Legal

Terms of Service

Effective Date: September 3, 2026 · Last Updated: October 17, 2026

These Terms of Service (“Terms”) govern your access to and use of PestShift, a service operated by Designaxe LLC, a New Mexico limited liability company (“PestShift,” “we,” “us,” or “our”), including our website and web application (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and “you” refers to both you and that business.

If you do not agree to these Terms, do not use the Service.

1. What PestShift Does

PestShift is scheduling, customer, and compliance management software for pest control businesses. The Service lets you manage customers and properties, schedule and dispatch technicians, track recurring service plans, log chemical application records (product name, EPA registration number, target pest, application rate, and application site), track applicator license expiration by technician and state, assign technicians to routes, and send automated appointment and license-renewal reminders by email.

You acknowledge and agree that:

  • PestShift requires a complete chemical application record (product name, EPA registration number, target pest, application rate, and application site) before an appointment for a service that requires one can be marked complete. The requirement is on by default for every service, and only the business owner can choose which services require a record. This is a deliberate design choice, not a bug, because we consider accurate application recordkeeping a baseline obligation of the software, not an optional feature.
  • The applicator license expiration check is advisory only. A technician whose license is expired or expiring can still be assigned to and complete an appointment; you may proceed by explicitly confirming the assignment, which is logged in the Service.
  • PestShift does not provide legal advice, does not guarantee compliance with any federal, state, or local pesticide application or recordkeeping law, and is not a substitute for your own understanding of the regulatory requirements that apply to your business and jurisdiction. Required-field configurations in the Service reflect a general baseline (product name, EPA registration number, target pest, rate, and site) and do not currently vary by state; you are responsible for confirming these fields satisfy your specific state's requirements and for maintaining any additional records your state requires beyond what the Service captures.
  • If you connect a Stripe account, your customers can pay you by card through the Service (deposits, invoices, payment links and plan charges). Those payments, Stripe's processing fees and PestShift's platform fee are described in Section 3.5. Payments you take outside the Service (cash, check or another processor) are recorded manually, and PestShift is not a party to them.

2. Eligibility and Accounts

You must be 18 or older and use PestShift for business purposes. You must also be capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at attila@pestshift.com if you become aware of any unauthorized use of your account.

One user account is associated with one business at a time.

3. Subscription Plans and Billing

3.1 Plans

PestShift offers subscription tiers differentiated by the number of technicians on your account, as described on our pricing page at the time of your subscription. Every tier includes the full feature set of the Service; tiers do not gate compliance, scheduling, or reporting features behind a higher price.

3.2 Billing

Subscriptions are billed monthly in advance through our payment processor, Stripe, Inc. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. Fees are exclusive of applicable taxes, which you are responsible for unless we are required by law to collect them.

3.3 Cancellation and Refunds

You may cancel at any time through your account settings. Cancellation takes effect at the end of your current billing period. Except where required by applicable law, or as stated in a written guarantee we offer (the 30-day money-back guarantee on our offer page and for Founding Customers in Section 3.6, which you claim within 30 days of your first payment), fees already paid are non-refundable, including for partial billing periods.

3.4 Changes to Pricing

We may change our prices or plan structure at any time, with at least 30 days' notice before a price increase takes effect on your next renewal. A price increase never applies to a Founding Customer before the end of their price lock (Section 3.6).

3.5 Collecting Payments from Your Customers

The Service optionally lets you accept card payments from your own customers through Stripe Connect. If you enable this, you open a Stripe connected account and your use of it is governed by the Stripe Connected Account Agreement, which you accept directly with Stripe during setup.

Payments your customers make are charged on your connected account, not ours. Stripe's processing fees are deducted from those payments, funds are paid out by Stripe directly to the bank account you provide, and we never hold or control them. PestShift charges a platform fee of 1% of each card payment made through the Service, collected by Stripe as an application fee at the time of payment and in addition to Stripe's processing fees; we may change it on notice under these Terms. You alone are responsible for the goods and services you charge for, for the amounts you charge, and for handling refunds, chargebacks, and disputes with your customers. We do not act as a payment processor, money transmitter, or agent for either party.

3.6 Founding Customer Offer

The first 30 businesses whose first subscription payment succeeds before January 1, 2027 (US Eastern time) become Founding Customers. Spots are counted in our database and the number left is shown on our pricing page. We may also reserve a spot for a business during its trial; a reserved spot counts toward the 30. Founding Customers receive:

  • Price lock. The monthly price of the plan you are on at your first payment is locked for 24 months from that payment. If you move to a cheaper plan, its price at the time of the move is locked for the rest of the 24 months. Moving to a larger plan is billed at that plan's price.
  • 30-day money-back guarantee. Within 30 days of your first payment, you can request a full refund of the subscription fees you have paid, from Settings → Billing or by emailing us. Refunds are made to the original payment method. Platform fees on payments your customers made (Section 3.5) are not subscription fees and are not refunded.

Founding Customer status ends if your subscription ends. It is not transferable and has no cash value.

4. Your Data

4.1 Your Content

You are responsible for the accuracy of the customer, property, service, chemical application, and applicator license data you enter into the Service (“Your Data”). You retain all rights to Your Data. We use Your Data solely to provide the Service to you.

4.2 CSV Import

If you import existing customer or property data during onboarding, you represent that you have the right to import and use that data in connection with the Service.

4.3 Export and Portability

You may export Your Data (customers, properties, chemical application records, and appointment history) at any time in a portable format through the Service. Chemical application records are kept and can be exported for at least 2 years after you cancel, unless you ask us to delete them sooner. Our Privacy Policy describes how long we keep your other data.

5. Third-Party Services

The Service relies on Twilio (SMS delivery), Resend (email delivery), Stripe (subscription billing and, where enabled, Stripe Connect payments from your customers), and Supabase and Vercel (hosting and infrastructure). Any outage or policy change affecting these providers may affect or interrupt the corresponding functionality of the Service without liability to us. If a given third-party integration is not configured on your account, the feature it powers is disabled rather than causing an error.

6. Acceptable Use

You agree not to:

  • Enter false, fabricated, or knowingly inaccurate chemical application or applicator license records into the Service;
  • Attempt to reverse-engineer, scrape, or use automated means to extract data from the Service beyond what is provided through our documented interfaces;
  • Use the public booking feature for any property or business you do not own or have explicit authorization to represent;
  • Circumvent, disable, or otherwise interfere with the chemical-application-record completion requirement or any other compliance or security feature of the Service;
  • Resell, sublicense, or provide the Service to third parties as your own product without our prior written consent;
  • Use the Service in any manner that violates applicable law.

We reserve the right to suspend or terminate accounts that violate this section.

7. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

Without limiting the foregoing, we specifically disclaim any warranty that:

  • The Service's chemical application record requirements satisfy the specific recordkeeping requirements of your state or jurisdiction;
  • The applicator license tracking feature will catch every license expiration relevant to your operations or prevent you from dispatching an unlicensed or improperly licensed technician;
  • Use of the Service will prevent a regulatory fine, penalty, license suspension, or enforcement action against your business.

You remain solely responsible for your business's compliance with all applicable pesticide application, recordkeeping, and licensing laws. The Service is a tool to help you maintain records; it is not legal or regulatory compliance advice.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall PestShift, its officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Service, including without limitation any regulatory fine or enforcement action, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless PestShift and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) Your Data or your use of the Service in violation of these Terms; (b) any chemical application or applicator license record you enter that is false or inaccurate; or (c) your violation of any applicable law or third-party right, including pesticide application and recordkeeping law.

10. Term, Suspension, and Termination

These Terms remain in effect for as long as you use the Service. We may suspend or terminate your access if we reasonably believe you have violated these Terms or if required by law. You may terminate your account at any time by canceling your subscription. Sections 4.3, 7, 8, 9, 11, and 12 survive termination.

11. Changes to These Terms

We may modify these Terms from time to time. We will notify you by email or an in-app notice at least 14 days before material changes take effect. Continued use of the Service after that date constitutes acceptance.

12. General Provisions

Governing Law. These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict of law principles.

Dispute Resolution. Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, before a single arbitrator, seated in New Mexico. Either party may bring an individual action in small claims court for disputes within that court's jurisdiction, and either party may seek injunctive relief in court to prevent actual or threatened infringement or misappropriation of intellectual property rights.

You and PestShift each waive the right to a jury trial and to participate in a class action.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and PestShift regarding the Service.

Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.

No Waiver. Our failure to enforce any right or provision will not be considered a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact. attila@pestshift.com