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Terms of Service

Effective: April 20, 2026 · Last updated: May 3, 2026

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. By creating an account, you represent that you are at least 18 and that the information you provide is accurate and complete. 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 AI responses may contain errors, omissions, or outdated information.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.

3. Subscriptions and payments

Gest offers free and paid features. By subscribing to a paid plan, you agree to the pricing and billing terms presented at the time of purchase. Prices are in US dollars and may be adjusted with 30 days' notice to existing subscribers. You may cancel your subscription at any time through your device's subscription settings (Apple App Store or Google Play Store). Cancellation takes effect at the end of the current billing period. Refunds are subject to the policies of the Apple App Store or Google Play Store, as applicable.

Gestational carriers join free. Surrogates invited by a paying intended parent receive full access at no cost for the duration of the intended parent's active subscription.

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, anonymized 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. Do not upload content that infringes on the intellectual property or privacy 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

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.

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.

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, 6, 8, 9, 10, 12, and 13 survive termination.

12. Dispute resolution

These Terms are governed by the laws of the State of Wyoming, 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.

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 Wyoming.

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. 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.

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.

14. Contact

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

Gest LLC · United States