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Terms of Service

Version Terms_of_Service_v1.0Effective July 20, 2026Current policy

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ChemCal Pro Terms of Service

Effective date: July 16, 2026

Last updated: July 17, 2026

Document ID: CCP-LEGAL-TOS-001

Version: 1.2

Provider: ChemCal Pro LLC, a Texas limited liability company

These Terms of Service (the “Terms”) govern access to and use of ChemCal Pro’s websites, applications, documentation, product-information tools, calculator-building tools, Field Tools, and related services (collectively, the “Service”). These Terms form a binding agreement between ChemCal Pro LLC (“ChemCal Pro,” “we,” “us,” or “our”) and the organization obtaining the Service (“Customer”). Individuals whom Customer authorizes to use the Service are “Authorized Users.” ChemCal Pro’s members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers are collectively the “ChemCal Pro Protected Parties.”

1. Acceptance and organizational authority

  1. The individual accepting these Terms represents and warrants that the individual is at least 18 years old and has authority to bind Customer. If that individual lacks authority, the individual must not accept these Terms or use the Service for the organization.
  2. Acceptance may occur electronically, including by clicking an acceptance control, creating or activating an organization, signing an order form, or using the Service after being presented with these Terms.
  3. Customer is responsible for ensuring that its Authorized Users comply with the portions of these Terms applicable to them. An Authorized User may not bind Customer to a different agreement unless expressly authorized.
  4. If Customer and ChemCal Pro execute an order form or master services agreement that expressly conflicts with these Terms, the negotiated document controls for that Customer to the extent of the conflict.
  5. As a condition of individual access, each Authorized User accepts Sections 3 through 7, 13, 16, 18, 19, and 22 in the Authorized User’s individual capacity when the Service presents these Terms or an incorporated Authorized User notice and records acceptance. Customer must not permit access by an individual who has not completed any required acceptance. ChemCal Pro may maintain an electronic record of the accepted legal version, timestamp, user, and organization.

2. The Service

  1. ChemCal Pro is a pesticide information, label and safety-data-sheet organization, structured-calculation, and company-workflow platform for pest-management and related professionals.
  2. The Service may allow Customer to organize products; upload or adopt Labels, safety data sheets (“SDS”), images, and supporting materials; create company guidance; configure structured calculators; use general Field Tools; and release Customer-approved information to Authorized Users.
  3. ChemCal Pro is not a customer relationship management system, job-management system, scheduling or routing system, invoicing system, treatment or pesticide-application record system, regulatory filing system, or compliance-reporting system.
  4. Features, interfaces, and third-party integrations may change over time. ChemCal Pro will not materially reduce the core functionality of a paid subscription during its then-current monthly term without reasonable notice, except where a change is necessary for security, legal compliance, third-party availability, or prevention of harm.

3. Pesticide labels and Customer responsibility

  1. Controlling authority. In the United States, the current applicable EPA- and state-approved pesticide label and labeling control. Outside the United States, the current official product authorization, label, directions, and applicable local law control. Information displayed in the Service does not replace the current controlling documents.
  2. No authorization or certification. ChemCal Pro does not authorize, recommend, approve, certify, prescribe, or guarantee any pesticide product, use, rate, dilution, concentration, site, pest or crop, frequency, method, equipment, PPE, re-entry interval, pre-harvest interval, restriction, registration, or legal compliance.
  3. Customer decisions. Customer is solely responsible for:
  • selecting products and determining whether each product and intended use are permitted in the applicable jurisdiction;
  • obtaining and reviewing the current Label, labeling, SDS, supplemental labeling, state-specific requirements, and company requirements;
  • interpreting Labels and resolving conflicts, ambiguities, missing information, or changed registrations;
  • confirming rates, units, sites, pests or crops, methods, equipment, PPE, restrictions, intervals, and maximum frequency;
  • selecting a Guided Setup type and creating, entering, reviewing, testing, verifying, locking, publishing, and withdrawing Customer calculators and company instructions;
  • ensuring all required licenses, certifications, permits, training, supervision, and recordkeeping; and
  • supervising actual pesticide handling and application.
  1. No reliance on summaries. Structured label summaries, search results, company notes, platform product templates, Guided Setup types, tutorials, and supporting resources are convenience aids and may be incomplete, outdated, or inapplicable. Customer must verify information against the current controlling Label and applicable requirements before use.
  2. Jurisdictional differences. Product registration and permissible use may differ by country, state, province, territory, locality, site, crop, or pest. Availability of information in the Service does not mean a product or use is lawful in a particular location.

4. Calculators and Field Tools

  1. ChemCal Pro provides code-defined Guided Setup types that organize calculator setup into structured fields and operations. Guided Setup types are setup patterns only—not calculators, formula sources, pesticide recommendations, Label interpretations, product-specific instructions, authorizations, approvals, or guarantees.
  2. Customer creates its own product-bound calculators by selecting a Guided Setup type and entering, reviewing, testing, verifying, locking, and publishing its own company-selected or Label-derived values, units, sources, and instructions. ChemCal Pro performs structured mathematical operations using those Customer-selected or Customer-entered elements.
  3. ChemCal Pro does not distribute product-specific calculators and does not provide a platform calculator-template cloning library. Guided Setup types do not contain or supply product-specific rates, formulas, or pesticide-use decisions.
  4. Customer owns and is responsible for its calculator definitions, product associations, formulas, values, units, sources, verification decisions, lock and publication decisions, and instructions to technicians. Customer responsibility applies whether it creates a calculator through Guided Setup, clones one of its own organization’s calculators, or receives administrative or technical setup assistance from ChemCal Pro.
  5. Same-organization calculator cloning copies Customer-controlled calculator content for use within that Customer organization; it is not distribution or adoption of a ChemCal Pro calculator or formula.
  6. ChemCal Pro setup assistance is administrative and technical assistance, not certification or formula authority. Customer must independently review, verify, and approve the completed calculator before technician use.
  7. Calculator outputs and Field Tool results are aids only. They are not application records, treatment records, customer or job records, regulatory filings, compliance reports, legal opinions, safety determinations, or guarantees.
  8. Before relying on any result, Customer and its Authorized Users must verify the product, current Label, rate, units, use site, pest or crop, PPE, restrictions, method, equipment, and company instructions.
  9. Customer must maintain legally required application, treatment, customer, job, and compliance records outside ChemCal Pro.

5. Customer Content

  1. Ownership. As between the parties, Customer retains ownership of information, documents, files, formulas, instructions, internal nicknames, company guidance, images, links, and other content submitted to or created within Customer’s organization account (“Customer Content”).
  2. Limited license. Customer grants ChemCal Pro a worldwide, nonexclusive, royalty-free license during the subscription term and applicable retention period to host, copy, transmit, display, format, back up, secure, troubleshoot, and otherwise process Customer Content only as reasonably necessary to provide, maintain, protect, and support the Service; comply with law; and enforce the agreement.
  3. Customer warranties. Customer represents that it has all rights, permissions, notices, and lawful bases needed for Customer Content and ChemCal Pro’s permitted processing of it.
  4. Accuracy and review. Customer is responsible for the accuracy, currency, completeness, quality, legality, and appropriateness of Customer Content and for all decisions made from it.
  5. Prohibited content. Customer must not upload malicious code, unlawful material, content that infringes another person’s rights, unnecessary sensitive personal data, health or biometric data, pest-company customer lists, service addresses, route or job data, pesticide-application records, or other information outside the Service’s intended scope unless ChemCal Pro has expressly enabled and documented a feature for that information.
  6. Feedback. If Customer voluntarily provides product suggestions or feedback, ChemCal Pro may use it without restriction or compensation, provided ChemCal Pro does not publicly identify Customer without permission.

6. Accounts and Authorized Users

  1. Customer controls its Company Admins, technicians, roles, invitations, and access decisions. Customer must promptly suspend or remove access when no longer authorized.
  2. Each person must use an individual account. Shared or generic accounts are prohibited.
  3. Customer and Authorized Users must maintain accurate account information, protect credentials and magic links, use reasonable device security, and notify ChemCal Pro promptly of suspected unauthorized access.
  4. Customer is responsible for activity under its accounts except to the extent directly caused by ChemCal Pro’s breach of these Terms or failure to use commercially reasonable security measures.
  5. ChemCal Pro may rely on instructions and approvals from an active Company Admin as authorized Customer instructions.

7. Acceptable Use

Customer and Authorized Users must not:

  • use the Service unlawfully or to facilitate an unlawful pesticide use;
  • represent that ChemCal Pro approved, certified, or recommended a product, use, formula, rate, instruction, or technician;
  • bypass verification, lock, role, subscription, or tenant-isolation controls;
  • access another organization’s data or test for vulnerabilities without written authorization;
  • share accounts, impersonate another person, or provide false organizational authority;
  • upload malware, interfere with availability, overload the Service, or use automated access that materially burdens the Service;
  • reverse engineer or attempt to derive nonpublic source code except where applicable law prohibits that restriction;
  • copy, resell, sublicense, frame, or commercially exploit the Service except as expressly permitted;
  • use Service output to train or develop a competing product or dataset without written permission;
  • remove proprietary notices; or
  • use the Service in a way that creates material safety, security, legal, or reputational risk.

ChemCal Pro may investigate suspected violations and preserve relevant evidence. We will limit access to Customer Content to what is reasonably necessary for the investigation.

8. Subscription, fees, taxes, and payment

  1. Paid subscriptions renew monthly until canceled. The plan, included seats, add-on seats, and price displayed at checkout or in an order form are incorporated into these Terms.
  2. Customer authorizes ChemCal Pro and its payment provider to charge the applicable subscription fees and taxes to the selected payment method at the beginning of each billing period.
  3. Customer must keep payment and billing information current. ChemCal Pro does not store complete payment-card numbers when hosted payment-provider services are used.
  4. Fees are stated exclusive of applicable sales, use, value-added, goods-and-services, withholding, or similar taxes unless checkout states otherwise. Customer is responsible for applicable taxes other than taxes on ChemCal Pro’s net income.
  5. ChemCal Pro may change prices for a future monthly renewal by providing reasonable advance notice. Customer may cancel before the new price takes effect.
  6. Past-due amounts may result in restricted functionality or suspension after notice where reasonably practicable.

9. Cancellation and refunds

  1. Customer may cancel through the available account or billing controls or by contacting info@chemcalpro.com from an authorized account.
  2. Cancellation stops the next monthly renewal. Unless suspended or terminated for cause, Customer retains access through the end of the paid billing period.
  3. Refund eligibility is governed by the ChemCal Pro Refund and Cancellation Policy incorporated into these Terms.
  4. ChemCal Pro’s voluntary refund policy does not limit mandatory, non-waivable rights or remedies.

10. Support and availability

  1. Standard support is generally staffed Tuesday through Thursday, 9:00 a.m. to 3:00 p.m. Central Time, excluding U.S. federal holidays and announced closures.
  2. Support hours are not guaranteed response or resolution times. Messages received outside staffed hours are handled during later support periods.
  3. ChemCal Pro will use commercially reasonable efforts to make the Service available, but self-service subscriptions do not include a percentage uptime commitment, 24/7 support, or guaranteed response or resolution time.
  4. Maintenance, security events, provider outages, force majeure, internet conditions, and emergency changes may affect availability.
  5. Any service-level agreement or enhanced support commitment applies only if stated in a signed enterprise order form or MSA.

11. Privacy and data processing

  1. The ChemCal Pro Privacy Policy explains how ChemCal Pro handles personal information for its own purposes.
  2. The ChemCal Pro Data Processing Addendum (“DPA”) is incorporated into these Terms when ChemCal Pro processes Customer Personal Data on Customer’s behalf.
  3. Customer is the controller or business, and ChemCal Pro is the processor or service provider, for Customer-directed processing described in the DPA.
  4. ChemCal Pro acts as an independent controller or business for limited purposes including contracting, account administration, billing, fraud prevention, service security, legal compliance, direct service communications, and establishing or defending legal claims.

12. Third-party services

  1. The Service relies on third-party hosting, database, authentication, payment, email, and other providers. Current subprocessors are identified in ChemCal Pro’s Subprocessor List.
  2. Optional third-party links or integrations may be governed by the third party’s terms. ChemCal Pro is not responsible for third-party services outside its control, but this sentence does not limit ChemCal Pro’s obligations for its subprocessors under the DPA.
  3. Customer authorizes ChemCal Pro to use the subprocessors listed in accordance with the DPA.

13. ChemCal Pro intellectual property

  1. ChemCal Pro and its licensors own the Service, software, interfaces, workflows, code-defined Guided Setup types, platform product templates, design, documentation, platform content, trademarks, and all related intellectual-property rights, excluding Customer Content. ChemCal Pro’s ownership of a Guided Setup type does not give ChemCal Pro ownership of Customer’s product-bound calculator, formula, values, sources, or company instructions.
  2. Subject to these Terms and payment of fees, ChemCal Pro grants Customer a limited, nonexclusive, nontransferable, nonsublicensable right during the subscription term for Authorized Users to access and use the Service for Customer’s internal business operations.
  3. No rights are granted by implication. ChemCal Pro reserves all rights not expressly granted.

14. Confidentiality

  1. Each party may receive nonpublic information that a reasonable person would understand to be confidential (“Confidential Information”).
  2. The receiving party will use the other party’s Confidential Information only to perform or receive the Service and will protect it using at least reasonable care.
  3. Confidential Information does not include information the receiving party can document was lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is independently developed without use of the information.
  4. A party may disclose Confidential Information when legally required after giving notice where legally permitted and reasonably practicable.

15. Suspension and termination

  1. ChemCal Pro may suspend access when reasonably necessary to address nonpayment, a security threat, suspected unlawful use, material breach, risk of harm, sanctions or export-control restrictions, or a legal requirement.
  2. Where reasonably practicable, ChemCal Pro will provide notice and an opportunity to cure before suspension. Immediate suspension is permitted for urgent security, safety, legal, or platform-integrity risk.
  3. Either party may terminate for an uncured material breach after 30 days’ written notice, or immediately if the breach cannot reasonably be cured.
  4. Upon termination, Customer’s right to use the Service ends after any applicable paid-access period. Data return, deletion, and permitted retention are governed by the DPA and Privacy Policy.
  5. Provisions that by their nature should survive will survive, including payment obligations, ownership, confidentiality, disclaimers, indemnification, liability limitations, dispute terms, and permitted data retention.

16. Disclaimers

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
  2. CHEMCAL PRO DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
  3. CHEMCAL PRO DOES NOT WARRANT THAT THE SERVICE, CUSTOMER CONTENT, PLATFORM PRODUCT TEMPLATES, GUIDED SETUP TYPES, LABEL SUMMARIES, CUSTOMER CALCULATORS, FIELD TOOLS, OR RESULTS WILL BE ERROR-FREE, COMPLETE, CURRENT, CONTINUOUSLY AVAILABLE, OR SUITABLE FOR ANY PARTICULAR PRODUCT, USE, JURISDICTION, OR REGULATORY PURPOSE.
  4. CHEMCAL PRO DOES NOT WARRANT OR GUARANTEE PESTICIDE SAFETY, EFFICACY, LEGALITY, REGISTRATION, LABEL COMPLIANCE, OR APPLICATION OUTCOME.
  5. These disclaimers do not exclude warranties or rights that cannot lawfully be excluded.

17. Customer indemnification

Customer will defend, indemnify, and hold harmless ChemCal Pro and its officers, employees, and contractors from third-party claims, damages, penalties, losses, and reasonable legal fees arising from:

  • Customer’s or an Authorized User’s pesticide selection, instruction, handling, or application;
  • Customer Content, company guidance, calculator formulas, values, verification, or release decisions;
  • Customer’s violation of pesticide, licensing, employment, privacy, or other applicable law;
  • Customer’s breach of Sections 3 through 7; or
  • unauthorized use caused by Customer’s failure to protect or remove accounts,

except to the extent the claim was caused by ChemCal Pro’s material breach, gross negligence, willful misconduct, or violation of law. ChemCal Pro will provide prompt notice and reasonable cooperation. Customer may not settle a claim in a way that admits fault by or imposes obligations on ChemCal Pro without written consent.

18. Limitation of liability

  1. Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CHEMCAL PRO NOR ANY CHEMCAL PRO PROTECTED PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, EXPECTED SAVINGS, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
  2. One-month aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY CLAIM OR GROUP OF CLAIMS ARISING FROM THE SAME OR RELATED FACTS, CIRCUMSTANCES, ACTS, OMISSIONS, OR SERIES OF EVENTS, THE TOTAL CUMULATIVE LIABILITY OF CHEMCAL PRO AND ALL CHEMCAL PRO PROTECTED PARTIES, COLLECTIVELY, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, ANY ORDER, OR THE DPA WILL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO CHEMCAL PRO FOR ONE MONTHLY BILLING PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THOSE CLAIMS. IF THE EVENT OCCURS DURING CUSTOMER’S FIRST PAID MONTH, THE CAP IS THE SUBSCRIPTION FEE ACTUALLY PAID FOR THAT MONTH.
  3. Claims covered. The exclusions and cap apply to the fullest extent permitted by law to all claims and causes of action, whether in contract, warranty, tort (including ordinary negligence), strict liability, statute, equity, or otherwise, including claims arising from an outage, error, security incident, data breach, loss, corruption, unauthorized access, use or disclosure of data, privacy event, or failure of a remedy. The number of incidents, claims, claimants, Authorized Users, or legal theories does not increase the cap when they arise from the same or related facts, circumstances, acts, omissions, or series of events.
  4. Credits and refunds. Any refund, service credit, reimbursement, or other amount ChemCal Pro pays or applies for the applicable claim or event counts toward and reduces the cap. Customer may not obtain duplicative recovery for the same loss.
  5. Non-recourse to individuals. Customer agrees that its contractual recourse concerning the Service is solely against ChemCal Pro LLC. To the maximum extent permitted by law, Customer will not bring a claim concerning the Service against a ChemCal Pro Protected Party in that person’s or entity’s individual capacity. Each ChemCal Pro Protected Party is an intended third-party beneficiary of this Section and may enforce it directly.
  6. Exceptions required by law. This Section does not exclude or limit liability to the extent a limitation is prohibited by applicable law, including any liability that cannot lawfully be limited for fraud, willful misconduct, certain gross negligence, personal injury, statutory duties or penalties, or mandatory privacy, data-protection, consumer, or small-business rights. Customer’s payment obligations and indemnification obligations are not limited by this Section.
  7. Basis of the bargain. The limitations in this Section are cumulative, are an essential basis of the bargain and pricing, and apply even if a limited remedy fails of its essential purpose. The parties acknowledge that ChemCal Pro would not provide the Service at the stated subscription price without these allocations of risk.

19. Dispute resolution, governing law, and venue

  1. Before filing a claim, the parties will attempt in good faith to resolve it through written notice describing the dispute and requested relief. Either party may proceed after 30 days, or sooner when necessary to seek urgent injunctive relief or preserve a limitation period.
  2. These Terms are governed by Texas law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
  3. Subject to mandatory rights that cannot be waived, the state courts located in Fort Bend County, Texas, and the United States District Court for the Southern District of Texas, Houston Division, have exclusive jurisdiction. Each party consents to personal jurisdiction and venue there.
  4. Nothing prevents either party from seeking relief in a court of competent jurisdiction for unauthorized access, misuse of intellectual property, breach of confidentiality, or urgent security risk.
  5. These Terms do not require arbitration.

20. International use

  1. ChemCal Pro is operated from the United States. Customer is responsible for determining whether use is lawful in its location and for complying with local pesticide, licensing, employment, privacy, tax, sanctions, import/export, and professional requirements.
  2. ChemCal Pro may restrict availability in a jurisdiction where legal, operational, security, tax, or vendor requirements cannot reasonably be supported.
  3. Mandatory local rights prevail to the extent they cannot lawfully be waived.

21. Changes to these Terms

  1. ChemCal Pro may update these Terms to reflect Service, legal, security, or operational changes.
  2. We will identify the effective date and provide reasonable advance notice of material changes. If a material change requires Customer acceptance, an authorized Company Admin may be required to accept the new version before continuing protected workflows.
  3. Changes will not retroactively reduce accrued rights or expand Customer’s payment obligations for an already-paid monthly period.

22. General terms

  1. Neither party may assign the agreement without the other’s consent, except ChemCal Pro may assign it in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant assets, provided the assignee assumes the obligations.
  2. ChemCal Pro may use contractors and subprocessors but remains responsible as provided in the agreement and DPA.
  3. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations and obligations to protect Confidential Information.
  4. Notices may be electronic. Legal notices to ChemCal Pro must be sent to info@chemcalpro.com and, when legally required, to ChemCal Pro LLC, 63 Marino Drive, Missouri City, Texas 77459, United States. Account, product, billing, or platform notices may be delivered through the Service or to the account email.
  5. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder continues.
  6. Failure to enforce a provision is not a waiver. Headings are for convenience. “Including” means “including without limitation.”
  7. These Terms, the Privacy Policy, DPA, Refund and Cancellation Policy, applicable order form, and any signed MSA are the complete agreement regarding the Service.