1. Who we are and scope
CalGest is operated by Bruno André Oliveira Adão, Empresário em Nome Individual, NIF PT229535062, with registered address at Rua Catadouro 675, 1.º Esq., Rio Alcaide, 2480-170 Porto de Mós, Portugal ("CalGest", "we", "us"). These Terms and Conditions govern access to and use of the CalGest website, dashboard, and mobile app (the "Service").
By creating an account, subscribing, or otherwise using the Service, you agree to these terms. If you use CalGest on behalf of an organization, you confirm you have authority to bind that organization and "you" in these terms refers to that organization.
2. Service description
CalGest is an operations platform for appointment-based businesses. Features include:
- Appointment scheduling and status management.
- Customer and employee records.
- Custom fields and tracking records.
- Role and permission management for team access.
- Attachments linked to appointments.
- Email and SMS notifications and reminders based on enabled configuration.
- An in-product AI assistant powered by a third-party language model provider.
We may improve, update, or adjust features over time, including to comply with legal, security, or technical requirements.
3. Accounts and security
- You are responsible for keeping account credentials confidential.
- You must provide accurate account and billing information.
- You must promptly report suspected unauthorized access.
- You are responsible for activity under your organization account, including actions by your team members.
- You must be at least 16 years old to create an account.
4. Subscriptions, billing, and refunds
Merchant of record. Subscription payments are sold through Stripe Managed Payments. Stripe (Stripe Payments Europe Ltd. for EU customers, Stripe, Inc. otherwise) is the merchant of record, meaning Stripe (not CalGest) is the legal seller for payment purposes, issues receipts and invoices, and is responsible for collecting and remitting applicable VAT, GST, and sales tax. Your card statement will show CALGEST or a similar Stripe-related descriptor.
By subscribing, you also agree to Stripe's end-user terms for payment-related matters.
Auto-renewal and cancellation. Subscriptions renew automatically for the same period (monthly or yearly) until cancelled. You can cancel at any time from the billing section of the CalGest dashboard. Cancellation takes effect at the end of the current paid period, during which the Service remains available.
Refunds. We do not provide prorated refunds for partial periods after a renewal. We will refund, at our discretion or where legally required, in cases such as duplicate charges, billing errors, or material failure of the Service on our side. Refunds are issued to the original payment method through Stripe.
Billing disputes. Because Stripe is the merchant of record, disputes about charges, tax, chargebacks, and payment-method issues are handled by Stripe under their terms and applicable consumer-protection law. Product-related issues (account access, feature problems) are handled by CalGest.
Failed payments. If payment fails or remains overdue, we may restrict or suspend paid features after reasonable notice.
5. Acceptable use
You agree not to:
- Use the service for unlawful, fraudulent, or abusive activities.
- Upload malicious code, attempt unauthorized access, or disrupt service availability.
- Infringe intellectual property or privacy rights of others.
- Use customer or employee data without a valid legal basis.
- Use the AI assistant to generate content that is illegal, infringes rights of others, or is intended to deceive.
We may suspend access where necessary to protect security, legal compliance, or other users.
6. Data protection responsibilities
- For account, billing, and platform administration data, CalGest acts as controller where applicable.
- For customer and employee data your organization enters into CalGest, your organization is the controller and CalGest acts as processor on your instructions. The data processing terms in section 14 govern that relationship.
- You are responsible for obtaining any notices, consents, and legal bases required to process your business data lawfully.
More detail about our data practices is available in our Privacy Policy.
7. Third-party providers
To operate CalGest, we rely on trusted service providers, including:
- Cloudflare (delivery, file storage and transactional email infrastructure).
- Clerk (authentication and identity).
- Convex (backend infrastructure and database operations).
- Stripe via Stripe Managed Payments (merchant of record for payments, tax compliance, and billing).
- GatewayAPI (SMS delivery for appointment reminders and notifications, EU-hosted in Denmark).
- Sentry (production crash and error reporting).
- Expo infrastructure for mobile push routing where push notifications are enabled.
8. Intellectual property
CalGest and its software, branding, and documentation remain the property of CalGest and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the service during an active subscription and in accordance with these terms.
You retain ownership of data you submit to the platform, subject to the rights needed for us to host, process, secure, and support the service.
9. Availability and support
We work to keep CalGest reliable and secure, but uninterrupted availability cannot be guaranteed. Planned maintenance, provider incidents, and force majeure events may impact availability.
We provide support through the channels available for your plan and will make reasonable efforts to address issues promptly.
10. Liability and disclaimers
To the extent permitted by law, CalGest is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, or data arising from use of the service.
Our aggregate liability for claims related to the service is limited to the amounts paid by you for CalGest in the 12 months before the event giving rise to the claim.
Consumer rights are preserved. Nothing in these terms excludes or limits liability or rights that cannot be excluded under applicable law, including mandatory consumer-protection rules. If you use CalGest as a consumer, the statutory rights available to you in your country of residence apply in full.
11. Suspension, termination, and data handling after termination
- You may stop using the service at any time by cancelling your subscription.
- We may suspend or terminate access for material breach, unlawful use, or security risk.
- After termination, you will have a window of at least 30 days to export your data from the dashboard. After that window, we delete or anonymize account and operational data within a reasonable period, subject to legal retention obligations (for example, billing records retained for 10 years under Portuguese tax law).
12. Changes to these terms
We may update these terms to reflect legal, technical, or product changes. If the changes are material, we will provide clear notice before they take effect. Continued use after the effective date constitutes acceptance.
13. Governing law, venue, and online dispute resolution
These terms are governed by Portuguese law. Disputes are submitted to the competent courts of Portugal.
If you are a consumer resident in the European Union, the law of your country of residence may give you additional protections that cannot be waived, and you may also bring proceedings in the courts of your country of residence.
Consumers in the EU may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr. Payment-related matters (billing, refunds, chargebacks) are governed by Stripe's terms and applicable consumer-protection laws in your jurisdiction.
14. Data Processing Agreement
This section constitutes the Data Processing Agreement ("DPA") between you (the "Controller") and CalGest (the "Processor") under Article 28 GDPR, to the extent CalGest processes personal data on your behalf (for example, customer and employee records you enter into CalGest). It applies automatically when you accept these terms.
- Subject-matter and duration: processing is carried out for the duration of your subscription and for the purpose of providing the Service described in section 2.
- Nature and purpose: hosting, storing, transmitting, and displaying the personal data you enter into CalGest, and operating related features (notifications, reminders, AI assistant) at your instruction.
- Categories of data and data subjects: contact and scheduling data of your customers, employees, and other individuals whose records you maintain in the Service.
- Instructions: CalGest processes personal data only on your documented instructions, including the configuration choices you make in the product, unless required otherwise by EU or Portuguese law, in which case we will inform you beforehand unless the law prohibits it.
- Confidentiality: personnel with access to personal data are bound by appropriate confidentiality obligations.
- Security: we implement the technical and organizational measures described in the Privacy Policy, appropriate to the risk.
- Sub-processors: you authorize the sub-processors listed in section 7 and the Privacy Policy. We will give reasonable prior notice of new sub-processors and give you an opportunity to object on reasonable data-protection grounds.
- International transfers: where sub-processors are outside the EEA, we rely on Standard Contractual Clauses or another lawful transfer mechanism.
- Data-subject requests: we will assist you, taking into account the nature of the processing, in responding to requests from data subjects.
- Personal data breach: we will notify you without undue delay after becoming aware of a personal data breach affecting your data.
- Return or deletion: upon termination, we will make the personal data available for export during the period described in section 11 and then delete it, unless law requires continued retention.
- Audit: we will make available information necessary to demonstrate compliance with Article 28 GDPR and allow for reasonable audits, including third-party certifications or summaries, no more than once per year except in the event of a material incident.
If you need a signed standalone DPA for your compliance records, contact legal@calgest.com.
15. Contact
Legal questions: legal@calgest.com
Privacy matters: privacy@calgest.com