Terms and Conditions

Last updated:

Please read these terms and conditions carefully before using Our Service.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: California, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pestec, 3450 3rd St, 3F, San Francisco, CA 94124.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to EUREKALLIANCE, accessible from https://eurekalliance.org/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.


Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.


Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.


Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability

standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.


For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.


Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.


Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: https://eurekalliance.org/


MOBILE APPLICATION TERMS OF USE

Last Modified: October 15, 2025

These Terms of Use constitute a legally binding agreement between you, the user of our App (“you” or “your”) and Agurto Corporation dba Pestec and its affiliates who are associated with the Effective Urban Rodent Ecology Knowledge Alliance (EUREKA) (collectively “we” “us” or “our”) regarding your access and use of the Rodent Log mobile application (the “App”).

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE APP. THE SERVICES PROVIDED THROUGH THE APP ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18.


Acceptance of Terms of Use

You agree that by accessing and using the App, you have read, understood, and agree to be bound by these Terms of Use.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE APP.


Changes to Terms of Use

We reserve the right to supplement or modify the terms of these Terms of Use at any time and for any reason. We will notify you of the changes by updating the “Last Updated” date above, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the App after the date of revision will constitute your knowledge and acceptance of the changes.


License and License Use

When you access the App via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained within these Terms of Use.

The license granted to you hereunder is a non-transferable license to use the App on a device that utilizes the Apple iOS operating system, and in accordance with the usage rules set forth in Apple’s terms of service which are incorporated herein by reference. We are responsible for providing any maintenance and support with respect to the App, and you acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services for the App. In the event of any failure in the App to conform to any applicable warranty, you may notify Apple, and Apple, in accordance with its own policies, may refund the purchase price of the App, if any, and to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App. You represent that you are not in a country that is subject to a United States government embargo, or that has been designated by the U.S. government a terrorist supporting country, and you are not listed on any U.S. government list of restricted parties. You agree to comply with Apple’s third-party terms of agreement when using the App, and acknowledge and agree that Apple is a third-party beneficiary to this mobile application license contained within these Terms of Use with a right of enforcement of these Terms of Use against you.

You will only create an account for yourself and you agree that you will not create an account for anyone other than yourself. You will not sell, transfer, or assign your account to third parties. All information provided to us when you set up an account will be true and accurate and you agree to maintain the truth and accuracy of your account information at all times for as long as you are using the App.

You agree to only use the App for legal purposes that are permitted by these Terms of Use. Violation of this section will result in immediate termination of your account with or without notice to you.


Prohibited Uses

As part of the license granted to you hereunder, you shall not:

  1. Use the App for any illegal or unauthorized purpose, or violate any applicable laws, rules or regulations in connection with your access or use of the App;

  2. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;

  3. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

  4. Post material that is violent, hateful, unlawful, discriminatory, or obscene;

  5. Engage in any behavior that is defamatory, intimidating, threatening, harassing, or abusive;

  6. Access the accounts of other App users without their permission or impersonate others using the App;

  7. Collect usernames or email addresses of App users for the purpose of sending unsolicited email or other commercial advertisements or messages;

  8. Interfere with or disrupt the services made available through the App, or our servers or networks, including by the transmission of any worms, viruses, spyware, malware or any other code;

  9. Circumvent, disable, or otherwise interfere with the security features of the App;

  10. Use the App to create a product, service, or software that is directly or indirectly competitive with the App;

  11. Use or allow third parties to use, copy, distribute, disseminate, broadcast, circulate, transmit, display, reproduce, publish, license, creative derivative works from, frame in another App or on a web page, or transfer or sell, any information text, messages, images, photos, videos, illustrations, lists, databases, trademarks, copyrights, catalogs, literature, technical information, or other content or material contained in the App.

Any unauthorized use of the App, or any of the content available in the App may subject you to liability under applicable federal, state, or local laws, rules and regulations. In the event you engage in, or are accused of engaging in, any of the activity listed in this section, we reserve the right in our sole discretion to immediately disable and/or cancel your account with or without notice to you.


Intellectual Property

The App is our proprietary property, and all source code, databases, functionality, software, audio, video, text, photographs, logos, and graphics on the App, and all associated trademarks, service marks, copyrights, and any other intellectual property (collectively the “Intellectual Property”) is owned and controlled by us, or licensed to us, and is protected by copyright and trademark laws, and other various intellectual property rights and laws. Nothing in these Terms of Use, or your use of the App shall be construed as transferring any ownership in the App or the Intellectual Property to you. No part of the App or the Intellectual Property may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited without our express written consent.


Content You Provide

When you post, upload, input, submit or otherwise transmit content to us using the App, you agree to provide true, accurate, and complete information, and to refrain from uploading false information. You also warrant that you own or otherwise control all of the rights to such content, including without limitation, all rights necessary for you to transmit such content to us. All content submissions submitted by you, including photographs, location specific information, particulars of rodent appearances or activity, questions, comments, suggestions, ideas, feedback, or other information provided to us by you, are non-confidential and shall become our property upon our receipt. We shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these content submissions, for any purpose, commercial, research, or otherwise, and you hereby warrant that any such content submissions are original, or, that you have the right to submit and transfer ownership of such submissions to us. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right you may claim to have in your content submissions.

You promise that you will not use transmit content through the App that:

  1. is not related to rodent control or pest management;

  2. is misleading to others or false;

  3. is unlawful, harmful, threatening, obscene, vulgar, libelous, hateful, or otherwise objectionable;

  4. that you do not have the right to post or transmit under any law or contractual relationship;

  5. that constitutes the infringement of a third party’s intellectual property rights; or,

  6. that contains software viruses or any computer code or files that is designed to interrupt, destroy, or limit the functionality of any software or hardware.


Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on our website or through the App infringes upon any copyright you own or control, please immediately notify us by sending a message to the contact information below.


Representations and Warranties

By using the App, you represent and warrant the following:

  1. the account registration information you provide will be true, accurate, current, and complete, and promptly updated as necessary;

  2. you have the legal capacity to, and agree to comply with these Terms of Use;

  3. you are not under the age of 18;

  4. you will not access the App through non-human or automated means;

  5. you will not use the app for any illegal or unauthorized purpose;

  6. all content you upload to the App and transfer to us will be original and owned by you at the time of transfer; and,

  7. your use of the App will not violate any applicable laws or regulations.


Privacy

We take matters of privacy and information seriously, and endeavor to maintain the privacy and security of any and all such information that you provide to us through the App and/or the Eureka Alliance website, when applicable. The App may collect data voluntarily submitted by you, including username; password; technical support questions; location data (GPS coordinates for map centering and survey context, and approximate location where rodent activity was documented by the user); photos and media taken within the app or selected from App users’ photo galleries); photo metadata (timestamp, device type, file size); embedded location coordinates (if enabled); survey data (user-entered survey responses and data fields; survey submission timestamps; submission status; technical and diagnostic data; user device type and operating system version; App version and build number; crash reports and error logs; and, network connection status. You can review our Privacy Policy here:Privacy Policy. This Privacy Policy applies to any and all personal information, content, and other information that is provided to us by you, or is collected from or about you from the App or website.

The App may also collect data related to rodent management activities, trap usage, environmental observations and other related pest management activities. All pest management data collected is aggregated and anonymized for professional, research, and public health purposes. Your use of the App constitutes consent to such data collection, processing, and anonymized sharing of information.

Please be advised that the App is hosted in the United States. If you access the App from the European Union, Asia, or any other region of the world with laws that differ from applicable laws in the United States, then through your continued use of the App, you are transferring your data to the United States, and you expressly consent to have your data transferred and processed in the United States. We do not knowing accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us, we will delete that information from the App as quickly as is reasonably practicable.


Modifications and Interruptions in Service

We reserve the right to change, modify, or remove contents of the App at any time and for any reason in our sole discretion. We also reserve the right to discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

We cannot guarantee that the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance that could result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience resulting from any downtime, discontinuance, or unavailability of the App.


Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, shareholders, employees, partners, agents, and representatives from and against any loss, damage, liability, claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of: 1) your misuse of the App; 2) your breach of any of the provisions in these Terms of Use; 3) breach of your representations and warranties herein; 4) your violation of the rights of any third party, including intellectual property rights; 5) any harmful act toward any other user of the App; 6) any damage caused by you, or your use to the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


Disclaimer of Warranty

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISLCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE OF THE APP, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY OTHER APPS OR WEBSITES LINKED TO THE APP.


Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.


Termination

These Terms of Use are effective until terminated. Your rights to use the App may be terminated for breach of any provision of these Terms of Use. Upon termination, you must cease using the App and delete all copies of the App from your mobile devices.


Governing Law

The terms and conditions in these Terms of Use, and your use of the App are governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.


Miscellaneous

The terms and conditions herein, along with our Privacy Policy constitute the entire agreement and understanding between you and us with respect to the App. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any circumstances beyond our reasonable control. If any provision herein is deemed to unlawful, void, or unenforceable, that provision or part thereof shall be enforced to the maximum extent, and shall not impact or impair the enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency created between you and us relating to these Terms of Use, or your use of the App. You agree that the provisions herein will not be construed against us by virtue of us having drafted them. You hereby waive any defenses based on the electronic form, and the lack of signing by the parties hereto.


Contact Us

You may contact us at any time regarding the App, your use of the App, our privacy practices, or for any other purpose concerning the App at:

https://eurekalliance.org/