Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Xtermd platform ("Platform"), operated by Xtermd ("we," "us," or "our"). By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Platform Description

Xtermd is an on-demand marketplace that connects customers seeking pest control services with independent, licensed pest control technicians ("Technicians"). Xtermd does not itself perform pest control services. Xtermd sets pricing, dispatches jobs, processes payments, and manages the platform infrastructure.

2. Eligibility

You must be at least 18 years old to use this Platform. By using the Platform, you represent that you have the legal capacity to enter into a binding contract. Technicians must hold a valid Ohio Pest Control Applicator License and must maintain that license in good standing at all times while active on the Platform.

3. Customer Terms

• Booking: When you submit a booking, you are requesting that an available Technician perform the listed service at your property at the scheduled time.
• Pricing: All prices are set by Xtermd and displayed before booking. The price shown is the total amount charged. No additional on-site fees may be collected by a Technician.
• Payment: Payment is authorized at the time of booking and only charged once a Technician confirms the job. If no Technician accepts within the dispatch window, your booking is not charged.
• Access: You are responsible for ensuring safe, lawful access to the service address at the scheduled time. Failure to provide access may result in a cancellation fee.
• Cancellations: Cancellations made more than 2 hours before a scheduled job are fully refunded. Cancellations made within 2 hours of the scheduled job may be subject to a cancellation fee.

4. Technician Terms

• Independent Contractor: Technicians are independent contractors, not employees, agents, or partners of Xtermd. You are solely responsible for your taxes, insurance, tools, and compliance with applicable law.
• License Requirement: You must maintain a valid Ohio Pest Control Applicator License. Xtermd may suspend your account if your license expires or is revoked.
• Job Offers: Job offers are non-binding until accepted. Once accepted, Technicians are expected to complete the job as described. Repeated cancellations after acceptance may result in account suspension.
• Payout: You will receive 75% of the customer-facing price for each completed job. Payouts are processed automatically via Stripe upon job completion. Xtermd retains 25% as a platform fee.
• Conduct: You must behave professionally and not solicit direct payment from customers outside the Platform for services booked through Xtermd.

5. Prohibited Conduct

You may not:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Circumvent the Platform to arrange or pay for services outside of Xtermd.
• Attempt to access, reverse-engineer, or interfere with the Platform's systems.
• Provide false information during registration or job completion.
• Harass, threaten, or discriminate against any other user of the Platform.

6. Pricing and Fees

Xtermd reserves the right to adjust platform pricing at any time. Pricing changes do not affect jobs already confirmed. The 25% platform fee applies to all jobs completed through the Platform. Xtermd may offer promotional pricing at its discretion.

7. Intellectual Property

All content on the Platform — including but not limited to the Xtermd name, logo, design, and software — is the property of Xtermd and protected by applicable intellectual property law. You may not copy, reproduce, or distribute any part of the Platform without prior written consent.

8. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. Xtermd does not warrant that the Platform will be uninterrupted, error-free, or that any specific job will be accepted by a Technician. Xtermd is not responsible for the quality or outcome of services performed by independent Technicians.

9. Limitation of Liability

To the maximum extent permitted by law, Xtermd's liability to you for any claim arising from your use of the Platform is limited to the amount you paid for the specific service giving rise to the claim. Xtermd is not liable for indirect, incidental, consequential, or punitive damages of any kind.

10. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved in the courts of Hamilton County, Ohio.

11. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms. We will make reasonable efforts to notify users of material changes via email or in-app notification.

12. Contact

Questions about these Terms? Contact us at legal@xtermd.com.