitoring interruptions, scheduling impacts, or other consequences resulting from unsafe conditions.

13.9 Emergency Situations

Company may immediately leave the Property, discontinue service, contact emergency services, contact law enforcement, or otherwise take actions reasonably necessary to protect persons or property when Company believes an emergency situation exists.

13.10 Refusal Does Not Waive Payment Obligations

Company’s suspension, postponement, limitation, modification, or refusal of Services due to unsafe conditions does not automatically relieve Customer of payment obligations, contract obligations, monitoring obligations, cancellation obligations, equipment obligations, or other responsibilities under this Agreement.

13.11 Access Denial And Safety Charges

If Company personnel arrive and are unable to perform scheduled Services due to unsafe conditions, denied access, unrestrained animals, hazardous conditions, occupant interference, or similar circumstances beyond Company’s control, Company may assess applicable access denial fees, trip charges, service charges, inspection charges, or rescheduling charges.

13.12 Future Service Eligibility

Company reserves the right to permanently refuse future Services, terminate existing Services, decline renewal, refuse warranty coverage, refuse monitoring services, or refuse future business relationships if unsafe conditions persist or recur.

13.13 Intoxicated Persons

Company may refuse, suspend, postpone, terminate, or discontinue Services if Company personnel reasonably believe that any person present at the Property is impaired by alcohol, drugs, controlled substances, medication, or other intoxicants in a manner that may create a safety risk.

13.14 Illegal Activity

Company may immediately refuse, suspend, terminate, or discontinue Services if illegal activity, suspected illegal activity, controlled substances, illegal weapons, criminal conduct, or unlawful operations are observed or reasonably suspected at the Property.

13.15 Hazardous Materials

Company is not responsible for identifying, testing, monitoring, handling, removing, reporting, remediating, or managing asbestos, lead, hazardous chemicals, hazardous waste, toxic substances, biohazards, mold, fungi, contaminants, bloodborne pathogens, sewage, or other hazardous materials.

13.16 Occupant Interference

Company may suspend, modify, postpone, terminate, or refuse Services if occupants, tenants, guests, contractors, vendors, property managers, homeowners associations, or other third parties interfere with Company’s ability to safely perform Services.

13.17 Photography And Documentation

Company may photograph, video record, document, measure, inspect, monitor, or otherwise record conditions relevant to safety, service performance, property conditions, equipment status, warranty administration, compliance, dispute resolution, quality assurance, training, operational purposes, or legal documentation.

13.18 Refusal Does Not Create Liability

Company’s refusal, postponement, suspension, modification, limitation, or termination of Services due to safety concerns shall not create liability for subsequent pest activity, termite activity, rodent activity, wildlife activity, property damage, contamination, infestations, monitoring interruptions, delays, or other conditions occurring after such refusal.

13.19 Governmental Or Regulatory Orders

Company may suspend, postpone, modify, or terminate Services when required by governmental authorities, regulatory agencies, law enforcement, court orders, emergency declarations, permit restrictions, public health orders, or similar legal requirements.

13.20 Protection Of Personnel

Company shall have no obligation to place employees, contractors, agents, vehicles, equipment, or property at risk of injury, illness, damage, loss, theft, contamination, or unsafe conditions in order to perform Services.

13.21 Customer Assumption Of Responsibility

If Company refuses, postpones, limits, modifies, suspends, or terminates Services due to unsafe conditions, Customer assumes responsibility for correcting such conditions before future Services may be performed.

13.22 No Waiver By Prior Service

Company’s prior willingness to service a Property does not waive Company’s right to later determine that conditions are unsafe and refuse future Services.

13.23 Employee Stop-Work Authority

Any Company employee, technician, contractor, supervisor, manager, or authorized representative may immediately stop work and leave the Property if they reasonably believe a safety risk exists.

Such action shall not constitute breach of this Agreement.

13.24 Refusal Of Unsafe Weather Conditions

Company may postpone, modify, limit, suspend, discontinue, or refuse Services due to rain, lightning, hail, ice, flooding, high winds, extreme temperatures, severe weather, unsafe driving conditions, or other weather-related hazards.

13.25 Vehicle And Equipment Safety

Company may refuse, postpone, suspend, or modify Services if road conditions, driveway conditions, terrain conditions, access routes, gates, bridges, surfaces, parking conditions, vegetation, obstructions, or property conditions create a risk of damage to Company vehicles, trailers, equipment, tools, or property.

13.26 Unsecured Animals And Livestock

Customer shall secure all pets, livestock, service animals, emotional support animals, exotic animals, and other animals before Company personnel arrive.

Company shall not be responsible for animals that escape, become agitated, become injured, become ill, or otherwise react during service activities.

13.27 Dangerous Structures

Company may refuse entry into structures, attics, crawlspaces, roofs, decks, sheds, barns, garages, fences, retaining walls, outbuildings, or other areas that appear unstable, deteriorated, unsafe, structurally compromised, or otherwise hazardous.

13.28 Firearms And Weapons

Company may suspend, postpone, terminate, or refuse Services if firearms, weapons, explosives, ammunition, incendiary devices, or similar items are displayed, handled, used, brandished, or present in a manner that Company reasonably believes creates a safety concern.

13.29 Customer Responsibility For Property Conditions

Customer is solely responsible for maintaining safe property conditions, safe access routes, adequate lighting, structural integrity, hazard-free work areas, and safe conditions necessary for Company personnel to perform Services.

13.30 Exposure To Bodily Injury Risks

Company may refuse or discontinue Services where conditions create unreasonable risk of bodily injury, illness, infection, contamination, animal attack, falls, electrical shock, burns, chemical exposure, respiratory hazards, heat-related illness, or other safety concerns.

13.31 Third-Party Safety Conditions

Company shall not be responsible for delays, interruptions, cancellations, modifications, warranty impacts, or scheduling impacts resulting from unsafe conditions created by neighboring properties, contractors, utility providers, governmental entities, tenants, guests, vendors, delivery personnel, or other third parties.

13.32 Service Modification Authority

Company may modify treatment methods, equipment, service procedures, inspection procedures, monitoring activities, access methods, scheduling, technician assignments, or service scope when reasonably necessary to protect personnel, equipment, vehicles, property, or public safety.

13.33 No Duty To Rescue Property

Company personnel are not required to move furniture, remove debris, relocate personal property, enter dangerous areas, retrieve animals, recover property, climb unsafe structures, remove hazards, or otherwise expose themselves to unreasonable risk in order to perform Services.

13.34 Safety Determinations Final

Customer acknowledges that Company’s safety determinations are made to protect personnel, equipment, vehicles, property, and the public.

Company’s determination that a condition is unsafe shall be final for purposes of scheduling, access, service delivery, modification, postponement, suspension, termination, or refusal of Services.

13.35 Zero-Tolerance Safety Policy

Company maintains a zero-tolerance policy regarding threats, intimidation, harassment, discrimination, physical aggression, stalking, abusive conduct, unsafe behavior, retaliation, or conduct that causes Company personnel to reasonably fear for their safety.

Any such conduct may result in immediate suspension, termination, or permanent refusal of Services without further notice.

13.36 Unsafe Customer Requests

Company personnel shall not be required to comply with customer instructions, requests, directions, procedures, treatment methods, access requests, or service requests that Company reasonably believes create safety risks, violate law, violate product labeling requirements, violate regulatory requirements, violate manufacturer requirements, violate Company policies, or otherwise create unreasonable risk.

13.37 Recording And Surveillance

Customer acknowledges that security cameras, surveillance systems, doorbell cameras, monitoring systems, audio recording devices, video recording devices, and similar technologies may be present on the Property.

Customer may record activities occurring on the Property in accordance with applicable law.

Company personnel may also create photographs, videos, audio recordings, notes, measurements, inspection records, monitoring records, service records, GPS records, and other documentation relating to Services.

Customer agrees that recordings, photographs, videos, service reports, inspection reports, monitoring records, GPS records, electronic signatures, communications, and other business records may be used for quality assurance, training, safety, warranty administration, dispute resolution, collections, arbitration, litigation, regulatory compliance, and other legitimate business purposes.

Customer shall not selectively edit, alter, manipulate, misrepresent, falsify, or present recordings in a misleading manner in connection with any dispute, claim, complaint, regulatory proceeding, arbitration, litigation, review platform, social media platform, or public communication.

13.38 Infectious Disease Exposure

Company may postpone, modify, suspend, terminate, or refuse Services if Company reasonably believes that conditions at the Property create elevated risk of exposure to infectious diseases, communicable illnesses, biological hazards, public health concerns, quarantine conditions, contamination risks, or similar health hazards.

13.39 No Duty To Enter Confined Spaces

Company personnel are not required to enter confined spaces, restricted spaces, hazardous spaces, utility vaults, tanks, pits, shafts, unsafe crawlspaces, unsafe attics, utility chases, inaccessible voids, or other areas that Company reasonably believes present elevated risk.

13.40 Service Refusal Does Not Constitute Breach

Company’s refusal, postponement, suspension, limitation, modification, or termination of Services pursuant to this Section shall not constitute breach of contract, breach of warranty, negligence, abandonment, waiver, failure to perform, or other violation of this Agreement.

13.41 Safety Provisions Survive Disputes

The rights, protections, authorities, remedies, limitations, and procedures contained in this Section survive cancellation, termination, expiration, suspension, dispute, arbitration, litigation, property transfer, account closure, and completion of Services.

13.42 Height And Accessibility Limitations

Company is not required to access roofs, elevated surfaces, upper stories, steep slopes, elevated structures, unsafe ladders, unsafe climbing locations, elevated equipment, elevated utility areas, towers, elevated platforms, or other locations that Company reasonably determines cannot be safely accessed.

13.43 Elevated Pest Activity

Certain pest activity, nests, colonies, entry points, harborage locations, monitoring locations, or treatment areas may be located in elevated, concealed, inaccessible, restricted, unsafe, or otherwise unreachable locations.

Company does not guarantee treatment, removal, monitoring, inspection, servicing, or access to locations that cannot be safely accessed.

13.44 Ladder And Roof Access

Company reserves the right to refuse ladder use, roof access, climbing activities, elevated work, elevated inspections, elevated treatments, or other access methods when Company reasonably determines such activities create safety risks to personnel, equipment, vehicles, property, or the public.

13.45 Service Scope Limitations

Unless expressly stated in writing, Services do not include unlimited-height treatment, rope access, fall-protection systems, aerial lift operations, scaffolding, crane access, specialty climbing, confined-space entry, structural engineering, construction activities, demolition activities, roof walking, elevated rescue activities, or other specialized access methods.

13.46 Alternative Treatment Methods

Where elevated, inaccessible, restricted, obstructed, unsafe, hazardous, or otherwise unreachable conditions exist, Company may utilize alternative treatment methods, modify the scope of service, recommend third-party services, postpone treatment, partially perform treatment, or decline treatment entirely without constituting breach of this Agreement.

13.47 No Guarantee Of Nest Removal

Treatment of stinging insects, wasps, hornets, bees, mud daubers, yellowjackets, or similar pests does not guarantee physical removal of nests, hives, combs, mud structures, abandoned nesting materials, staining, residue, structural remnants, or visible evidence of nesting activity unless expressly included in writing.

Removal of nests or related materials may require separate services and additional charges.

13.48 Hidden Hazards

Company shall not be responsible for identifying, locating, marking, testing, verifying, avoiding, repairing, or preventing damage to concealed utilities, concealed wiring, concealed plumbing, concealed irrigation components, concealed communication lines, concealed structural defects, hidden hazards, unknown conditions, underground systems, or other conditions not reasonably visible at the time of service.

13.49 Hazard Disclosure

Customer shall disclose known hazards including:

• Electrical hazards

• Structural hazards

• Aggressive animals

• Hazardous materials

• Unsafe flooring

• Unsafe roofing

• Unsafe attic conditions

• Unsafe crawlspace conditions

• Known utility issues

• Other known dangerous conditions

Failure to disclose known hazards may result in suspension, limitation, postponement, modification, or refusal of Services.

13.50 Undisclosed Hazard Responsibility

Customer shall be responsible for damages, losses, expenses, claims, injuries, liabilities, costs, delays, or other consequences arising from hazards, conditions, defects, or dangers known to Customer but not disclosed to Company before service.

13.51 Recording Interference

Company reserves the right to suspend, modify, postpone, or terminate Services if recording activities, livestreaming activities, media activities, interviews, content creation activities, social media activities, or other conduct interfere with safe and effective service performance.

14. DUTY TO MITIGATE DAMAGES

14.1 Duty To Mitigate

Customer shall take reasonable steps to prevent, reduce, mitigate, and limit damages, pest activity, termite activity, rodent activity, wildlife activity, moisture conditions, contamination, property damage, sanitation deficiencies, equipment damage, and other losses after becoming aware of such conditions.

14.2 Continuing Responsibility

Customer’s duty to mitigate applies regardless of whether a claim, warranty request, dispute, chargeback, financing dispute, insurance claim, arbitration demand, lawsuit, regulatory complaint, or other proceeding is pending.

14.3 Preventable Losses

Company shall not be responsible for damages, losses, expenses, costs, repairs, remediation, contamination, infestations, or other conditions that could have been reasonably prevented, reduced, avoided, corrected, limited, or mitigated by Customer.

14.4 Prompt Reporting Requirement

Customer shall promptly notify Company upon discovery of conditions that may give rise to a warranty claim, service issue, dispute, pest activity, termite activity, rodent activity, equipment issue, property condition, or other potentially compensable event.

14.5 Duty To Preserve Evidence

Customer shall preserve evidence reasonably related to any claim, dispute, warranty request, chargeback, financing dispute, arbitration demand, insurance claim, regulatory complaint, or legal proceeding, including photographs, videos, damaged materials, pest specimens, monitoring records, communications, invoices, reports, and related documentation.

14.6 Opportunity To Inspect

Customer shall provide Company a reasonable opportunity to inspect, document, evaluate, monitor, and investigate any reported condition before corrective action, repair, replacement, remediation, reconstruction, demolition, sanitation work, or other alteration occurs.

14.7 No Unauthorized Corrective Action

Customer shall not undertake or authorize corrective action, repairs, remediation, reconstruction, demolition, restoration, exclusion work, sanitation work, insulation work, or other corrective measures and later seek reimbursement without first providing Company a reasonable opportunity to inspect and evaluate the condition.

14.8 Duty To Protect Property

Customer shall take reasonable steps to protect property from further damage, contamination, infestation, deterioration, moisture intrusion, structural impact, or similar conditions after discovery.

14.9 Cooperation Requirement

Customer shall reasonably cooperate with Company’s requests for access, inspections, monitoring, documentation, communications, evidence preservation, corrective measures, and other actions necessary to investigate or address reported conditions.

14.10 Failure To Mitigate

Failure to comply with this Section may result in reduction, limitation, denial, suspension, or elimination of recovery, reimbursement, warranty coverage, guarantees, remedies, claims, damages, or other relief to the fullest extent permitted by law.

14.11 No Expansion Of Liability

Customer’s mitigation efforts, communications with Company, cooperation with inspections, preservation of evidence, or compliance with this Section shall not create liability, expand warranty coverage, expand guarantees, or increase Company’s obligations beyond those expressly stated in this Agreement.

14.12 Survival

The obligations contained in this Section survive cancellation, termination, expiration, suspension, dispute, arbitration, litigation, property transfer, account closure, and completion of Services.

14.13 Insurance Cooperation

Customer shall reasonably cooperate with insurance investigations, financing investigations, warranty investigations, dispute investigations, regulatory investigations, and other legitimate inquiries relating to reported conditions, claims, losses, or damages.

14.14 No Spoliation Of Evidence

Customer shall not intentionally destroy, alter, conceal, discard, fabricate, manipulate, or otherwise impair evidence relevant to any claim, dispute, warranty request, insurance claim, financing dispute, arbitration proceeding, regulatory proceeding, or legal action.

Intentional destruction or alteration of evidence may result in denial, limitation, reduction, or elimination of claims, remedies, recovery, reimbursement, warranty coverage, or other relief.

14.15 Emergency Mitigation Exception

Nothing in this Section prohibits Customer from taking reasonable emergency measures necessary to prevent imminent bodily injury, significant property damage, active flooding, active fire damage, active structural collapse, or other immediate emergency conditions.

Customer shall nevertheless notify Company as soon as reasonably possible and preserve evidence to the extent reasonably practicable.

14.16 No Recovery For Self-Inflicted Losses

Customer may not recover damages, costs, expenses, remediation costs, repair costs, replacement costs, or other losses caused by Customer’s own actions, omissions, delays, neglect, interference, unauthorized corrective measures, failure to cooperate, failure to mitigate, or violation of this Agreement.

14.17 Duty To Follow Professional Recommendations

Customer shall reasonably consider and implement recommendations provided by Company relating to sanitation, moisture control, structural conditions, exclusion work, monitoring, pest-conducive conditions, safety concerns, or other conditions affecting the effectiveness of Services.

Failure to follow such recommendations may reduce, limit, suspend, deny, or eliminate available remedies, warranty coverage, guarantees, claims, or recovery.

14.18 Mitigation Costs

Company shall not be responsible for mitigation costs, contractor costs, consultant costs, expert fees, inspection fees, testing costs, engineering fees, restoration costs, remediation costs, relocation costs, hotel costs, temporary housing costs, or similar expenses incurred without Company’s prior written authorization.

14.19 Customer Burden Regarding Damages

Customer bears the burden of establishing the existence, extent, cause, timing, and amount of any claimed damages, losses, expenses, repairs, remediation costs, or other recovery sought from Company.

14.20 Mitigation Provisions Control

In the event Customer fails to comply with the obligations contained in this Section, Company may rely upon such failure as a defense, limitation, reduction, offset, bar, or elimination of any claim, demand, dispute, warranty request, reimbursement request, arbitration demand, regulatory complaint, or legal action to the fullest extent permitted by law.

14.21 Duty To Preserve Access

15. LIMITATION OF LIABILITY

15.1 Consequential Damages Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, ENHANCED, MULTIPLE, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, EQUIPMENT, INSPECTIONS, MONITORING ACTIVITIES, WARRANTIES, RE-TREATMENTS, CONSULTATIONS, RECOMMENDATIONS, REPORTS, OR ANY ACT OR OMISSION OF COMPANY.

15.2 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR:

• Lost profits

• Lost revenue

• Lost income

• Loss of business opportunity

• Rental income loss

• Business interruption

• Loss of use

• Loss of enjoyment

• Loss of goodwill

• Loss of reputation

• Emotional distress

• Mental anguish

• Pain and suffering

• Property value reduction

• Stigma damages

• Hotel expenses

• Relocation expenses

• Temporary housing expenses

• Storage expenses

• Moving expenses

• Financing costs

• Interest expenses

• Consultant fees

• Expert witness fees

• Engineering fees

• Testing fees

• Environmental remediation costs

• Mold remediation costs

• Mildew remediation costs

• Fungus remediation costs

• Air-quality remediation costs

• Odor remediation costs

• Decontamination costs

• Reconstruction costs

• Restoration costs

• Demolition costs

• Similar expenses, losses, damages, or costs.

15.3 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, EQUIPMENT, INSPECTIONS, MONITORING ACTIVITIES, WARRANTIES, RE-TREATMENTS, CLAIMS, LOSSES, DAMAGES, DISPUTES, OR OTHER EVENTS SHALL NOT EXCEED THE GREATER OF:

• FIVE HUNDRED DOLLARS ($500.00); OR

• THE TOTAL AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMIT APPLIES IN THE AGGREGATE AND NOT PER CLAIM, PER OCCURRENCE, PER SERVICE, OR PER THEORY OF LIABILITY.

15.4 Sole Remedy

CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE RE-INSPECTION, RE-TREATMENT, RE-SERVICE, OR OTHER CORRECTIVE SERVICE PROVIDED BY COMPANY, AS DETERMINED BY COMPANY IN ITS REASONABLE DISCRETION.

CUSTOMER WAIVES ALL OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

15.5 No Pest-Free Guarantee

CUSTOMER ACKNOWLEDGES THAT NO PEST CONTROL, TERMITE CONTROL, RODENT CONTROL, WILDLIFE CONTROL, MOSQUITO CONTROL, SANITATION, MONITORING, EXCLUSION, OR RELATED SERVICE CAN GUARANTEE A PEST-FREE, TERMITE-FREE, RODENT-FREE, MOSQUITO-FREE, WILDLIFE-FREE, INSECT-FREE, OR INFESTATION-FREE ENVIRONMENT.

PEST ACTIVITY MAY OCCUR, RECUR, MIGRATE, REAPPEAR, OR BE REINTRODUCED DESPITE SERVICES PROVIDED BY COMPANY.

15.6 No Disease Transmission Guarantee

COMPANY DOES NOT GUARANTEE PREVENTION OF DISEASE TRANSMISSION, ALLERGIC REACTIONS, CONTAMINATION, INFECTION, ILLNESS, PARASITE EXPOSURE, PATHOGEN EXPOSURE, OR OTHER HEALTH CONDITIONS ASSOCIATED WITH PESTS, TERMITES, RODENTS, MOSQUITOES, TICKS, FLEAS, WILDLIFE, OR OTHER ORGANISMS.

COMPANY MAKES NO REPRESENTATION THAT SERVICES WILL ELIMINATE OR PREVENT EXPOSURE TO VIRUSES, BACTERIA, FUNGI, PARASITES, DISEASE VECTORS, OR OTHER BIOLOGICAL AGENTS.

15.7 No Property Damage Guarantee

UNLESS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN WARRANTY SIGNED BY AN AUTHORIZED COMPANY OFFICER, COMPANY DOES NOT GUARANTEE PREVENTION OF PROPERTY DAMAGE, STRUCTURAL DAMAGE, INSULATION DAMAGE, WIRING DAMAGE, SANITATION DAMAGE, CONTAMINATION DAMAGE, COSMETIC DAMAGE, WATER DAMAGE, OR OTHER DAMAGE CAUSED BY PESTS, TERMITES, RODENTS, WILDLIFE, ENVIRONMENTAL CONDITIONS, OR CIRCUMSTANCES BEYOND COMPANY’S REASONABLE CONTROL.

15.8 No Insurance Relationship

CUSTOMER ACKNOWLEDGES THAT COMPANY IS NOT AN INSURER.

FEES CHARGED BY COMPANY ARE BASED SOLELY UPON THE VALUE OF SERVICES PROVIDED AND ARE NOT RELATED TO THE VALUE OF CUSTOMER’S PROPERTY, BUSINESS, POSSESSIONS, REVENUE, PROFITS, OR POTENTIAL LOSSES.

IF CUSTOMER DESIRES PROTECTION AGAINST PROPERTY DAMAGE, BUSINESS LOSS, CONTAMINATION, PERSONAL INJURY, OR OTHER RISKS, CUSTOMER SHALL OBTAIN APPROPRIATE INSURANCE COVERAGE.

15.9 Third-Party Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR CLAIMS ASSERTED BY TENANTS, OCCUPANTS, GUESTS, VISITORS, CUSTOMERS, CLIENTS, EMPLOYEES, CONTRACTORS, PROPERTY MANAGERS, HOMEOWNERS ASSOCIATIONS, INSURERS, LENDERS, GOVERNMENTAL ENTITIES, OR OTHER THIRD PARTIES ARISING FROM OR RELATING TO THE SERVICES.

15.10 Punitive Damages Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY RIGHT TO RECOVER PUNITIVE DAMAGES, EXEMPLARY DAMAGES, TREBLE DAMAGES, STATUTORY MULTIPLIER DAMAGES, ENHANCED DAMAGES, OR OTHER FORMS OF NON-COMPENSATORY DAMAGES FROM COMPANY.

15.11 Allocation Of Risk

CUSTOMER ACKNOWLEDGES THAT THE LIMITATIONS, EXCLUSIONS, DISCLAIMERS, WAIVERS, LIABILITY CAPS, AND REMEDY LIMITATIONS CONTAINED IN THIS AGREEMENT ARE MATERIAL TERMS OF THE PARTIES’ BARGAIN AND REPRESENT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.

15.12 Savings Clause

NOTHING IN THIS AGREEMENT SHALL LIMIT, WAIVE, OR EXCLUDE RIGHTS THAT CANNOT LEGALLY BE LIMITED, WAIVED, OR EXCLUDED UNDER APPLICABLE LAW.

IF ANY LIMITATION OR EXCLUSION IS DETERMINED TO BE UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

15.13 Survival

THE PROVISIONS OF THIS SECTION SHALL SURVIVE CANCELLATION, TERMINATION, EXPIRATION, COMPLETION OF SERVICES, PROPERTY TRANSFER, ACCOUNT CLOSURE, DISPUTE, ARBITRATION, LITIGATION, SETTLEMENT, AND PAYMENT IN FULL.

15.14 Assumption Of Ordinary Pest Risk

CUSTOMER ACKNOWLEDGES THAT OWNERSHIP, OCCUPANCY, LEASING, MANAGEMENT, OPERATION, AND USE OF REAL PROPERTY INVOLVE INHERENT RISKS ASSOCIATED WITH PESTS, TERMITES, RODENTS, WILDLIFE, MOSQUITOES, MOISTURE CONDITIONS, SANITATION CONDITIONS, ENVIRONMENTAL CONDITIONS, AND OTHER FACTORS THAT MAY CONTRIBUTE TO PEST ACTIVITY.

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A WRITTEN WARRANTY SIGNED BY COMPANY, CUSTOMER ASSUMES SUCH ORDINARY RISKS ASSOCIATED WITH PROPERTY OWNERSHIP AND OCCUPANCY.

15.15 No Fiduciary Relationship

Nothing contained in this Agreement, the Services, warranties, monitoring activities, inspections, recommendations, communications, reports, consultations, or other interactions between the parties shall create a fiduciary relationship, special relationship, advisory relationship, partnership, joint venture, agency relationship, insurer relationship, guarantor relationship, trustee relationship, or other special duty between Company and Customer.

Company’s duties are limited solely to those expressly stated in this Agreement.

15.16 Customer Responsible For Independent Decisions

Customer remains solely responsible for all decisions relating to property maintenance, sanitation, repairs, remodeling, renovations, construction, insurance coverage, environmental conditions, real-estate transactions, leasing decisions, business operations, regulatory compliance, property management, and other decisions affecting the Property.

Company shall not be liable for losses arising from Customer’s decisions, actions, omissions, or reliance upon recommendations that are not expressly guaranteed in writing.

15.17 No Reliance

Customer acknowledges that Customer has not relied upon any verbal statement, estimate, opinion, prediction, projection, expectation, representation, advertisement, social media content, marketing material, review, recommendation, sales presentation, technician statement, customer service statement, artificial intelligence communication, automated communication, or other statement not expressly contained in this Agreement.

Customer further acknowledges that only the written terms of this Agreement govern the parties’ rights and obligations.

15.18 Integration Clause

This Agreement constitutes the complete, final, and exclusive agreement between the parties regarding the Services and supersedes all prior or contemporaneous discussions, negotiations, communications, proposals, estimates, advertisements, marketing materials, understandings, promises, and representations.

No prior communication shall modify, supplement, or expand the obligations expressly stated in this Agreement.

15.19 No Oral Modification

No verbal statement, technician statement, customer service statement, sales statement, field representative statement, text message, social media communication, informal communication, or other unwritten communication shall modify this Agreement.

Any modification, amendment, waiver, expansion of coverage, limitation change, or other alteration must be in writing and approved by an authorized Company officer.

15.20 Waiver Of Subrogation

To the fullest extent permitted by law, Customer waives and releases any rights of subrogation that Customer, Customer’s insurer, property insurer, liability insurer, business insurer, mortgage company, lender, tenant, occupant, or any other third party may have against Company arising from or relating to the Services.

Customer shall take reasonable steps to obtain any necessary insurer approvals to effectuate this waiver.

15.21 Independent Causes

Company shall not be liable for losses, damages, infestations, contamination, structural issues, moisture conditions, environmental conditions, pest activity, termite activity, rodent activity, wildlife activity, mosquito activity, or other conditions caused or contributed to by:

• Acts of God

• Severe weather

• Neighboring properties

• Adjacent structures

• Prior infestations

• Pre-existing conditions

• Construction activities

• Remodeling activities

• Utility failures

• Sanitation deficiencies

• Moisture conditions

• Structural defects

• Tenant activity

• Occupant activity

• Third-party conduct

• Governmental actions

• Environmental conditions

• Other causes beyond Company’s reasonable control.

15.22 No Presumption From Service Performance

Performance of Services, inspections, monitoring, documentation, recommendations, retreatments, corrective actions, consultations, claim reviews, warranty reviews, goodwill accommodations, courtesy services, discounts, credits, refunds, communications, or other actions by Company shall not create a presumption that Company caused, contributed to, admitted responsibility for, accepted liability for, or otherwise assumed responsibility for any reported condition.

15.23 Limitation Applies Regardless Of Legal Theory

The limitations, exclusions, waivers, disclaimers, liability caps, remedy limitations, and protections contained in this Section apply regardless of whether a claim is asserted under contract, tort, negligence, warranty, strict liability, statute, consumer protection law, regulatory theory, equity, misrepresentation, omission, professional liability theory, or any other legal theory.

15.24 Customer Insurance Responsibility

Customer acknowledges that Customer is solely responsible for obtaining and maintaining insurance coverage for real property, personal property, business property, equipment, loss of income, business interruption, contamination, environmental conditions, pest-related damage, and other risks associated with ownership, occupancy, leasing, operation, or use of the Property.

Company does not provide insurance coverage and assumes no responsibility for uninsured losses.

15.25 No Warranty Of Merchantability Or Fitness

To the fullest extent permitted by law, Company disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, habitability, suitability, performance, effectiveness, quality, or non-infringement, except to the extent such warranties cannot legally be disclaimed.

15.26 Limitation Applies To All Services

The limitations, exclusions, waivers, disclaimers, liability caps, remedy limitations, and protections contained in this Section apply to all services, warranties, inspections, monitoring programs, consultations, reports, recommendations, estimates, treatments, subscriptions, service plans, protection plans, equipment, and related activities provided by Company, whether now existing or later introduced.

15.27 Reliance On Customer Information

Company may rely upon information, descriptions, measurements, photographs, documents, reports, statements, disclosures, representations, property information, inspection information, and other information supplied by Customer, occupants, tenants, property managers, contractors, builders, inspectors, prior service providers, or other third parties.

Company shall not be liable for losses, damages, delays, costs, expenses, infestations, treatment issues, monitoring issues, warranty disputes, or other consequences arising from inaccurate, incomplete, misleading, false, omitted, or outdated information supplied by others.

15.28 No Liability For Hidden Conditions

Company shall not be liable for losses, damages, infestations, contamination, structural issues, moisture conditions, utility conditions, concealed activity, hidden defects, hidden entry points, inaccessible conditions, concealed infestations, obstructed areas, unknown hazards, or other conditions that are hidden, inaccessible, concealed, obstructed, restricted, or not reasonably discoverable during normal service activities.

Customer acknowledges that many pest-related conditions may exist behind walls, under slabs, above ceilings, beneath insulation, within structural components, underground, or in other inaccessible locations beyond the scope of normal service activities.

15.29 Customer Acceptance Of Risk Allocation

Customer acknowledges that the pricing charged by Company reflects the limitations of liability, exclusions, waivers, disclaimers, caps, risk allocations, and remedy limitations contained in this Agreement.

Customer further acknowledges that absent such limitations and allocations of risk, the fees charged by Company would be substantially higher.

15.30 Limitation Applies To Affiliates And Personnel

All limitations, exclusions, waivers, disclaimers, protections, defenses, liability caps, remedy limitations, releases, and other protections contained in this Agreement apply equally to Company and its owners, officers, directors, managers, employees, technicians, contractors, subcontractors, affiliates, subsidiaries, parent companies, successors, assigns, vendors, suppliers, licensors, agents, representatives, and service providers.

Such persons and entities are intended third-party beneficiaries of this Agreement for purposes of enforcing these protections.

15.31 Cumulative Application

The exclusions, waivers, limitations, caps, disclaimers, defenses, remedies, releases, and protections contained in this Section are cumulative and shall apply simultaneously to the fullest extent permitted by law.

The existence of one limitation, exclusion, waiver, disclaimer, defense, remedy limitation, or protection shall not limit the applicability of any other provision contained in this Agreement.

15.32 Survival

The provisions of this Section shall survive cancellation, termination, expiration, suspension, account closure, property transfer, completion of Services, payment in full, dispute, arbitration, litigation, settlement, bankruptcy, insolvency, assignment, succession, and any other event that would otherwise terminate contractual obligations.

The parties expressly agree that the protections contained in this Section remain enforceable to the fullest extent permitted by law following the conclusion of the parties’ business relationship.

16. ONE-YEAR CLAIM LIMITATION

16.1 Limitation Period

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM, DEMAND, DISPUTE, ACTION, CAUSE OF ACTION, ARBITRATION, LAWSUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, WARRANTIES, EQUIPMENT, INSPECTIONS, MONITORING ACTIVITIES, REPORTS, RECOMMENDATIONS, OR OTHER ACTS OR OMISSIONS OF COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR.

Failure to commence a claim within such period permanently bars the claim.

16.2 Trigger

The limitation period begins on the earlier of:

• The date the applicable Service was performed;

• The date Customer knew or reasonably should have known of the alleged condition, damage, deficiency, loss, infestation, or claim; or

• The date Customer first received information sufficient to place a reasonable person on notice of a potential claim.

16.3 Commencement

A claim shall be deemed commenced only upon:

• Filing a lawsuit in a court of competent jurisdiction; or

• Filing a formal arbitration demand pursuant to this Agreement.

Complaints, emails, text messages, telephone calls, demand letters, service requests, social media communications, reviews, negotiations, customer service communications, or other informal actions do not constitute commencement of a claim.

16.4 No Tolling

Negotiations, settlement discussions, inspections, courtesy visits, claim reviews, goodwill accommodations, communications, repair discussions, or other efforts to resolve disputes shall not toll, suspend, extend, revive, or otherwise affect the limitation period unless expressly agreed in writing by Company.

16.5 Waiver

Customer knowingly and voluntarily waives any statute of limitations, repose period, discovery rule, savings statute, or other time period longer than the one established by this Agreement to the fullest extent permitted by law.

16.6 Continuing Services

Recurring Services, retreatments, follow-up visits, warranty renewals, inspections, monitoring activities, additional work, or future appointments shall not restart, revive, renew, extend, or otherwise affect any limitation period applicable to prior Services.

Each Service shall be considered a separate transaction for purposes of calculating limitation periods.

16.7 Informal Complaints

Complaints, emails, text messages, telephone calls, online reviews, social media posts, customer service communications, technician communications, demand letters, settlement discussions, or other informal communications shall not preserve, satisfy, suspend, toll, extend, revive, or otherwise affect the commencement requirements of this Section.

16.8 Warranty Claims

Submission of a warranty claim, request for retreatment, request for inspection, courtesy service, goodwill accommodation, or other warranty-related communication shall not revive, extend, toll, or otherwise affect expired claims or limitation periods.

16.9 Discovery Rule Limitation

Customer acknowledges that hidden conditions, concealed infestations, structural conditions, moisture conditions, contamination, termite activity, rodent activity, wildlife activity, and similar conditions may not be immediately observable.

To the fullest extent permitted by law, Customer waives application of any discovery rule, delayed accrual doctrine, continuing violation doctrine, continuing treatment doctrine, or similar legal theory that would extend the limitation period established by this Agreement.

16.10 Survival

The provisions contained in this Section shall survive cancellation, termination, expiration, completion of Services, property transfer, account closure, payment in full, arbitration, litigation, settlement, bankruptcy, insolvency, succession, assignment, and any other event that would otherwise terminate contractual obligations.

16.11 Separate Claims

Each alleged act, omission, Service, inspection, treatment, monitoring activity, report, recommendation, warranty event, or other occurrence shall constitute a separate and independent claim for purposes of calculating limitation periods.

The expiration of one limitation period shall not be affected by later Services or unrelated events.

16.12 Claims By Third Parties

Reason: Stops:

• spouses,
• tenants,
• buyers,
• guests,
• insurers,
• heirs,

from claiming they get a separate one-year clock.

The limitation periods contained in this Section apply equally to Customer and to any spouse, family member, tenant, occupant, guest, visitor, property manager, homeowner association, purchaser, seller, lender, insurer, successor, heir, representative, or other person asserting claims arising from or relating to the Services.

No third party shall receive a longer limitation period than Customer.

16.13 No Extension For Legal Disability

To the fullest extent permitted by law, death, incapacity, disability, minority, conservatorship, guardianship, probate proceedings, bankruptcy proceedings, receivership, or similar events shall not extend, toll, revive, or otherwise affect the limitation periods contained in this Agreement.

17. ARBITRATION & CLASS WAIVER

17.1 Agreement To Arbitrate

BY AGREEING TO THESE TERMS, CUSTOMER KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A JURY TRIAL AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, WARRANTIES, EQUIPMENT, INSPECTIONS, MONITORING ACTIVITIES, REPORTS, RECOMMENDATIONS, COLLECTION ACTIVITIES, OR OTHER ACTS OR OMISSIONS OF COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION.

17.2 Administrator

Arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules then in effect, except as modified by this Agreement.

17.3 Fees

Company shall pay arbitration filing fees and costs to the extent required by applicable law or AAA Consumer Arbitration Rules.

17.4 Attorneys’ Fees

The prevailing party in any arbitration, lawsuit, collection proceeding, appeal, bankruptcy proceeding, or dispute arising from or relating to this Agreement shall be entitled to recover reasonable attorneys’ fees, expert witness fees, arbitration fees, court costs, collection costs, and related expenses to the fullest extent permitted by law.

17.5 Scope

This arbitration provision applies to all claims, whether based upon contract, tort, negligence, warranty, strict liability, statute, fraud, misrepresentation, consumer protection laws, equitable theories, or any other legal theory.

17.6 Exclusive Remedy

Except for matters properly brought in small claims court pursuant to Section 17.10, arbitration shall be the exclusive method of resolving disputes arising from or relating to this Agreement.

17.7 Individual Proceedings Only

All claims shall be brought solely in an individual capacity.

Customer waives any right to participate in class actions, collective actions, coordinated actions, representative actions, private attorney general actions, or similar proceedings.

17.8 Consolidation Prohibited

No arbitration may be consolidated with any other arbitration.

No arbitrator shall have authority to conduct class, collective, coordinated, representative, mass, consolidated, or multi-party proceedings.

17.9 Third Parties Bound

This arbitration provision applies equally to Customer and to any spouse, family member, tenant, occupant, guest, visitor, purchaser, seller, property manager, homeowners association, insurer, lender, heir, successor, representative, executor, administrator, trustee, bankruptcy trustee, assign, or other person asserting claims arising from or relating to the Services.

17.10 Small Claims Exception

Either party may pursue qualifying claims in small claims court to the extent permitted by applicable law.

Any appeal, transfer, removal, or claim exceeding small claims jurisdiction shall be subject to binding arbitration pursuant to this Agreement.

17.11 Venue

Any arbitration shall be conducted in Kaufman County, Texas, unless otherwise required by applicable law or AAA Consumer Arbitration Rules.

17.12 Survival

This arbitration agreement shall survive cancellation, termination, expiration, completion of Services, payment in full, property transfer, bankruptcy, death, succession, assignment, and any other event that would otherwise terminate contractual obligations.

17.13 Severability

If any portion of this Section is determined to be unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

17.14 Mass Arbitration Waiver

To the fullest extent permitted by law, Customer agrees that claims shall be arbitrated on an individual basis only.

Neither Customer nor Company shall seek to coordinate, consolidate, join, batch, aggregate, or otherwise combine claims involving multiple claimants, multiple respondents, or multiple arbitration demands.

If multiple substantially similar claims are filed by the same law firm, group of law firms, or coordinated parties, Company may request that such claims proceed sequentially or in another manner permitted by applicable law or AAA rules.

Nothing contained herein shall be interpreted to permit class actions, collective actions, representative actions, coordinated proceedings, or other multi-party proceedings prohibited by this Agreement.

17.15 Arbitrator Authority

The arbitrator shall have no authority to award relief inconsistent with this Agreement and shall apply all limitations, exclusions, waivers, liability caps, remedy limitations, and defenses contained herein.

The arbitrator may not rewrite, modify, expand, disregard, invalidate, or refuse to enforce the provisions of this Agreement except to the extent required by applicable law.

17.16 Maximum Available Relief

Any relief awarded in arbitration shall be limited by the liability limitations, exclusions, waivers, remedy limitations, and damages caps contained in this Agreement.

Customer expressly agrees that arbitration does not expand the remedies otherwise available under this Agreement.

17.17 Burden Of Proof

Customer shall bear the burden of proving all elements of any claim, including causation, damages, entitlement to relief, and compliance with all conditions precedent contained in this Agreement.

No presumption shall arise against Company from the existence of pest activity, property damage, customer dissatisfaction, warranty claims, retreatments, inspections, or courtesy services.

17.18 Confidentiality

To the fullest extent permitted by law, arbitration proceedings, testimony, evidence, awards, settlements, and related materials shall remain confidential except as required by law.

17.19 Condition Precedent

Before commencing arbitration or litigation, Customer shall first provide Company a reasonable opportunity to inspect, investigate, document, and attempt to resolve the dispute pursuant to this Agreement.

Failure to satisfy such requirements may result in dismissal, stay, limitation, or reduction of claims to the fullest extent permitted by law.

17.20 Acknowledgment

Customer acknowledges that arbitration is a material term of this Agreement and that Customer knowingly and voluntarily waives the right to a jury trial and participation in class, representative, collective, coordinated, or mass proceedings.

Customer further acknowledges that the pricing, warranties, scheduling commitments, staffing, and Services provided by Company were established in reliance upon this arbitration agreement.

17.21 No Waiver

No inspection, communication, collection activity, payment arrangement, claim review, settlement discussion, courtesy service, delay, accommodation, or other conduct by Company shall constitute a waiver of the right to compel arbitration.

18. SUBROGATION WAIVER

18.1 Waiver Of Recovery Rights

To the fullest extent permitted by law, Customer knowingly and voluntarily waives all rights of subrogation, reimbursement, contribution, indemnity, assignment, recovery, and similar rights against Company arising from or relating to the Services, this Agreement, or any claim associated therewith.

18.2 Insurer Waiver Requirement

Customer shall use reasonable efforts to cause Customer’s insurers, carriers, underwriters, and other insurance providers to waive any rights of subrogation against Company.

18.3 Third-Party Claims

This waiver applies equally to claims asserted by spouses, family members, tenants, occupants, guests, visitors, purchasers, sellers, property managers, homeowners associations, lenders, insurers, successors, assigns, heirs, representatives, executors, administrators, trustees, bankruptcy trustees, and other persons claiming through or under Customer.

18.4 No Liability For Failure Of Insurer

Company shall have no liability arising from any insurer’s refusal to honor a waiver of subrogation or from Customer’s failure to obtain such waiver.

18.5 No Assignment Of Claims

Customer shall not assign, transfer, sell, convey, subrogate, or otherwise transfer claims, causes of action, rights of recovery, insurance proceeds, or similar interests arising from or relating to the Services without Company’s prior written consent.

18.6 Survival

The provisions contained in this Section shall survive cancellation, termination, expiration, completion of Services, payment in full, property transfer, bankruptcy, death, succession, assignment, and any other event that would otherwise terminate contractual obligations.

18.7 Material Term

Customer acknowledges that this waiver of recovery rights is a material term of this Agreement and that Company relied upon such waiver in establishing pricing, staffing, scheduling, warranties, and service commitments.

18.8 Assignment Restriction

Customer shall not assign, transfer, sell, convey, subrogate, or otherwise transfer any claim, cause of action, insurance proceeds, rights of recovery, or similar interests arising from or relating to the Services without Company’s prior written consent.

18.9 Double Recovery Prohibited

Customer shall not recover duplicate damages, duplicate reimbursements, double compensation, or multiple recoveries arising from the same alleged loss, occurrence, condition, infestation, damage, or claim.

Any amounts previously paid by insurers, third parties, settlements, reimbursements, credits, offsets, or similar payments shall be credited against any recovery otherwise available.

18.10 Property Transfers

Transfer of the Property shall not revive, expand, or create rights of subrogation, reimbursement, contribution, indemnity, assignment, or recovery previously waived under this Agreement.

18.11 No Creation Of Rights

Nothing contained in this Agreement shall create, enlarge, revive, or expand any right of recovery that would not otherwise exist under applicable law.

19. PAYMENT ENFORCEMENT & COLLECTIONS

19.1 Payment Obligations

Customer remains responsible for all amounts due under this Agreement, including Service charges, cancellation fees, renewal fees, warranty fees, returned payment fees, interest, collection costs, attorneys’ fees, arbitration expenses, and other amounts permitted by this Agreement or applicable law.

19.2 Interest

Past due balances shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less.

Interest shall accrue until all amounts due are paid in full.

19.3 Collection Costs

Customer shall reimburse Company for all reasonable costs incurred in collecting amounts owed under this Agreement, including collection agency fees, administrative costs, investigation expenses, postage, filing fees, and related collection expenses.

19.4 Attorneys’ Fees

The prevailing party in any arbitration, lawsuit, collection proceeding, appeal, bankruptcy proceeding, or dispute arising from or relating to this Agreement shall be entitled to recover reasonable attorneys’ fees, expert witness fees, arbitration fees, court costs, collection costs, and related expenses to the fullest extent permitted by law.

19.5 Arbitration & Enforcement Expenses

Customer shall be responsible for all expenses awarded pursuant to arbitration, judgment, settlement, or other lawful resolution, including enforcement costs and post-judgment collection expenses.

19.6 Chargebacks & Returned Payments

Customer shall remain responsible for all amounts owed notwithstanding chargebacks, payment disputes, ACH reversals, returned payments, or similar actions.

Customer shall reimburse Company for returned payment fees, chargeback fees, bank fees, processing costs, and related expenses incurred by Company.

Returned payments, ACH reversals, and chargebacks may be subject to a Thirty-Five Dollar ($35.00) administrative fee per occurrence, in addition to any actual costs incurred by Company.

Successful chargebacks, payment reversals, or payment processor determinations shall not constitute a determination regarding the validity of amounts owed under this Agreement and shall not waive Company’s right to pursue collection, arbitration, or other remedies permitted by this Agreement or applicable law.

19.7 Application Of Payments

Company may apply payments in any order determined by Company in its sole discretion, including interest, fees, collection costs, oldest balances, current balances, or other obligations.

19.8 Disputed Charges

Customer complaints, dissatisfaction, warranty requests, service disputes, cancellation fee disputes, chargebacks, arbitration demands, lawsuits, investigations, reviews, demand letters, regulatory complaints, consumer complaints, or other disagreements shall not automatically suspend, reduce, offset, delay, waive, or otherwise affect payment obligations unless required by applicable law.

The existence of a dispute shall not constitute evidence that amounts owed are invalid or unenforceable.

Customer acknowledges that disputes regarding Services, fees, invoices, cancellation charges, warranties, or other obligations shall be resolved pursuant to this Agreement and shall not excuse timely payment of undisputed or disputed amounts.

Amounts ultimately determined through settlement, arbitration, judgment, or other lawful resolution not to be owed shall be adjusted accordingly.

Pending disputes, investigations, chargebacks, or arbitration proceedings shall not prohibit Company from continuing collection activities, assessing interest, invoicing amounts due, or exercising remedies otherwise permitted by this Agreement or applicable law.

Amounts ultimately determined not to be owed shall be adjusted accordingly.

19.9 No Self-Help Offsets

Customer shall not withhold, offset, deduct, reduce, back charge, or refuse payment based upon alleged damages, disputed Services, dissatisfaction, pending claims, warranty requests, or alleged offsets unless required by applicable law.

19.10 Partial Payments

Acceptance of partial payments shall not constitute settlement, accord and satisfaction, waiver, compromise, release, or satisfaction of the remaining balance unless expressly agreed to in writing by Company.

Notations such as “Paid In Full,” “Final Payment,” or similar statements shall not modify this Agreement.

19.11 Collection During Disputes

Company may continue invoicing amounts due, assessing interest, pursuing collection activities, and exercising remedies permitted by this Agreement during the existence of disputes, investigations, warranty claims, arbitration proceedings, lawsuits, or chargebacks unless prohibited by applicable law.

19.12 Assignment Of Debt

Company may assign, transfer, sell, delegate, or otherwise convey accounts, receivables, debts, claims, collection rights, judgments, and related interests to attorneys, collection agencies, successors, assigns, affiliates, or third parties without Customer consent.

19.13 No Waiver

Failure or delay by Company in enforcing payment obligations shall not constitute waiver of any right or remedy.

Acceptance of late payments, partial payments, payment arrangements, or prior accommodations shall not waive future enforcement rights.

19.14 No Duty To Suspend Collections

Company may, but shall not be obligated to, suspend collection activities during disputes, investigations, warranty claims, arbitration proceedings, lawsuits, chargebacks, or other disagreements.

19.15 Survival

The provisions contained in this Section shall survive cancellation, termination, expiration, completion of Services, payment in full, property transfer, bankruptcy, death, succession, assignment, and any other event that would otherwise terminate contractual obligations.

19.16 Material Term

Customer acknowledges that the payment enforcement and collection provisions contained in this Agreement are material terms relied upon by Company in establishing pricing, staffing, warranties, scheduling, and service commitments.

20. FORCE MAJEURE

20.1 Force Majeure Events

Company shall not be liable for delays, interruptions, failures, modifications, suspensions, or inability to perform Services caused by events beyond Company’s reasonable control, including but not limited to severe weather, flooding, hurricanes, tornadoes, ice storms, excessive heat, lightning, fire, natural disasters, pandemics, epidemics, disease outbreaks, government actions, governmental regulations, quarantines, labor shortages, staffing shortages, illness, injury, death, strikes, lockouts, civil unrest, riots, war, terrorism, transportation interruptions, fuel shortages, utility failures, internet failures, communication failures, software failures, cyberattacks, ransomware events, payment processor outages, CRM outages, cloud service interruptions, manufacturer delays, product shortages, supply chain disruptions, shipping delays, equipment failures, unsafe conditions, or other events beyond Company’s reasonable control.

20.2 No Liability For Delays

Force majeure events shall not constitute breach, default, negligence, warranty failure, delay damages, or other liability of Company.

Delays, interruptions, postponements, rescheduling, modified Services, or temporary inability to perform Services resulting from force majeure events shall not entitle Customer to damages, offsets, penalties, credits, refunds, or other compensation except as otherwise required by applicable law.

20.3 No Duty To Use Extraordinary Measures

Company shall not be required to incur unreasonable expense, extraordinary measures, emergency procurement costs, unsafe practices, premium labor costs, alternative sourcing costs, or other burdens in order to overcome force majeure conditions.

Company may determine in its reasonable discretion whether conditions permit safe and practical performance of Services.

20.4 Suspension Or Modification Of Services

Company may postpone, reschedule, modify, reduce, suspend, substitute, or temporarily discontinue affected Services during force majeure conditions without constituting breach of this Agreement.

Company may implement temporary operational changes reasonably necessary to continue business operations.

20.5 Termination Rights

If force majeure conditions materially interfere with Company’s ability to provide Services, Company may terminate, discontinue, or permanently suspend affected Services without liability or breach of this Agreement.

Customer shall remain responsible for amounts accrued prior to termination.

20.6 No Consequential Damages

Company shall not be liable for lost profits, business interruption, rental losses, consequential damages, incidental damages, special damages, delay damages, or other indirect damages arising from force majeure events.

Nothing contained herein shall expand Company’s liability beyond the limitations otherwise contained in this Agreement.

20.7 Survival

The provisions contained in this Section shall survive cancellation, termination, expiration, completion of Services, payment in full, bankruptcy, death, succession, assignment, property transfer, and any other event that would otherwise terminate contractual obligations.

20.8 Material Term

Customer acknowledges that force majeure protections are material terms of this Agreement and that Company relied upon such protections in establishing pricing, staffing, warranties, scheduling, and service commitments.

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21. DATA RETENTION

21.1 Information Collection

Company may collect, create, receive, maintain, store, process, archive, and utilize any information reasonably necessary for business operations, including customer information, property information, photographs, videos, inspection records, treatment records, monitoring data, invoices, communications, GPS information, recordings, reports, recommendations, and other business records.

21.2 Retention Periods

Company shall retain records for at least the minimum periods required by applicable law.

Company may retain records for longer periods, indefinitely, or permanently in its sole discretion.

21.3 No Obligation To Delete

Except as otherwise required by applicable law, Company shall have no obligation to destroy, erase, delete, anonymize, remove, or purge records after any particular period.

21.4 Electronic Business Records

Company may maintain records in paper or electronic form and may utilize third-party software providers, cloud storage services, artificial intelligence systems, automated systems, and other technologies in the ordinary course of business.

21.5 No Guarantee Of Availability

Company does not guarantee the continued existence, preservation, accessibility, availability, recoverability, or integrity of records, photographs, videos, emails, text messages, recordings, or other materials.

21.6 Third-Party Systems

Company shall not be liable for record loss, corruption, inaccessibility, cyberattacks, outages, software failures, cloud failures, third-party provider failures, data migration issues, hardware failures, or similar events affecting records maintained by third parties.

21.7 No Presumption From Missing Records

The absence, loss, destruction, corruption, deletion, inaccessibility, or nonexistence of records shall not create any presumption, adverse inference, admission, evidence of wrongdoing, claim of spoliation, or other claim against Company.

21.8 Customer Responsibility

Customer is responsible for maintaining copies of invoices, reports, warranties, recommendations, communications, photographs, and other records Customer wishes to preserve.

21.9 No Duty To Preserve Absent Notice

Company shall have no duty to preserve records for litigation purposes unless Company receives written notice of a specific claim before such records are destroyed in accordance with Company’s ordinary business practices.

21.10 Survival

The provisions contained in this Section shall survive cancellation, termination, expiration, completion of Services, payment in full, bankruptcy, death, succession, assignment, property transfer, and any other event that would otherwise terminate contractual obligations.

21.11 Material Term

Customer acknowledges that the record retention provisions contained in this Agreement are material terms relied upon by Company in establishing pricing, staffing, warranties, scheduling, and service commitments.

21.12 No Requirement To Create Records

Company shall have no obligation to create, photograph, video record, document, preserve, maintain, or retain any specific record, image, communication, or other material unless otherwise required by applicable law.

The absence of photographs, videos, notes, reports, recordings, or other records shall not create any presumption that a condition did not exist or that Services were not performed.

21.13 Human Error

Customer acknowledges that records may contain omissions, clerical errors, typographical errors, incomplete information, estimates, abbreviations, transcription errors, or other inaccuracies inherent in ordinary business operations.

Such errors shall not create presumptions of negligence, breach, wrongdoing, or liability by Company.

21.14 Data Migration

Company may change, replace, upgrade, discontinue, migrate, convert, merge, or transfer software systems, record platforms, storage methods, or service providers without liability for resulting formatting differences, data incompatibilities, conversion errors, or record losses.

21.15 No Obligation To Produce Records

Except as otherwise required by applicable law, Company shall have no obligation to provide, reproduce, export, reformat, retrieve, compile, search for, or produce records for Customer or third parties.

Company may, in its sole discretion, provide records as a courtesy and may charge reasonable administrative fees for retrieval, reproduction, research, formatting, or production of records.

21.16 Ownership Of Records

All records, photographs, videos, reports, monitoring data, recordings, communications, notes, recommendations, and other materials created or maintained by Company remain the exclusive property of Company unless otherwise required by applicable law.

Nothing contained in this Agreement grants Customer ownership rights in Company records.

21.17 No Guarantee Of Precision

Records, timestamps, GPS information, measurements, estimates, photographs, videos, monitoring data, and other information maintained by Company may contain variances, approximations, delays, synchronization differences, formatting discrepancies, or other inaccuracies inherent in ordinary business operations.

Such differences shall not create presumptions of negligence, breach, wrongdoing, or liability by Company.

21.18 Third-Party Information

Company may rely upon information provided by manufacturers, suppliers, software providers, laboratories, monitoring systems, governmental agencies, customers, and other third parties.

Company shall not be responsible for inaccuracies, omissions, delays, errors, or failures contained in information provided by third parties.

21.19 Customer-Supplied Information

Company may rely upon information, photographs, videos, statements, documents, measurements, descriptions, and other materials supplied by Customer or third parties.

Company shall not be liable for inaccuracies, omissions, alterations, incomplete information, or misrepresentations provided by others.

21.20 Informal Communications

Text messages, emails, voicemails, social media messages, website submissions, chat messages, and other informal communications are provided for convenience only.

Company does not guarantee retention, preservation, accessibility, availability, or recoverability of such communications.

21.21 No Requirement To Retain Historical Versions

Company shall have no obligation to maintain prior versions of reports, recommendations, invoices, photographs, or other records and may replace, overwrite, update, or supersede earlier versions in the ordinary course of business.

21.22 No Evidentiary Preference

Company records shall not be deemed superior or inferior to other evidence solely because they are maintained electronically, automatically generated, manually created, or prepared by third-party systems.

21.23 Ordinary Business Practices

Customer acknowledges that records may be created, maintained, modified, archived, deleted, or destroyed pursuant to Company’s ordinary business practices and that such practices shall not constitute evidence of bad faith, negligence, misconduct, or spoliation.

22. AI & AUTOMATED COMMUNICATIONS

22.1 Automated Communications

Company may utilize automated systems, artificial intelligence systems, chatbots, virtual assistants, automated emails, automated text messages, automated reports, automated phone systems, synthetic voice systems, and other technologies in the ordinary course of business.

22.2 Informational Purposes Only

Automated or AI-generated communications are provided for informational and convenience purposes only.

Such communications do not constitute legal advice, guarantees, warranties, contractual modifications, admissions, or binding representations by Company.

22.3 No Contract Modification

Automated or AI-generated communications shall not modify this Agreement unless expressly confirmed in writing by authorized Company personnel.

22.4 No Reliance

Customer agrees not to rely exclusively upon automated or AI-generated communications and acknowledges that such systems may contain inaccuracies, omissions, delays, formatting errors, transcription errors, or incomplete information.

22.5 Authorized Representatives

Only authorized Company personnel may approve refunds, waive fees, modify warranties, alter Service obligations, modify cancellation requirements, settle claims, or otherwise bind Company.

22.6 Third-Party Technologies

Company may utilize third-party software providers, artificial intelligence systems, cloud platforms, communication systems, and automated technologies.

Company shall not be liable for outages, delays, inaccuracies, formatting errors, software defects, or failures arising from third-party technologies beyond Company’s reasonable control.

22.7 Reports And Recommendations

Automated reports, treatment recommendations, monitoring summaries, photographs, analytics, summaries, classifications, and similar materials are provided for convenience only and do not modify this Agreement.

22.8 Future Technologies

This Section applies to current and future technologies, including technologies not presently in existence.

22.9 Survival

The provisions contained in this Section shall survive cancellation, termination, expiration, completion of Services, payment in full, bankruptcy, death, succession, assignment, property transfer, and any other event that would otherwise terminate contractual obligations.

22.10 Material Term

Customer acknowledges that the automated communication provisions contained in this Agreement are material terms relied upon by Company in establishing pricing, staffing, warranties, scheduling, and service commitments.

22.11 No Apparent Authority

No automated system, artificial intelligence system, chatbot, virtual assistant, software platform, communication system, or third-party technology shall possess actual authority, apparent authority, implied authority, agency authority, or authority by estoppel to bind Company.

22.12 Customer Inputs

Automated systems may rely upon information, photographs, videos, descriptions, statements, measurements, or other materials supplied by Customer or third parties.

Company shall not be liable for inaccurate outputs resulting from inaccurate, incomplete, altered, misleading, or omitted information supplied by others.

22.13 AI Limitations

Customer acknowledges that automated systems and artificial intelligence technologies may generate inaccurate, incomplete, delayed, estimated, inconsistent, or erroneous information.

Such limitations are inherent characteristics of artificial intelligence technologies and shall not, by themselves, constitute negligence, breach, warranty failure, misrepresentation, or other wrongdoing by Company.

22.14 Synthetic Media

Company may utilize synthetic voice technologies, automated speech systems, text-to-speech systems, translation systems, and similar technologies in the ordinary course of business.

Customer acknowledges that such technologies may contain inaccuracies or variations and shall not constitute contractual modifications or binding representations.

22.15 Verification

Customer remains responsible for independently verifying significant account matters with authorized Company personnel.

Refund approvals, warranty changes, cancellations, claim settlements, fee waivers, and contractual modifications require confirmation from authorized Company personnel.

22.16 No Professional Advice

Automated communications are provided solely for convenience and informational purposes and do not constitute legal advice, engineering advice, construction advice, environmental advice, health advice, medical advice, financial advice, insurance advice, or other professional advice.

22.17 Vendor Independence

Third-party artificial intelligence providers, software companies, cloud providers, and technology vendors are independent entities and are not agents, employees, partners, joint venturers, or representatives of Company.

22.18 Evolving Systems

Automated systems and artificial intelligence technologies may evolve, update, retrain, improve, degrade, change outputs, or otherwise operate differently over time.

Variations in outputs over time shall not create liability or contractual obligations.

22.19 No Individual Liability

No employee, technician, applicator, inspector, customer service representative, agent, or individual associated with Company shall incur personal liability arising from automated communications, artificial intelligence systems, or information generated thereby.

All claims relating to such communications shall be asserted solely against Company and only to the extent otherwise permitted by this Agreement.

22.20 Translation Systems

Company may utilize translation systems, multilingual technologies, and automated language tools.

Translation inaccuracies, omissions, wording differences, or formatting variations shall not modify this Agreement or create liability absent intentional misconduct.

The English-language version of this Agreement shall control.

22.21 Scheduling Communications

Appointment reminders, estimated arrival times, scheduling notices, route updates, and automated service notifications are estimates only and do not constitute guarantees of timing or performance.

Company reserves the right to modify schedules in accordance with this Agreement.

22.22 No Emotional Reliance

Customer agrees that automated communications are convenience tools only and shall not support claims for emotional distress, embarrassment, inconvenience, annoyance, loss of enjoyment, reputational harm, or similar non-economic damages.

22.23 Recordings

Recorded messages, voice systems, text-to-speech technologies, and automated telephone systems are informational only and shall not constitute contractual modifications or binding representations.

22.24 Experimental Technologies

Company may test, evaluate, implement, discontinue, or modify experimental, beta, pilot, or emerging technologies without creating warranties, guarantees, or additional obligations.

22.25 No Duty To Adopt Technology

Company shall have no obligation to utilize, implement, maintain, upgrade, or adopt artificial intelligence technologies, automated systems, or emerging technologies.

Failure to use such technologies shall not constitute negligence or breach.

22.26 Human Decisions Control

In the event of conflict between automated communications and decisions made by authorized Company personnel, the decisions of authorized Company personnel shall control.

22.27 Unexpected User Behavior

Customer acknowledges that automated systems may receive unusual, offensive, abusive, threatening, nonsensical, misleading, emotional, prank, accidental, or otherwise unexpected communications from users.

Company shall not be liable for responses, interruptions, misunderstandings, delays, or limitations arising from such interactions.

22.28 No Emergency Services

Automated systems are not emergency response services and shall not be relied upon for emergencies, life-safety events, medical conditions, dangerous situations, or urgent matters.

Customer remains responsible for contacting appropriate emergency services when necessary.

22.29 User Responsibility

Customer is responsible for communications submitted to Company systems and acknowledges that inaccurate, incomplete, misleading, offensive, abusive, prank, or intentionally false information may affect the quality or accuracy of responses.

Company shall not be liable for consequences arising from inaccurate information supplied by users.

22.30 No Guarantee Of Human Interaction

Customer acknowledges that communications with Company may involve automated systems, artificial intelligence systems, recorded messages, virtual assistants, or combinations of human and automated interactions.

Company does not guarantee immediate access to live personnel.

22.31 Emotional Responses

Company shall not be liable for emotional distress, surprise, embarrassment, annoyance, inconvenience, fear, misunderstanding, or similar reactions arising from automated communications except to the extent prohibited by applicable law.

22.32 Misuse Of Systems

Company may suspend, terminate, block, ignore, filter, restrict, or discontinue communications involving abusive, threatening, harassing, fraudulent, unlawful, excessive, or disruptive conduct.

Such actions shall not constitute breach of this Agreement.

22.33 Recordings And Transcriptions

Communications with Company may be recorded, transcribed, summarized, analyzed, or processed by automated systems for quality assurance, training, operational, security, documentation, and business purposes.

Transcriptions and summaries may contain inaccuracies and shall not, by themselves, create liability or modify this Agreement.

22.34 No Duty To Continue Communications

Company shall have no obligation to continue conversations, maintain connections, answer questions, provide responses, or maintain communication through automated systems.

Company may end, limit, or discontinue communications in its sole discretion.

22.35 No Financial Authority

No automated system, artificial intelligence system, chatbot, virtual assistant, recording, or software platform possesses authority to approve refunds, credits, discounts, fee waivers, claim settlements, or financial accommodations.

Such matters require approval from authorized Company personnel.

22.36 Recommendations Only

Automated communications, warnings, scores, recommendations, alerts, analyses, and similar outputs are informational only and shall not constitute directives, orders, guarantees, or professional advice.

Customers remain responsible for exercising independent judgment.

22.37 Technology Limitations

Automated systems may prioritize, summarize, classify, translate, or interpret information differently than human personnel.

Differences in outputs, wording, tone, sequencing, or responses shall not alone constitute evidence of discrimination, bias, negligence, or wrongdoing.

22.38 No Agency Relationship

Automated systems, artificial intelligence systems, software platforms, and technologies utilized by Company are tools only and shall not constitute agents, employees, partners, fiduciaries, representatives, or legal persons acting on behalf of Company.

22.39 No Fiduciary Relationship

Use of automated systems shall not create fiduciary duties, confidential relationships, counseling relationships, advisory relationships, or other special duties beyond those expressly contained in this Agreement.

22.40 Identity Verification

Company may rely upon information provided during automated interactions and shall not be liable for actions taken in reliance upon inaccurate, incomplete, fraudulent, impersonated, or unauthorized communications.

22.41 Linguistic Variations

Pronunciation differences, accents, translations, wording variations, grammatical errors, formatting differences, or other linguistic variations generated by automated systems shall not create liability or modify this Agreement.

22.42 Authentication

Company may require additional authentication, verification, or confirmation before acting upon requests received through automated systems.

Failure to satisfy such requirements may result in delayed or denied requests without liability to Company.

22.43 Interrupted Communications

Dropped calls, disconnected sessions, incomplete transcriptions, interrupted communications, software errors, and similar events shall not create liability or constitute breach of this Agreement.

22.44 Human Judgment Controls

In the event of any inconsistency between automated outputs and decisions made by authorized Company personnel, the decisions of authorized Company personnel shall control.

22.45 Customer Duty To Verify Emergencies

Customer remains solely responsible for independently evaluating emergency situations, dangerous conditions, health concerns, structural conditions, and life-safety matters.

Failure of automated systems to recognize, prioritize, escalate, or respond to emergencies shall not create liability for Company.

22.46 No Automated Inspection Conclusions

Automated communications, reports, analyses, scores, classifications, summaries, and recommendations shall not constitute professional inspections, engineering conclusions, structural evaluations, environmental opinions, or guarantees regarding the existence, absence, severity, or extent of conditions.

22.47 No Monitoring Duty

Company shall have no duty to monitor, interpret, escalate, investigate, or respond to statements involving emotional distress, criminal activity, threats, emergencies, self-harm, abuse, illegal conduct, or similar matters communicated through automated systems.

22.48 No Obligation To Provide Requested Services

Automated systems may receive inquiries, create tasks, schedule callbacks, request additional information, or facilitate communications regarding services that Company does not offer.

Such actions shall not create obligations, warranties, duties, representations, or agreements requiring Company to perform services not otherwise offered by Company.

Company reserves the right to decline, refuse, cancel, modify, or discontinue requested services in its sole discretion.

22.49 Scheduling Does Not Constitute Acceptance

Appointments, callbacks, estimates, inspections, reminders, automated confirmations, calendar invitations, route notifications, and similar communications do not constitute acceptance of work, guarantees of availability, or binding agreements to perform Services.

Company may cancel, reschedule, decline, or modify appointments without creating liability.

22.50 Service Scope Controls

Only services expressly offered by Company and accepted by authorized Company personnel shall be deemed within the scope of Company’s obligations.

Customer acknowledges that automated systems may discuss, categorize, summarize, or create records relating to inquiries outside Company’s service offerings.

Such communications shall not expand the scope of Services provided by Company.

22.51 Referrals And Third Parties

Any referrals, suggestions, recommendations, names, links, or information regarding third parties are provided solely as a courtesy.

Company does not endorse, control, supervise, guarantee, or assume responsibility for third-party providers or their services.

22.52 No Duty To Investigate Inquiries

Company shall have no obligation to investigate, verify, research, follow up on, or respond to every inquiry received through automated systems.

Failure to respond to an inquiry shall not constitute negligence, breach, or acceptance of any obligation.

22.53 Non-Substantive Communications

Automated systems may receive jokes, songs, profanity, abusive language, nonsensical statements, roleplaying, hypothetical questions, prank calls, or other non-substantive communications.

Company shall not be liable for responses, misunderstandings, or consequences arising from such interactions.

22.54 Authentication And Impersonation

Customer acknowledges that voice technologies, caller identification systems, and communication systems may be subject to spoofing, impersonation, synthetic media, deepfakes, or other fraudulent activity.

Company may require additional verification before acting upon requests and shall not be liable for delays, refusals, or actions taken in reliance upon fraudulent or unauthorized communications.

22.55 Third-Party AI Agents

Company may receive communications from automated systems, digital assistants, artificial intelligence agents, or similar technologies acting on behalf of customers or third parties.

Company shall not be responsible for errors, omissions, misunderstandings, or unauthorized actions arising from such systems.

22.56 Verification Requirements

Company may require human confirmation, additional authentication, or independent verification before accepting requests, appointments, cancellations, modifications, refunds, or other account actions.

Failure to satisfy verification requirements may result in delayed or denied requests without liability to Company.

22.57 Smart Devices

Company shall not be liable for inaccuracies, delays, failures, or misunderstandings arising from smart devices, voice assistants, connected home technologies, or third-party communication systems.

22.58 Synthetic Evidence

Company shall not be liable for inaccuracies, alterations, fabrications, manipulations, synthetic media, or other unauthorized modifications to communications, recordings, screenshots, transcripts, or digital evidence created by third parties.

22.59 No Personal Relationship

Use of automated systems shall not create counseling relationships, fiduciary relationships, personal relationships, therapeutic relationships, or special duties beyond those expressly contained in this Agreement.

22.60 No Professional Advice

Automated communications do not constitute legal advice, engineering advice, medical advice, environmental advice, insurance advice, financial advice, construction advice, or other professional advice.

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23. SUCCESSORS & ASSIGNS

23.1 Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, assigns, executors, administrators, trustees, bankruptcy trustees, receivers, personal representatives, affiliates, members, managers, officers, directors, shareholders, partners, beneficiaries, and permitted assigns.

23.2 Company Assignment

Company may assign, transfer, delegate, subcontract, sell, merge, consolidate, convey, or otherwise transfer this Agreement, its rights, obligations, accounts, warranties, receivables, assets, or business interests without Customer consent.

23.3 Customer Assignment Restrictions

Customer may not assign, transfer, delegate, sell, convey, pledge, or otherwise transfer this Agreement or any rights arising under this Agreement without Company’s prior written consent.

Any attempted assignment without such consent may be rejected by Company and shall not bind Company.

23.4 Property Transfers

Sale, transfer, conveyance, lease, inheritance, foreclosure, trust transfer, or other disposition of the Property shall not extinguish obligations accrued before such transfer.

Nothing contained herein shall automatically create obligations for subsequent owners unless otherwise agreed by Company.

23.5 Business Transactions

Company’s sale, merger, acquisition, restructuring, recapitalization, asset purchase, stock purchase, reorganization, or other business transaction shall not affect the validity or enforceability of this Agreement.

23.6 Collection Rights

Company may assign, transfer, or sell collection rights, judgments, receivables, accounts, and related claims to attorneys, collection agencies, successors, affiliates, assignees, or third parties.

23.7 No Release

Assignment, succession, merger, acquisition, property transfer, or other change in ownership shall not release Customer from obligations previously incurred under this Agreement.

23.8 Continued Performance

Continued acceptance of Services, payment of invoices, renewal of warranties, requests for additional Services, or other conduct consistent with this Agreement may constitute evidence of acceptance by successors, assigns, and subsequent owners to the fullest extent permitted by law.

23.9 Internal Changes

Changes to Company names, trade names, assumed names, legal entities, ownership structures, affiliates, or organizational forms shall not affect the enforceability of this Agreement.

23.10 Subcontractors

Company may utilize subcontractors, affiliates, independent contractors, consultants, specialists, and third-party providers in performing Services.

Such use shall not invalidate this Agreement or create separate contractual relationships between Customer and such parties.

23.11 No Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, including Section 17.9, nothing contained herein creates third-party beneficiary rights.

No person or entity not a party to this Agreement shall be deemed a third-party beneficiary.

23.12 Death Or Incapacity

Death, incapacity, guardianship, conservatorship, probate proceedings, or appointment of personal representatives shall not automatically extinguish obligations previously incurred under this Agreement.

Company may require reasonable documentation before processing requests submitted by estates, executors, administrators, trustees, guardians, or representatives.

23.13 No Novation

No assignment, transfer, merger, succession, property sale, bankruptcy, death, or other transaction shall constitute a novation or release of previously accrued obligations unless expressly agreed to in writing by Company.

23.14 Survival

The rights and obligations contained in this Section shall survive as provided in Section 24.

23.15 Liability Limitations Preserved

Nothing contained in this Section expands Company’s liability beyond the limitations contained in Section 15.

23.16 Material Term

Customer acknowledges that the succession and assignment provisions contained in this Agreement are material terms relied upon by Company in establishing pricing, staffing, warranties, scheduling, and service commitments.

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24. SURVIVAL

Payment, liability, arbitration, indemnification, and enforcement provisions survive termination.

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25. SEVERABILITY & BLUE PENCIL

If provision unenforceable, court may modify to maximum enforceable extent.

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26. GOVERNING LAW

Texas law governs.

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27. MODIFICATIONS

Company may update these Terms at any time. Current version posted at official URL.

Customer agrees to review periodically. Continued use constitutes acceptance of revised Terms.

Modifications apply prospectively and not retroactively to accrued claims.

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28. COMPLETE AGREEMENT

This Agreement constitutes the complete and exclusive statement of the agreement between Company and Customer regarding Services and supersedes all prior communications, proposals, negotiations, and representations.

No modification is effective unless in writing and signed by an authorized Company officer.