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Terms of Service

These terms of service ("Terms") are a legal agreement between you and Gest LLC ("Gest," "we," "us"). They govern your use of the Gest website, mobile applications, and related services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use Gest. Gest is intended only for adults. By creating an account or otherwise using the Service, you represent and affirm that you are 18 years of age or older and that the information you provide is accurate and complete. By accepting these Terms — including the binding arbitration provision in Section 12 — you confirm that you meet this minimum-age requirement. We do not knowingly permit anyone under 18 to use the Service, and we may suspend or terminate any account we reasonably believe belongs to a person under 18. You are responsible for maintaining the security of your account credentials.

2. Not legal, medical, or financial advice

Gest provides general informational content about the surrogacy process. Nothing in the Service constitutes legal, medical, financial, or professional advice. The AI companion generates responses using a large language model and curated surrogacy content. AI responses may contain errors, omissions, or outdated information. Informational content — including state-specific legal summaries — is for general reference only and may not reflect current law. State laws change frequently.

You must consult licensed professionals — including a reproductive law attorney licensed in the relevant state — for decisions about your surrogacy journey. Do not rely on Gest or the AI companion as a substitute for professional counsel.

Gest is not for emergencies, diagnosis, treatment, clinical decision-making, or any use that requires medical device clearance or approval. If you have a medical emergency or urgent health concern, contact emergency services or a licensed healthcare professional.

3. Subscriptions and payments

Gest offers free and paid features. Journey Plus is a monthly auto-renewing subscription tied to your account. It unlocks Journey Plus features across all of the surrogacy journeys on your account, and renews automatically each month unless you cancel. Prices are shown before purchase in the app, Apple App Store, or Google Play Store. The price, taxes, billing period, and purchase terms shown at checkout control your purchase.

By purchasing Journey Plus, you agree to the pricing, billing period, and store terms presented at the time of purchase. The subscription renews automatically at the then-current price for successive one-month periods unless you cancel at least 24 hours before the end of the current period. We will not increase your subscription price without your consent, as required by the applicable app store; if you do not accept a price increase, your subscription will not renew at the higher price. You can manage or cancel your subscription at any time through your Apple ID or Google Play subscription settings; cancellation takes effect at the end of the current paid period and does not automatically refund amounts already paid. Refunds, credits, and billing disputes are handled under the policies of the Apple App Store or Google Play Store, as applicable. We use RevenueCat and app-store tools to validate subscription and entitlement status.

Gestational carriers join free. Gestational carrier accounts invited into a journey covered by an intended parent's active Journey Plus subscription receive Journey Plus access at no cost for as long as that subscription remains active.

4. Your content

You retain ownership of all content you create, upload, or share through Gest — including photos, messages, documents, and AI conversations. By using the Service, you grant us a limited, non-exclusive license to store, process, and display your content solely to provide the Service to you, and to produce aggregated or de-identified analytics as described in our Privacy Policy. We do not claim ownership of your content and will not use it for any purpose other than operating the Service.

You are responsible for ensuring you have the right to share any content you upload, including photos of other people and any personal, health, reproductive-health, medical, or legal information about another person. Do not upload content that infringes on the intellectual property, privacy, publicity, confidentiality, or other rights of others.

5. Acceptable use

You agree not to:

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice depending on severity.

6. Intellectual property and copyright

The Gest name, logo, design, and all original content (excluding user-generated content) are the property of Gest LLC and are protected by applicable intellectual property laws. You may not use our trademarks, branding, or content without prior written permission.

Copyright complaints (DMCA). We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on Gest infringes a copyright you own or control, email our designated copyright agent at hello@thegest.app (or by mail to Gest LLC, Attn: Copyright Agent, 30 N Gould St, Ste R, Sheridan, WY 82801) with: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material you claim is infringing and where it appears on the Service; (d) your name, address, and email; (e) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove material claimed to be infringing and will terminate the accounts of repeat infringers. If your content was removed, you may submit a counter-notice to the same address.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data.

8. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any information provided — including AI-generated content and state-specific legal summaries — will be accurate, complete, or current.

9. Limitation of liability

To the maximum extent permitted by applicable law, Gest LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or damages arising from reliance on information provided by the Service or the AI companion, regardless of the theory of liability.

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Gest LLC from third-party claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law; (c) your violation of the intellectual property, privacy, or other rights of a third party; or (d) content you upload, post, or share through the Service. This obligation does not apply to claims arising from our own negligence, willful misconduct, or breach of these Terms.

11. Termination

You may delete your account at any time. Upon deletion, we will remove your personal data in accordance with our Privacy Policy. We may suspend or terminate your access to the Service for violation of these Terms, with notice where practicable. If we terminate your account without cause, we will use commercially reasonable efforts to facilitate a refund of any prepaid subscription fees on a pro-rata basis through the applicable app store. Sections 2, 3, 4, 6, 8, 9, 10, 12, 13, and 14 survive termination.

12. Dispute resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted individually — class actions and class arbitrations are not permitted.

This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator — not a court — has exclusive authority to resolve any dispute about the interpretation, scope, enforceability, or formation of this arbitration agreement, except that a court, not the arbitrator, decides whether the class-action waiver is enforceable. If 25 or more arbitration demands raising similar claims are filed by or with the coordination of the same or common counsel, the demands will be resolved in staged batches, with bellwether cases, under the AAA's mass-arbitration procedures, so the process stays efficient and fees stay proportionate. Nothing in these Terms waives any right or remedy that cannot be waived under the mandatory consumer-protection law of the state where you live, which applies to the extent it is non-waivable.

You may opt out of arbitration by emailing hello@thegest.app within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts located in Miami-Dade County, Florida.

Either party may bring claims in small claims court if the claims qualify. Nothing in this section prevents either party from seeking injunctive relief in court for matters related to intellectual property or data security.

13. Apple App Store terms

If you download Gest from the Apple App Store, these Terms are between you and Gest, not Apple. Apple is not responsible for the Service, maintenance, support, warranties, claims, or intellectual-property matters related to the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as they relate to your use of the iOS app.

14. General

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gest regarding the Service. We may update these Terms from time to time. We will notify you of material changes at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If we make a material change to Section 12 (Dispute resolution), you may reject that change by emailing us within 30 days of the notice; if you do, the version of Section 12 in effect before the change continues to apply to you.

Neither party is liable for delays or failures caused by events beyond reasonable control. We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms. Any purported assignment in violation of this section is void.

15. Contact

Questions about these terms? Email hello@thegest.app.

Gest LLC, a Wyoming limited liability company
30 N Gould St, Ste R, Sheridan, WY 82801, United States