These Terms of Service ("Terms") govern your access to and use of the conversational intelligence platform and related services ("Services") provided by CIMIENTO, operating as Estela ("we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Services, you confirm that you are at least 18 years old and have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Description of Services

Estela provides a conversational intelligence platform that enables businesses to:

Record and transcribe sales conversations
Analyze conversations using artificial intelligence for performance scoring and insights
Generate coaching recommendations based on conversation analysis
Integrate with customer relationship management (CRM) systems
Access team dashboards, analytics, and reporting

3. Account Registration

To use our Services, you must:

Provide accurate, current, and complete registration information
Maintain the security and confidentiality of your account credentials
Promptly notify us of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features, usage limits, and pricing as described on our website. Free tiers and trials may be offered at our discretion and may have limited functionality.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis as selected during signup. All fees are stated in US dollars and are non-refundable except as expressly stated in these Terms or required by applicable law.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

4.4 Price Changes

We may modify our pricing with 30 days' advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.

5. Acceptable Use

You agree not to:

Use the Services for any unlawful purpose or in violation of any applicable laws
Record conversations without obtaining proper consent from all parties as required by applicable law
Upload content that infringes on intellectual property rights of others
Attempt to gain unauthorized access to our systems, other users' accounts, or data
Interfere with or disrupt the integrity, security, or performance of the Services
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
Use the Services to develop a competing product or service
Resell, sublicense, or redistribute the Services without our written authorization
Use automated means to access the Services except through our official API
Upload malicious code, viruses, or harmful content

6. Recording Consent — Your Responsibility

Important: You are solely responsible for ensuring compliance with all applicable laws regarding the recording of conversations. Recording laws vary by jurisdiction — some require consent from all parties (two-party consent), while others require consent from only one party (one-party consent). Before using our recording features, you must:

Understand the recording consent laws applicable to your jurisdiction and the jurisdiction of the other parties
Obtain all necessary consents before recording any conversation
Implement appropriate disclosure practices (verbal announcements, meeting descriptions, etc.)

Estela is not responsible for your failure to comply with recording consent laws. You agree to indemnify us against any claims arising from your recording practices.

7. Your Content

7.1 Ownership

You retain all ownership rights to the content you upload to the Services, including recordings, transcripts, and related data ("Your Content"). These Terms do not transfer any ownership of Your Content to us.

7.2 License Grant

You grant Estela a limited, non-exclusive, worldwide license to use, process, store, and analyze Your Content solely to provide and improve the Services. This license terminates when you delete Your Content or close your account, except as required for backup or legal compliance.

7.3 Responsibility for Content

You are responsible for Your Content and represent that you have all necessary rights and permissions to upload and process it through our Services. You agree not to upload content that is unlawful, harmful, or violates the rights of others.

8. Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, and documentation, are owned by CIMIENTO and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand features except as necessary to use the Services.

9. Confidentiality

We treat Your Content as confidential and will not disclose it to third parties except as described in our Privacy Policy, as required by law, or with your consent. We implement industry-standard security measures to protect your data.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Services. We may suspend or modify the Services for maintenance, updates, or other operational reasons. We will provide reasonable notice when possible for scheduled maintenance.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial billing periods.

11.2 Termination by Us

We may suspend or terminate your access if you violate these Terms, fail to pay fees, or if required by law. For curable violations, we will provide notice and a reasonable opportunity to cure (typically 15 days) before termination.

11.3 Effect of Termination

Upon termination, your right to use the Services ends immediately. You may export Your Content before termination. We will delete Your Content within 90 days following termination, unless retention is required by law.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AI-GENERATED INSIGHTS ARE PROVIDED FOR INFORMATIONAL PURPOSES AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR BUSINESS DECISIONS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIMIENTO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless CIMIENTO and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of applicable laws, including recording consent laws.

15. Dispute Resolution

We prefer to resolve disputes amicably. If a dispute arises:

Informal Resolution: Contact us first at legal@heyestela.io. We will attempt to resolve the dispute informally within 30 days.
Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration administered by the International Chamber of Commerce (ICC) under its arbitration rules. The arbitration shall be conducted in English, with the seat of arbitration in Mexico City, Mexico.
Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions or collective arbitration.

16. Governing Law

These Terms are governed by the laws of Mexico, without regard to conflict of law principles. For matters not subject to arbitration, the courts of Mexico City shall have exclusive jurisdiction.

17. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Services at least 30 days before they take effect. Your continued use of the Services after the changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account before they take effect.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and CIMIENTO regarding the Services.
Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations freely.
Force Majeure: Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control.
Notices: We will send notices to the email address associated with your account. You may send notices to legal@heyestela.io.

19. Contact Us

If you have questions about these Terms, please contact us:

CIMIENTO (operating as Estela)

Email: legal@heyestela.io