Terms of service
These terms govern the use of Gestivo, business management software provided by BustaSoft LLC ("we", "us"). The business that signs up ("customer", "you") and the people it invites to its account accept them by using Gestivo. If you use Gestivo on behalf of a company, you confirm that you can bind it to these terms.
1. The service
Gestivo is offered online as a subscription. It lets a customer manage its clients, schedule, visits, quotes, invoices, payments, staff, time entries and books, and, if it chooses, take card payments, connect bank accounts and send messages to its clients. Which features an account has depends on its plan.
2. Accounts and security
- The account owner is responsible for the people it invites, the roles it gives them and what they do in the account.
- Every user must keep their password and second sign-in step (an authenticator app, a passkey or a code by email) to themselves, and tell us at [email protected] if they suspect someone else used them.
- The information given when signing up must be true and kept up to date.
3. Plans, trial and billing
- Price per location: plans are priced per active location of the account, per month or per year. Adding or reactivating a location raises the price, and deactivating one lowers it; the difference is prorated on the next invoice.
- Trial: a plan may include free days, counted from when the account gets its plan. The trial is given once per account. When it ends, the plan is charged to the card on file.
- Renewal: subscriptions renew on their own at the end of each period until they are cancelled. Payments are processed by Stripe; prices do not include taxes, which are added where the law requires them.
- Failed payments: if a payment fails, the account keeps working for 7 days while the card is updated. After that, and when a trial ends without a card, the account becomes read only: its data can be seen but not changed until the plan is paid.
- Cancellation: the owner can cancel at any time from Account > Plan and billing. The plan stays active until the end of the period already paid, and that period is not refunded, except where the law requires it.
- Price changes: we will tell account owners at least 30 days before a new price applies to them.
4. Card payments from your clients
If you choose to take card payments in Gestivo, you open your own Stripe account through Gestivo and accept the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. You are the seller of record: payments go to your Stripe account, Stripe charges you its own fees, and you are responsible for refunds, disputes and chargebacks with your clients. We may charge a platform fee on each payment, which is shown in the application before you take payments and is deducted when each payment is made. We never receive or store card numbers.
5. Bank connections
Connecting a bank account is optional and is done through Plaid Inc., under the Plaid End User Privacy Policy. Gestivo only reads transactions to reconcile them with your books; it cannot move money. You can disconnect a bank at any time.
6. Messages to your clients
When you send emails, text messages or WhatsApp messages from Gestivo, you are the sender. You must have your clients' consent where the law requires it (for example, under the TCPA and CAN-SPAM in the United States), honor opt-out requests, and follow the rules of the carriers and of WhatsApp. Text messages may require registering your business with the carriers before they can be sent.
7. Your data
- The data you enter about your business, clients and staff is yours. You give us permission to store and process it only to provide Gestivo to you, as described in our privacy policy.
- You are responsible for having the right to enter that data and for answering your clients' and employees' requests about it; we will help you do so.
- You can export your data from the application while your account is active. When the account is closed, its data is deleted on request, except what the law requires us to keep.
8. Acceptable use
You may not use Gestivo to break the law, send spam, store content you have no right to, try to reach other customers' data, probe or overload the service, or copy, resell or reverse engineer it. We may suspend an account that does, after warning it when the situation allows.
9. Availability and changes
We work to keep Gestivo available and secure, but it may be interrupted for maintenance or by causes outside our control. We improve the application over time and may change or retire features; if a change removes something important that you pay for, we will tell you in advance.
10. Warranties and liability
Gestivo is provided "as is" and "as available". To the extent the law allows, we make no warranties beyond those stated in these terms, and we are not liable for indirect, incidental or consequential damages, or for lost profits or data. Our total liability for any claim related to Gestivo is limited to the amount you paid us in the 12 months before the claim. Gestivo helps you keep your books but is not tax, legal or accounting advice.
11. Indemnity
You will defend and hold us harmless from claims by third parties that arise from the data you enter, the messages you send, the payments you take or your breach of these terms.
12. Ending the service
You can stop using Gestivo and cancel at any time. We may end or suspend an account for non-payment or for a serious breach of these terms. Sections 7, 10, 11 and 14 continue after the account ends.
13. Changes to these terms
If we change these terms, we will update the date above and, when the change is significant, tell account owners in the application or by email before it applies. Continuing to use Gestivo after that means accepting the new terms.
14. Governing law
These terms are governed by the laws of the State of Texas, United States, without regard to its conflict of laws rules.
15. Contact
BustaSoft LLC · [email protected]