Terms of Service

These Terms of Service ("Terms") are a legal agreement between you or the organization you represent ("you", "Customer") and DonQuijotech LLC, a Florida limited liability company ("Contestalia", "we", "us"), governing your use of the Contestalia platform and services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Where you sign a separate services or license agreement with us, that signed agreement governs and prevails over these Terms to the extent of any conflict.

1. The Service

Contestalia is an AI "front desk" that, on your behalf, answers, qualifies, and books leads across a web form, chat widget, SMS, and WhatsApp, using the knowledge and identity you configure. Features may change over time.

2. Accounts and eligibility

You must be at least 18 and able to form a binding contract. You are responsible for your account, for the accuracy of the information you provide, for keeping your credentials secure, and for the actions of the users you invite to your organization.

3. Your responsibilities

You are responsible for:

• Having a lawful basis and any required consent to contact the leads your assistant messages, and for complying with all applicable telemarketing and messaging laws (e.g. TCPA) and the policies of Twilio, Meta/WhatsApp, and other channel providers — including honoring opt-outs (STOP).
• The content you configure (knowledge, identity, prices, rules) and its accuracy and legality.
• Not entering, or allowing to be entered, health information (PHI) or other sensitive data through the Service. The Service is for commercial lead management only and is not a HIPAA "business associate".
• Not using the Service for unlawful, harmful, deceptive, or abusive purposes, for unsolicited spam, or to provide regulated professional advice you are not authorized to give.

4. Acceptable use

You will not: break the law; infringe others' rights; upload malware; attempt to gain unauthorized access; interfere with or overload the Service; reverse engineer it except as permitted by law; or resell the Service without our written permission.

5. AI outputs

The assistant uses AI and can make mistakes or produce inaccurate content. It is not a substitute for professional (including medical, legal, or financial) advice. You are responsible for reviewing and configuring the assistant's behavior and for any decisions made based on its outputs.

6. Fees and billing

Paid plans are billed through our payment provider (Stripe) on a recurring basis until cancelled. Fees are exclusive of taxes unless stated. Except where required by law, fees are non-refundable. You can cancel as described in the Service or your signed agreement; cancellation takes effect at the end of the current billing period. We may change pricing with notice.

7. Third-party services

The Service relies on third-party providers (including Twilio, Meta/WhatsApp, Google, and your CRM). Their use is subject to their own terms, and any costs they generate (e.g. SMS/WhatsApp messaging) may be passed through to you. We are not liable for interruptions or changes attributable to those third parties.

8. Intellectual property

We and our licensors own all rights in the Service. You own the content and data you provide ("Customer Content"), and you grant us a license to host, process, and use it as needed to provide and improve the Service. You may not use our name or logos without permission.

9. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI outputs will be accurate.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data. Our total aggregate liability arising out of or relating to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

11. Indemnification

You will defend and indemnify us against claims arising from your Customer Content, your use of the Service, your breach of these Terms or of applicable law (including messaging/consent laws), or the entry of PHI or health data in breach of Section 3.

12. Term and termination

These Terms apply while you use the Service. Either party may terminate as described in the Service or your signed agreement, or for material breach. On termination, your right to use the Service ends; we will make your data available for export for a reasonable period and then delete it, unless retention is required by law.

13. Changes to these Terms

We may update these Terms. We will post the updated version and, for material changes, provide notice. Continued use after changes take effect means you accept them.

14. Governing law and disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules. The parties submit to the state and federal courts located in Miami-Dade County, Florida, waiving any other venue.

15. Contact

DonQuijotech LLC · 910 West Ave, Apt 904, Miami Beach, FL 33139, USA · support@contestalia.com