Terms of Service

Last updated: July 4, 2026

These Terms of Service ("Terms") are a legal agreement between Gestora, Inc. ("Gestora," "we," "us," or "our") and the organization that subscribes to or uses our Services ("Customer," "you," or "your"). By accessing or using the Services, or by authorizing your users to do so, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

If you do not agree to these Terms, do not use the Services.

1. The Services

Gestora provides an operational insights platform that turns the everyday messages your teams send into organized, owned issues and a real-time health grade for the operations you run (the "Services"). Your teams and users interact with the Services through supported messaging channels (such as WhatsApp, Telegram, SMS, email, and the web app) and through the web application.

We may update, improve, and change the Services over time. We may also add or modify features, and we will not materially reduce the core functionality of a paid subscription during a paid term without notice.

2. Accounts and eligibility

  • Authority. Accounts and user access are administered by the Customer. You are responsible for the users you authorize and for their compliance with these Terms.
  • Access requires a role. Access to operational features is governed by the roles your organization assigns. A user without an assigned role does not have operational access.
  • Account security. You are responsible for maintaining the confidentiality of access to your account, for the actions taken under it, and for keeping account information accurate. Notify us promptly of any unauthorized use.
  • Eligibility. The Services are for business use by organizations and their workforce. They are not intended for individuals under 18.

3. Customer Data and your responsibilities

Ownership. As between you and Gestora, you own all data, messages, files, and content that you and your users submit to the Services, and the operational outputs derived from it ("Customer Data"). You grant Gestora a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and support the Services, to secure them, and as otherwise permitted in these Terms and our Privacy Policy.

Your legal responsibility for the data. You are responsible for your Customer Data and for the way you collect and use it. In particular, you represent that:

  • you have provided appropriate notices to, and obtained any consents required from, the individuals whose messages, phone numbers, voice notes, photos, or other information are submitted to the Services (including your workers, contractors, and contacts who communicate through messaging channels);
  • your use of the Services complies with all laws that apply to you, including labor, privacy, communications, and workplace-safety laws; and
  • your Customer Data does not infringe the rights of others.

Roles. For Customer Data, you are the controller and Gestora is a processor acting on your instructions, as described in the Privacy Policy. You decide who in your organization may access the data and configure the Services accordingly.

4. Acceptable use

You agree not to, and not to allow anyone to:

  • use the Services in violation of any law or the rights of others;
  • use the Services for bulk surveillance of individuals beyond legitimate operational management, or for harassment, discrimination, or intimidation;
  • send messages that violate the terms of the underlying messaging platforms (for example, WhatsApp, Telegram, or SMS provider policies), or send unlawful, unsolicited, or bulk messaging;
  • upload malware, attempt to breach or circumvent security or tenant isolation, or access data belonging to another Customer;
  • reverse engineer, resell, or use the Services to build a competing product, except to the extent this restriction is prohibited by law;
  • interfere with or place an unreasonable load on the Services or their infrastructure; or
  • misrepresent your identity or authority.

We may suspend access to protect the Services, our Customers, or third parties, or to address a violation of this section, and will use reasonable efforts to notify you.

5. Third-party services

The Services rely on and integrate with third-party services, including messaging platforms, mapping, payment processing, and infrastructure providers. Your use of those services through Gestora may also be subject to their terms. We are not responsible for third-party services, and their availability is outside our control. Some features depend on these providers and may change if a provider changes its offering.

6. Fees and payment

  • Subscriptions. Paid Services are provided on a subscription basis under the plan you select. Fees, seat limits, and billing terms are those presented at the time of purchase.
  • Billing. Subscriptions are billed through our payment processor. Unless stated otherwise, subscriptions renew automatically for successive periods until cancelled, and fees are non-refundable except where required by law.
  • Taxes. Fees are exclusive of taxes, which are your responsibility except for taxes on our income.
  • Non-payment. If fees are past due, we may suspend the Services after notice. Suspension for non-payment does not relieve you of the obligation to pay.
  • Changes to fees. We may change fees for future subscription periods; changes do not apply to a period you have already paid for.

7. Term, termination, and data

  • Term. These Terms apply for as long as you use the Services or maintain a subscription.
  • Cancellation. You may cancel your subscription at any time, effective at the end of the current billing period, unless otherwise agreed.
  • Termination by us. We may suspend or terminate the Services for material breach of these Terms that is not cured after notice, for non-payment, or if required by law.
  • Effect of termination. On termination, your right to access the Services ends. For 30 days after termination you may request an export of your Customer Data. After that, we delete or de-identify your Customer Data — including copies held in backups — within 90 days, except where retention is required by law. We do not continue to use your Customer Data after termination other than to carry out this deletion or as required by law.
  • Survival. Sections that by their nature should survive termination (including ownership, confidentiality, disclaimers, limitation of liability, and indemnification) will survive.

8. Confidentiality

Each party may receive information from the other that is confidential. Each party agrees to protect the other's confidential information with reasonable care and to use it only as needed to exercise its rights and perform its obligations under these Terms. This section does not apply to information that is public, independently developed, or lawfully received from a third party.

9. Intellectual property and feedback

Gestora and its licensors own the Services, including all software, models, designs, and trademarks. Except for the rights expressly granted to you to use the Services, we reserve all rights. You retain ownership of your Customer Data. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them to improve the Services, without obligation to you.

10. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Gestora disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Services provide decision support, not decisions. The issues and health grades the Services produce are generated in part by automated and AI-based processing and may be incomplete, delayed, or inaccurate. They are tools to help you manage your operations. They are not a substitute for your own professional judgment or for your legal, safety, and compliance obligations. You remain solely responsible for the safety of your operations and workforce and for your operational and compliance decisions. We do not warrant that the Services will be uninterrupted, error-free, or that any signal or grade is accurate or complete.

11. Limitation of liability

To the fullest extent permitted by law:

  • neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to the Services or these Terms; and
  • each party's total liability arising out of or relating to these Terms will not exceed the amount you paid to Gestora for the Services in the twelve months before the event giving rise to the liability.

These limitations apply regardless of the theory of liability and even if a party has been advised of the possibility of the damages. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You will defend and indemnify Gestora against third-party claims, damages, and costs arising out of your Customer Data, your use of the Services in violation of these Terms or applicable law, or your failure to obtain the notices and consents described in Section 3. We will defend and indemnify you against third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Changes are effective when posted, and your continued use of the Services after that means you accept the revised Terms.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to that jurisdiction and venue. Before filing a claim, the parties will attempt in good faith to resolve the dispute informally.

15. General

  • Entire agreement. These Terms, together with the Privacy Policy and any order or plan you accept, are the entire agreement between you and Gestora regarding the Services and supersede prior agreements on the subject.
  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
  • Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it.
  • Notices. We may provide notices to you through the Services or by email; you may contact us at the address below.

16. Contact us

Gestora, Inc.
131 Continental Drive, Suite 305
Newark, DE 19713, United States
Legal inquiries: legal@mygestora.com
General: hello@mygestora.com