Terms of Service

These Terms of Service govern all contracts between Pestly LLC (hereinafter "Pestly") and the customer regarding the use of the Pestly AI phone assistant.

Any conflicting terms of the customer shall not apply unless Pestly expressly agrees to them in writing.

Pestly provides an AI-powered phone assistant that autonomously answers incoming calls, WhatsApp messages, SMS, and emails, books appointments in the customer's calendar, and escalates urgent cases.

The exact scope of services is determined by the selected pricing tier (Standard or Premium) and individual configuration.

A one-time setup fee of $500–$800 applies.

The monthly fee depends on the selected pricing tier: $349 (Standard) or $529 (Premium), plus applicable sales tax.

All prices are monthly charges payable in advance. Payment is by direct debit or credit card.

Pestly reserves the right to suspend access to the service in case of payment default.

The contract is for an indefinite term and may be terminated by either party with 30 days' notice to the end of the month.

The right to terminate for cause remains unaffected.

Upon termination, all customer data will be deleted within 30 days, unless statutory retention obligations apply.

Pestly shall be fully liable for damages resulting from injury to life, body, or health, as well as for intent and gross negligence.

For ordinary negligence, Pestly shall only be liable for breach of essential contractual obligations (cardinal duties), limited to the typical, foreseeable damage.

Liability for indirect damages, particularly lost profits, is excluded to the extent permitted by law.

Pestly does not guarantee uninterrupted availability of the service. Liability for outages due to maintenance, technical disruptions, or force majeure is excluded.

The processing of personal data is carried out in accordance with the Privacy Policy and the provisions of the GDPR.

Pestly processes all data on German Netcup servers. Data Processing Agreements (DPAs) have been concluded with all subcontractors.

The customer undertakes to inform their own customers about data processing by Pestly insofar as this is required by data protection law.

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from this contract is, to the extent permitted by law, the registered office of Pestly in Albuquerque, New Mexico, USA.

For consumers, the jurisdiction of their place of residence applies.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected thereby. An invalid provision shall be replaced by a valid regulation that comes closest to the economic purpose of the invalid provision.