Terms & Conditions

These Terms and Conditions (“Terms”) are a legally binding agreement between you (“Customer,” “Buyer,” “Subscriber,” or “you”) and Rook Pest LLC (“Rook Pest,” “Rook,” “we,” “us,” or “our”). These Terms govern your purchase of pest monitoring hardware devices (“Devices”), your subscription to the Rook Platform software and mobile application (“Platform”), and any related products or services. Rook Pest serves a broad range of customers, including residential homeowners, commercial businesses, restaurants and food service operators, retail facilities, warehouses and industrial operations, multi-family and commercial property managers, and government and institutional entities. By placing an order, activating a Device, creating a Platform account, or otherwise engaging with Rook Pest, you agree to be bound by these Terms in full. If you are acting on behalf of a business or organization, you represent that you have authority to bind that entity.

Definitions

“Authorized Users” Employees, contractors, property managers, maintenance personnel, and agents of Customer who are permitted to access and use the Platform under Customer’s account.

“Customer Data” All data, records, pest detection events, trap activation logs, Device status information, property notes, images, and other information uploaded to or generated within the Platform by Customer or its Authorized Users.

“Device” Rook Pest’s proprietary smart trap hardware, electronic monitoring sensors, wireless connectivity modules, physical enclosures, and associated physical components sold to Customer for pest detection and monitoring purposes. Devices do not contain, dispense, or require any pesticide, rodenticide, chemical bait, or regulated substance.

“Order Form” A written or electronic document executed between Rook Pest and an enterprise or commercial Customer specifying Device quantities, Subscription tier, pricing, and other commercial terms.

“Pest Activity Data” Data generated by Devices and the Platform regarding pest detections, trap activations, capture events, infestation trends, and related Device sensor readings.

“Platform” The Rook pest management software solution, including the web application, mobile application (iOS and Android), device management dashboard, real-time alert system, analytics engine, reporting tools, API, and all related documentation and updates.

“Property” The physical location or locations owned, leased, or managed by Customer where Devices are deployed.

“Subscription” A recurring license to access and use the Platform for a defined billing period and tier, as specified during online enrollment or in an Order Form.

Account Registration and Eligibility

2.1

Eligibility

You must be at least 18 years of age and have legal capacity to enter into binding contracts. The Platform and Devices are intended for use at properties you own, lease, or are legally authorized to manage. Rook Pest’s products are appropriate for residential, commercial, industrial, food service, hospitality, healthcare, multi-family residential, government, and institutional property types.

2.2

Account Creation

To access the Platform, you must register an account by providing accurate, complete, and current information, including your name, business name (if applicable), email address, property address(es), and billing information. You agree to keep your account information current and accurate at all times.

2.3

Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. If you suspect unauthorized access, notify Rook Pest immediately at info@rookpest.com. Rook Pest is not liable for losses arising from unauthorized use of your account.

2.4

Property Authorization

By activating Devices at a property, you represent and warrant that you have legal authority to install monitoring equipment at that location. If you are a tenant, property manager, or agent, you represent that you have obtained all required consents from the property owner and any other required parties prior to Device deployment.

2.5

Regulated Property Types

Certain property types including food processing and food service facilities, schools, healthcare facilities, and rental housing may be subject to specific pest monitoring regulations, tenant notification requirements, or health department standards. You are solely responsible for understanding and complying with all laws and regulations applicable to your specific property type and jurisdiction before deploying Devices.

Hardware Devices

3.1

Device Sales and Title

Devices are sold outright to Customer. Title and risk of loss transfer to Customer upon delivery to the shipping address provided at checkout. Full payment is required before title passes. These provisions apply separately and equally to Gateway units and Sensor units. Title and risk of loss for each unit transfer to Client upon delivery of that unit.

3.2

Delivery and Inspection

Upon receipt, Customer must inspect Devices for visible damage or defects within 7 calendar days of delivery. Claims for damage occurring during shipping must be reported to info@rookpest.com with photographic evidence within that 7-day window. Failure to inspect and report within 7 days constitutes acceptance of the Devices in the condition received.

3.3

Self-Installation

Rook Pest Devices are designed for self-installation by the Customer. Rook Pest provides written installation guides, instructional videos, and technical support resources to assist with setup and activation. Customer is responsible for: (a) correct placement of Devices in accordance with Rook Pest’s installation guidelines and best practices; (b) secure mounting and proper activation of each Device; (c) pairing Devices with the Platform through the account setup process; and (d) ensuring Devices are appropriately positioned to maximize detection effectiveness for the pest types of concern. Incorrect installation that results in degraded performance, Device damage, or connectivity failure is not covered under the Device warranty.

3.4

Device Placement Guidelines

Rook Pest provides placement guidance based on pest type, property configuration, and industry best practices. Customer is responsible for applying this guidance appropriately to their specific property. For commercial, food service, and industrial Customers, Rook Pest recommends placing Devices in accordance with relevant pest management industry standards. Rook Pest is not responsible for degraded monitoring performance resulting from placement decisions made by Customer that deviate from Rook Pest’s guidelines.

3.5

Connectivity and Power

Devices that transmit data wirelessly require adequate cellular or Wi-Fi network coverage at the Property. Rook Pest does not guarantee connectivity in locations with insufficient network infrastructure. Customer is responsible for providing required power (battery or wired, as specified per Device model) and for ensuring network access required for Device operation. Rook Pest is not responsible for missed detection events or data gaps resulting from connectivity outages, power loss, or network failures outside its control.

3.6

Customer Care of Devices

Customer is responsible for: (a) protecting Devices from deliberate damage, theft, flooding, fire, extreme temperatures, or conditions outside the Device’s rated operating specifications; (b) notifying Rook Pest promptly if a Device is damaged, lost, stolen, or consistently malfunctioning; (c) keeping Device locations accessible for any maintenance Customer performs; and (d) not disassembling, modifying, tampering with, or attempting unauthorized repair of any Device.

3.7

No Chemical or Pesticide Components

Rook Pest Devices are physical trap and sensor units only. They do not contain, dispense, release, or require any pesticide, rodenticide, chemical bait, insecticide, or other regulated substance. Pest capture is achieved through non-toxic mechanical means. Customers are not required to handle, apply, or dispose of any regulated chemical in connection with the use of Rook Pest Devices.

3.8

Device Warranty

The one-year hardware warranty applies equally to Gateway units and Sensor units from the date of delivery of each respective unit. The warranty covers the physical hardware unit only and does not extend to the Per-Sensor Subscription, Platform software, firmware, or network connectivity. The warranty is passed through from the Upstream Technology Provider and is subject to that provider’s continued product support. If replacement units are unavailable due to product discontinuation by the Upstream Technology Provider, Rook Pest’s remedy shall be limited to a pro-rata refund of the Device purchase price for the remaining warranty period. THIS IS THE SOLE AND EXCLUSIVE WARRANTY FOR DEVICES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The Rook Platform Software Subscription

4.1

License Grant

Subject to your compliance with these Terms and timely payment of all applicable Subscription fees, Rook Pest grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your active Subscription term. This license is granted solely for the purpose of managing your Rook Pest Devices, monitoring Pest Activity Data, and administering your pest monitoring program at your Property, for your own internal use only.

4.2

Platform Features

The Platform includes the following features, subject to your Subscription tier:

Real-time Device monitoring dashboard displaying live trap status, battery levels, connectivity status, and last-detection timestamps;
Automated alerts via push notification, SMS, and email upon trap activation, pest capture events, Device fault conditions, or low battery warnings;
Historical Pest Activity Data logs, trend charts, detection frequency reports, and property-level heat maps;
Compliance and inspection report generation for internal records, health department submissions, insurance documentation, and third-party audit purposes;
Multi-property and multi-location management for property management companies, franchise operators, multi-unit commercial customers, and enterprise accounts;
Photographic documentation capability for logging Device status and capture events in the field;
Pest identification and infestation risk scoring tools based on detection patterns;
API access for integration with property management systems, facility management software, and ERP platforms;
Mobile application (iOS and Android) for on-site Device management, QR code scanning for individual Device lookup, and mobile alert management;
Scheduled service and inspection reminders with customizable alert thresholds by property and Device location.

4.3

License Restrictions

You must not, and must not permit Authorized Users or any third party to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or pest detection models from the Platform;
Copy, distribute, sublicense, sell, resell, or provide Platform access to any third party not registered as an Authorized User under your account;
Use the Platform to design, build, or commercially market a competing pest monitoring software product;
Remove, obscure, or alter any copyright notices, trademarks, or proprietary markings within the Platform;
Use bots, scrapers, crawlers, or automated tools to bulk-extract data from the Platform without Rook Pest’s prior written consent;
Access the Platform in any manner that violates applicable law or Rook Pest’s Acceptable Use Policy.

4.4

Platform Availability

Rook Pest targets commercially reasonable uptime for the Platform but does not guarantee uninterrupted or error-free access. Scheduled maintenance, third-party network outages, and events outside Rook Pest’s reasonable control may cause temporary service interruptions. Rook Pest will use reasonable efforts to provide advance notice of scheduled maintenance. The Platform is a monitoring and informational tool only and is not a life-safety or emergency notification system. It must not be relied upon as the sole means of monitoring pest activity where immediate real-world response is critical.

4.5

Pest Activity Data Limitations

Pest Activity Data is provided for monitoring and informational purposes only. Detection outcomes depend on proper Device placement, adequate power and connectivity, pest behavior, and environmental conditions. The absence of a detection event does not guarantee a pest-free environment. Rook Pest does not warrant that the Platform will detect all pest activity present at a property or that Pest Activity Data will be complete or accurate under all conditions.

4.6

Mobile Application

The Rook mobile apps for iOS and Android are licensed, not sold. Use is subject to these Terms and the applicable terms of the Apple App Store or Google Play Store. Updates may be required from time to time to maintain full functionality.

Subscription Plans and Pricing

5.1

Subscription Tiers

5.2

Monthly and Annual Billing

Subscriptions are available on monthly or annual billing cycles. Annual billing may be offered at a discounted rate as specified on the Rook Pest pricing page. Annual Subscriptions are billed upfront for the full year and renew automatically unless cancelled at least 30 days before the renewal date.

5.3

Device-Based Tier Upgrades

Subscription pricing is tiered by the number of active Devices connected to the Platform. Connecting additional Devices beyond your current tier’s limit may result in an automatic upgrade to the next tier and a corresponding fee adjustment, as described at www.rookpest.com and within your account dashboard.

5.4

Enterprise and Multi-Site Plans

Property management companies, franchise operators, and enterprise customers managing multiple locations may qualify for custom enterprise pricing. Contact info@rookpest.com to discuss enterprise plan options.

5.5

Price Changes

Rook Pest may modify Subscription fees at any time with at least 60 days’ prior written notice to active Customers. Changes take effect at the start of the next billing period following notice. Continued use of the Platform after revised pricing takes effect constitutes your acceptance of the new fees.

Payment and Billing

6.1

Payment Authorization

By placing a Device order or enrolling in a Subscription, you authorize Rook Pest and its designated payment processor to charge your provided payment method for all applicable fees. Rook Pest does not store raw payment card numbers; all transactions are processed by PCI-DSS compliant third-party payment processors.

6.2

Billing Cycles

Device purchase charges are applied at the time of order. Subscription fees are billed in advance at the start of each billing period. Rook Pest will provide an electronic invoice or receipt for each charge to the email address on your account.

6.3

Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with Section 13.2. Monthly Subscriptions require cancellation at least 24 hours before the next renewal date. Annual Subscriptions require cancellation at least 30 days before the renewal date. Rook Pest sends annual renewal reminder notices at least 15 days before the renewal date.

6.4

Failed Payments

If a payment attempt fails, Rook Pest will notify you by email and may retry the charge. If payment is not received within 7 days of the due date, Rook Pest may suspend your access to the Platform pending resolution. Accounts with outstanding balances beyond 30 days may be terminated and referred for collection. Unpaid balances accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

6.5

Billing Disputes

If you believe a charge is incorrect, contact info@rookpest.com within 30 days of the charge date with your account information, the disputed amount, and a description of the issue. Rook Pest will investigate and respond within 10 business days. Disputes raised after 30 days of the charge date are not eligible for refund or credit.

6.6

Taxes

All fees are stated exclusive of applicable sales tax, use tax, and similar government-imposed charges. You are responsible for all taxes applicable to your purchase, except taxes based on Rook Pest’s net income. Where required by law, sales tax will be calculated and applied at checkout based on your billing address and the applicable tax rate for your jurisdiction.

Intellectual Property

7.1

Rook Pest Ownership

Rook Pest and its licensors retain all right, title, and interest in and to the Platform, Device hardware designs and firmware, pest detection algorithms, AI and machine learning models, databases, branding, trademarks, and all other intellectual property embodied in or relating to Rook Pest’s products and services. These Terms grant a limited use license only. No ownership interest is transferred to Customer.

7.2

Customer Data Ownership

You retain full ownership of all Customer Data. By using the Platform, you grant Rook Pest a limited, non-exclusive, royalty-free license to access, process, store, and transmit Customer Data solely as necessary to provide and maintain the Platform, generate service analytics, and comply with applicable law. This license terminates when you delete your data or close your account.

7.3

Aggregated and Anonymized Data

Rook Pest may use aggregated and anonymized Pest Activity Data drawn from across its customer base to improve Device performance, refine pest detection models, develop new product features, and produce industry research and trend reports. No such use will identify any individual Customer, property, or specific location.

7.4

Feedback

If you provide feedback, suggestions, or ideas about the Platform or Devices, you assign all rights in that feedback to Rook Pest, which may incorporate or exploit it freely and without compensation to you.

Data Security and Privacy

Rook Pest implements commercially reasonable administrative, technical, and physical security measures designed to protect Customer Data from unauthorized access, disclosure, alteration, or loss. These include encryption of data in transit and at rest, role-based access controls, and regular security assessments. Rook Pest’s full data practices are described in the Privacy Policy, which is incorporated into these Terms by reference. In the event of a confirmed breach affecting your Customer Data, Rook Pest will notify affected Customers in accordance with applicable law.

Third-Party Integrations

The Platform may support integrations with third-party property management systems, facility management platforms, and other business applications via the Rook API. Rook Pest does not control third-party platforms and is not responsible for their availability, functionality, accuracy, or security. Your use of any third-party integration is subject to that provider’s own terms of service and privacy policy. By connecting a third-party application, you authorize the exchange of relevant data between the Platform and that application.

Disclaimers of Warranty

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROOK PEST EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF PEST ACTIVITY DATA, AND UNINTERRUPTED OR ERROR-FREE PLATFORM ACCESS. ROOK PEST DOES NOT WARRANT THAT DEVICES WILL CAPTURE ALL PESTS PRESENT AT A PROPERTY, THAT ALL PEST ACTIVITY WILL BE DETECTED OR REPORTED, OR THAT THE PLATFORM WILL BE FREE FROM ERRORS OR SECURITY VULNERABILITIES. PEST ACTIVITY DATA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A GUARANTEE OF PEST-FREE CONDITIONS AT ANY PROPERTY. EXCEPT FOR THE EXPRESS LIMITED DEVICE WARRANTY IN SECTION 3.8, ALL DEVICES ARE PROVIDED WITHOUT EXPRESS WARRANTIES OF ANY KIND.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROOK PEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, PROPERTY DAMAGE CAUSED BY PESTS NOT DETECTED BY DEVICES, PEST REMEDIATION OR EXTERMINATION COSTS INCURRED BY CUSTOMER, OR REGULATORY FINES, ARISING OUT OF OR RELATING TO THESE TERMS, THE DEVICES, OR THE PLATFORM, EVEN IF ROOK PEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROOK PEST’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO ROOK PEST IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED U.S. DOLLARS ($5000.00). NOTHING IN THESE TERMS LIMITS ROOK PEST’S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Rook Pest, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and attorneys’ fees arising from: (a) your use or misuse of Devices or the Platform; (b) your breach of any provision of these Terms; (c) your violation of applicable law or regulation; (d) your failure to obtain required property installation consents; (e) improper self-installation or placement of Devices; (f) your failure to comply with applicable pest monitoring or property management regulations at your Property; or (g) any act or omission of your Authorized Users.

Term, Cancellation, and Termination

13.1

Term

These Terms commence on the date you first purchase a Device, activate the Platform, or create an account, and continue for the duration of all active Subscriptions and outstanding obligations unless earlier terminated.

13.2

Cancellation by Customer

You may cancel your Subscription at any time by using the cancellation function in your account settings or by sending written notice to info@rookpest.com. Cancellation takes effect at the end of the then-current billing period. Cancellation does not relieve you of payment obligations for the current billing period. See the Refund Policy for applicable refund terms.

13.3

Termination by Rook Pest

Rook Pest may suspend or terminate your account and Platform access immediately upon written notice (or without notice in urgent circumstances) if: you materially breach these Terms and fail to cure within 10 days of written notice; you fail to pay amounts due and do not cure within 7 days; you use the Platform or Devices in a manner that poses a legal, security, or reputational risk to Rook Pest or other customers; or Rook Pest is required to act by applicable law or court order. If Rook Pest decides to discontinue the Platform entirely, it will provide at least 60 days’ advance written notice.

13.4

Effect of Termination

Upon termination for any reason: all Platform licenses terminate immediately; you must cease all use of the Platform; Customer Data will be available for export for 30 days following termination upon written request to info@rookpest.com, after which it may be permanently deleted; and all accrued payment obligations survive termination.

13.5

Survival

Sections 1, 3.8, 7, 8, 10, 11, 12, 13.4, 14, and 15 survive termination or expiration of these Terms.

14.

Governing Law and Dispute Resolution

14.1

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.

14.2

Informal Resolution

Before initiating formal legal proceedings, both parties agree to attempt good-faith informal resolution. Either party may initiate this process by sending written notice describing the dispute to info@rookpest.com. The parties will attempt to resolve the dispute within 45 days of that notice.

14.3

Binding Arbitration

Any dispute not resolved informally shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules. Arbitration will be conducted in the State of Delaware in English. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

14.4

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ROOK PEST OR ITS AFFILIATES. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

14.5

Exceptions

Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims under $10,000 may be brought in small claims court in the jurisdiction where Rook Pest maintains its principal place of business.

Food Safety Audit Disclaimer

Pest Activity Data generated by the Platform and Devices is provided for operational pest monitoring purposes only. It is not a certified food safety audit record, does not constitute compliance documentation under third party food safety audit certification schemes and has not been reviewed, approved, or endorsed by any food safety certification body. Clients operating in food service, food processing, or other regulated food safety environments are strongly advised to consult with a qualified food safety professional or certified auditor before using Pest Activity Data in any audit or compliance context.

CLIENT ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY FOR ANY DECISION TO SUBMIT OR REFERENCE PEST ACTIVITY DATA IN CONNECTION WITH ANY FOOD SAFETY AUDIT, REGULATORY INSPECTION, CERTIFICATION APPLICATION, OR COMPLIANCE SUBMISSION. ROOK PEST MAKES NO REPRESENTATION THAT PEST ACTIVITY DATA SATISFIES THE REQUIREMENTS OF ANY FOOD SAFETY STANDARD, SCHEME, OR REGULATORY BODY. ROOK PEST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY AUDIT FINDINGS, FAILED CERTIFICATIONS, REGULATORY PENALTIES, BUSINESS LOSSES, OR OTHER CONSEQUENCES ARISING FROM CLIENT’S USE OR SUBMISSION OF PEST ACTIVITY DATA IN ANY FOOD SAFETY OR REGULATORY CONTEXT, REGARDLESS OF WHETHER ROOK PEST WAS ADVISED OF THE POSSIBILITY OF SUCH USE.

General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and Acceptable Use Policy (and any applicable Order Form), constitute the entire agreement between you and Rook Pest regarding the subject matter hereof and supersede all prior understandings and agreements.

Modifications: Rook Pest may update these Terms at any time. Material changes will be communicated with at least 30 days’ advance notice by email. Continued use of the Platform or purchase of Devices after changes take effect constitutes acceptance.

Severability: If any provision of these Terms is held unenforceable, it will be modified to the minimum necessary extent, and all remaining provisions will continue in full force and effect.

Waiver: Rook Pest’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or any rights hereunder without Rook Pest’s prior written consent. Rook Pest may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets, upon written notice to you.

Force Majeure: Neither party is liable for delays or failures in performance caused by events outside its reasonable control, including natural disasters, pandemics, supply chain disruptions, utility failures, government actions, or internet infrastructure outages.

Independent Contractor: Rook Pest is an independent contractor. Nothing in these Terms creates an employment, franchise, partnership, joint venture, or agency relationship.

Notices: Legal notices to Rook Pest must be sent to info@rookpest.com with “Legal Notice” in the subject line, or by certified mail to: Rook Pest LLC 16192 Coastal Highway, Lewes, Delaware, 19958, Sussex County.