Effective Date: December 30, 2024
Last Updated: December 30, 2024
These Terms and Conditions (“Terms”) constitute a binding agreement between you and Daniel Perrera, doing business as Gesso (“we,” “us,” or “our”), a sole proprietorship based in the Commonwealth of Massachusetts. These Terms apply whenever you access or use any of our sites, apps, products, or services (collectively, the “Services”), whether existing now or created in the future. By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms. If you do not agree to these Terms, you must not use the Services.
Our collection, use, and storage of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. You are encouraged to review the Privacy Policy to understand how we handle your data.
The Services are not intended for individuals under the age of 13. By registering for or using the Services, you represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18, your use of the Services must be supervised by a parent or legal guardian who agrees to these Terms on your behalf.
You retain ownership of any content, files, or materials that you upload, create, or share through the Services (“Your Content”). By using the Services, you grant us a worldwide, royalty-free, non-exclusive license to store, display, reproduce, and distribute Your Content as necessary to operate and improve the Services. This license extends to trusted third-party providers we work with to deliver the Services. You are solely responsible for ensuring that Your Content complies with applicable laws and these Terms.
You are fully responsible for Your Content and may not upload, share, or distribute content that violates any laws or regulations, infringes on the intellectual property rights of others, or is otherwise harmful, abusive, or objectionable. We do not actively monitor or review user-generated content but reserve the right to remove content that violates these Terms or applicable laws.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or security breaches. We are not liable for any damages arising from your failure to secure your account.
We reserve the right to update these Terms from time to time to reflect changes to our Services or applicable laws. Material changes will be communicated to you via email or in-app notifications at least 30 days before they take effect. Your continued use of the Services constitutes acceptance of the updated Terms.
All content and materials provided through the Services, including but not limited to text, graphics, logos, and software (“Gesso Materials”), are the exclusive property of Daniel Perrera or its licensors and are protected under applicable intellectual property laws. You are granted a limited, non-exclusive, revocable license to access and use the Gesso Materials solely for personal or organizational use of the Services. You may not copy, reproduce, distribute, or create derivative works from Gesso Materials without our prior written consent.
You may stop using the Services at any time. We reserve the right to suspend or terminate your account or access to the Services at our discretion and without notice if you violate these Terms or engage in conduct that causes harm to us, our users, or third parties.
The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the reliability, availability, or suitability of the Services for your needs.
To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Services. Our total liability for any claim relating to the Services shall not exceed the amount you paid us in the 12 months preceding the claim.
You agree to indemnify, defend, and hold harmless Gesso and its affiliates, officers, and employees from any claims, damages, liabilities, or expenses, including reasonable attorneys’ fees, arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights, including intellectual property or privacy rights.
Any disputes arising out of or related to these Terms or your use of the Services will be resolved exclusively through binding arbitration. Arbitration will be conducted under the rules of the American Arbitration Association and held in the Commonwealth of Massachusetts. Both parties waive the right to a trial by jury or to participate in class actions.
These Terms and your use of the Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles.