Terms of Use
These Terms of Use (the “Terms”) govern the contracting and the use of the services of Kestra Agency, including the website kestraagency.com, the Kestra platform at app.kestraagency.com, the ad accounts made available to the Client, top-ups and the top-up fee, balances and refunds. By subscribing to a plan, requesting a top-up or using the platform, the Client declares that it has read and accepted these Terms and the Privacy Policy.
- Legal entity
- LOJA VIRTUAL LLC
- Type of entity
- Single-member limited liability company organized in the United States
- Trade names
- Kestra and Kestra Agency
- Business address
- 7345 W Sand Lake Road, Suite 210, Office 3332, Orlando, FL 32819, United States
- contato@alojavirtual.fun
- Support (WhatsApp)
- +1 (954) 812-8173
- Website
- https://kestraagency.com
- Platform
- https://app.kestraagency.com
- Card statement descriptor
- KESTRA
1. Who we are
Kestra Agency (“Kestra”, “we”, “us” or “our”) is a trade name of LOJA VIRTUAL LLC, a single-member limited liability company organized in the United States. LOJA VIRTUAL LLC is the legal entity that provides the services and that is the contracting party under these Terms. Kestra is the brand under which the Client relates to us: on the website, on the platform, in our communications and on card statements, where charges appear under the descriptor KESTRA.
Kestra's identification and contact details are listed in the box at the beginning of these Terms and in Section 22.
2. Acceptance, eligibility and business use
By subscribing to a plan, requesting a top-up or using the platform, the Client accepts these Terms in full. If the Client does not agree with any provision of these Terms, it must not contract or use the services.
- Age and capacity. To contract the services, the person must be 18 years of age or older and have full legal capacity to enter into contracts.
- Authority. Whoever accepts these Terms on behalf of a company or other legal entity represents that they have the powers to bind it. In that case, “Client” means that company or entity.
- Business use. The services are intended exclusively for professional and business use, by advertisers, agencies and companies that advertise as part of their economic activity. They are not intended for personal, family or household use, and the Client declares that it contracts them in the course of its business.
- Accurate information. The Client must provide true, complete and current information when contracting and throughout the relationship, and must keep it up to date.
3. Definitions
In these Terms, the following expressions have the meanings below:
- “Client”: the individual or legal entity that contracts a plan, as provided in Section 2.
- “Services”: access to the ad accounts and to the platform, top-ups, the allocation and removal of balance, refunds and the related support, as described in these Terms.
- “Website”: https://kestraagency.com, including its pricing section.
- “Platform”: the Kestra web platform available at https://app.kestraagency.com.
- “Meta”: Meta Platforms, Inc. and the companies of its group that operate Facebook and Instagram.
- “Ad account”: an advertising account on Meta (Facebook and Instagram), maintained within Kestra's agency infrastructure and shared with the Client's Business Manager for the Client's use.
- “Business Manager”: the Client's business portfolio on Meta, with which the ad accounts are shared.
- “Plan”: the Starter, Pro or Enterprise subscription contracted by the Client.
- “Organization”: the Client's space on the platform, which groups its users, requests, balances and agent API keys.
- “Top-up”: a deposit made by the Client, through the means accepted in Section 6, to add balance to its wallet.
- “Top-up fee”: the percentage fee charged on each top-up, as provided in Section 7.
- “Wallet”: the record, on the platform, of the Client's net balance with Kestra (the amount deposited minus the top-up fee), which the Client may allocate to ad accounts or withdraw by refund.
- “Allocation”: the transfer of balance from the wallet to an ad account.
- “Removal”: the return of unspent balance from an ad account to the wallet.
- “Available balance”: the wallet balance that can be refunded, as defined in Section 7.3.
- “Agent API key”: a credential that the Client may issue on the platform to allow software agents or integrations to operate on behalf of its organization.
- “Business day”: any day from Monday to Friday, except bank holidays in the United States.
4. The service
4.1 What Kestra provides
Kestra provides the Client with:
- access to verified agency ad accounts on Meta (Facebook and Instagram), maintained within Kestra's agency infrastructure and shared with the Client's Business Manager so that the Client can run its ads; and
- access to the platform, where the Client requests ad accounts, top-ups, the allocation of balance to ad accounts, the removal of balance from ad accounts back to the wallet and the withdrawal (refund) of the wallet balance.
4.2 Ownership of the ad accounts
The ad accounts remain under the structure and the ownership of the agency. Kestra shares them with the Client's Business Manager, but there is no transfer of ownership of any ad account to the Client. The Client's creatives, offers, pixel, audiences and pages remain the Client's.
4.3 Timeframes
Delivery of ad accounts. Ad accounts are shared with the Client's Business Manager within a maximum of five (5) business days, counted from the submission of the request on the platform with the required information (such as the website to be advertised and the Business Manager ID). On average, delivery usually takes two (2) business days. The average is informative and is not a commitment for any specific request.
Other timeframes. The timeframes for the crediting of the top-up balance, including the time that a wire transfer or a blockchain transaction takes to arrive, are the estimated timeframes published on the website and on the platform. They are estimates, not guarantees, and they depend on Meta, on banks, on blockchain networks and on other third parties.
These timeframes do not include the refund period, which is governed exclusively by Section 7.
4.4 Relationship with Meta
Kestra is not affiliated with, sponsored by or endorsed by Meta Platforms, Inc. Meta, Facebook and Instagram are trademarks of Meta Platforms, Inc. The ad accounts are subject to Meta's terms, policies and decisions, which Kestra does not control.
5. Plans, subscription and billing
Kestra offers the Starter, Pro and Enterprise plans. The features, the price and the top-up fee of each plan are those shown in the pricing section of the website and on the platform at the time of contracting.
- Subscription. Plans are charged as a subscription, monthly or, when offered, quarterly, through Stripe's checkout. Charges appear on the card statement under the descriptor KESTRA.
- Access. Access to the platform is created after the payment is confirmed, and the Client sets its own password.
- Automatic renewal. The subscription renews automatically at the end of each cycle, with a new charge to the registered payment method, until it is cancelled. The Client may cancel it at any time through the means made available by Kestra, including the support channels listed in Section 22. Cancellation prevents future renewals.
- Changes to prices and fees. Kestra may change prices, plans and top-up fees. Changes apply from the moment they take effect onward and never alter the top-up fee of a top-up request already created. The top-up fee applicable to each top-up is the one in effect when the respective top-up request is created, and it is recorded in that request (Section 7.1).
- Refund of the subscription. Any refund of subscription amounts follows the applicable law and the conditions presented at checkout. The refund of the wallet balance is governed by Section 7 and is independent of the subscription.
- Disputes and chargebacks. Before disputing any charge with the card issuer or opening a chargeback, the Client agrees to contact Kestra's support to seek a solution. If a subscription payment is disputed, the access of the Client's organization to the platform is suspended (its users are suspended and active sessions are revoked) from the moment of the dispute. The same applies when a subscription charge is refunded. Once the dispute is closed, the restoration of access is at Kestra's discretion, and a dispute decided in the Client's favor ends the access.
- Taxes and accounting. Each party is responsible for its own taxes. The Client remains responsible for its accounting and tax obligations. Nothing on the website or on the platform replaces those obligations, and Kestra recommends that the Client review the treatment of its expenses with its accountant.
6. Top-ups
The Client requests top-ups on the platform. Each top-up is subject to the top-up fee described in Section 7, and the balance credited to the wallet is the net amount, after the deduction of that fee.
6.1 Accepted means
- USDT or USDC (stablecoins); or
- domestic wire transfer in the United States (Fedwire), in US dollars. International transfers through SWIFT are not accepted.
The minimum initial balance is US$ 500.00, for any plan.
6.2 Wire transfers
In a wire transfer, the Client must include in the memo field the reference code generated by the platform for that top-up request. The Client may also send proof of the transfer (a screenshot or the transaction ID). A transfer without the reference code may take longer to be identified.
6.3 Stablecoins
Blockchain transactions are irreversible. The Client is responsible for sending the correct asset, on the correct network, to the address displayed on the platform. Amounts sent to a wrong address, network or asset may be unrecoverable, and Kestra is not liable for them.
6.4 Delays of banks, networks and intermediaries
Delays caused by banks, blockchain networks and intermediaries are not Kestra's responsibility.
6.5 Wallet and allocation
The wallet holds the Client's net balance, from which the top-up fee has already been deducted. The wallet is a record of the Client's balance for use in the services: it is not a bank or deposit account and does not bear interest. The Client allocates balance from the wallet to its ad accounts on the platform. Balance allocated to an ad account only returns to the wallet through a removal request, as provided in Section 7.3. Balance already spent on running ads is not refundable.
7. Top-up fee and refund of top-up balance
This Section governs the top-up fee and the refund of the top-up balance, and prevails over any other provision of these Terms on the same subject.
7.1 Top-up fee
Each top-up is subject to a top-up fee, a percentage of the amount deposited, according to the Client's plan (or a rate individually agreed in writing) in effect when the respective top-up request is created, and recorded in that request. The top-up fee is charged at the time of the deposit and deducted from the deposited amount: the balance credited to the Client is the amount deposited minus the top-up fee (for example, a deposit of US$ 1,000.00 with a 7% top-up fee generates a fee of US$ 70.00 and a credited balance of US$ 930.00).
The top-up fee is a fee on the top-up (the deposit) itself. It is not a spend fee, and it is not linked to ad spend, to the delivery of ads or to any use of the balance. It is fully earned by Kestra at the moment of the deposit, because it remunerates the top-up service provided at that moment.
7.2 Refund of top-up balance
The Client may request a refund of the available balance of its Kestra wallet. The refund is released within up to seven (7) business days from receipt of the complete request. The top-up percentage fee paid at the time of the deposit is deducted from the refunded amount: the refund corresponds, at most, to the amount deposited minus the top-up fee charged on that deposit (in the example above, up to US$ 930.00).
The top-up fee paid at the time of the deposit is not returned in the event of a refund, nor in any other event, including cancellation, termination, restriction of an ad account or non-use of the balance.
7.3 Available balance
The available balance is the wallet balance that has not been spent, is not allocated to an ad account and is not reserved by a request in progress.
- Balance allocated to an ad account must first be removed back to the wallet, through a removal request. Removal is limited to the amount not yet spent in that ad account and is subject to Meta's rules and to the rules of the agency infrastructure.
- Balance already spent on running ads is not refundable.
- Because the wallet already holds the net balance (the amount deposited minus the top-up fee), the available balance shown in the wallet already reflects the deduction described in Section 7.2. That deduction is not made a second time.
7.4 How to request a refund
The Client requests the refund on the platform or through support (Section 22), stating the destination of the payment: a stablecoin wallet or a bank account.
- The Client is responsible for the accuracy of the destination it provides. A payment sent to the destination provided by the Client is final.
- Kestra may request confirmation that the destination belongs to the Client.
7.5 Refund period
A request is complete when it contains the destination details needed for the payment and, when requested by Kestra, the confirmation of ownership of that destination. The period of seven (7) business days in Section 7.2 refers to the release of the payment by Kestra. The time that the bank or the network takes to deliver the payment after its release follows Section 6.4.
The refund period may be suspended only while there is, in relation to the amounts involved: (i) a legal requirement; (ii) an order of a competent authority; (iii) a dispute or chargeback; or (iv) a fraud investigation. The suspension is limited to the amounts affected and to the time during which the cause lasts. Once the cause ceases, the period resumes. No other reason suspends or extends the refund period.
8. Use of the ad accounts and Client responsibilities
Kestra accepts all types of niches, as published on the website. Whatever the niche, the Client is solely responsible for:
- the content of its ads, offers, pages and products;
- their legality in every jurisdiction where it advertises or sells;
- obtaining and maintaining the licenses and authorizations required for its activity;
- complying with Meta's Advertising Standards and with Meta's terms and policies; and
- its campaign decisions, including budgets, targeting and the allocation of balance.
Ads run on the ad accounts continue to go through Meta's review. Kestra does not pre-approve creatives, and making an ad account available does not mean that Kestra has reviewed, approved or endorsed any ad, offer or product.
8.1 Prohibited uses
Even so, the Client may not use the services for:
- any activity that is unlawful under the applicable law;
- fraud or scams against consumers;
- phishing or malware;
- child sexual exploitation content;
- money laundering or terrorist financing;
- violation of sanctions;
- infringement of the intellectual property of third parties; or
- attempting to circumvent blocks on the Client's own accounts in a manner that violates the law.
8.2 Monitoring and suspension
Kestra may observe the ad accounts and the ads run on them, including by reading this data through Meta's API, and may suspend the Client's access upon indication of a prohibited use, as provided in Section 12.
9. Account restriction, appeal and replacement account
If an ad account is restricted or disabled by Meta, Kestra's support files the appeal. If it is not possible to recover the ad account, a new ad account is provisioned for the Client and the remaining (unspent) balance is migrated to it.
Kestra does not guarantee the outcome of the appeal, which depends on Meta, and is not liable for amounts already spent before the restriction. The top-up fee of the top-ups that funded the restricted ad account is not returned (Section 7.2).
10. Platform access and security
- Access credentials are personal and confidential, and must not be shared.
- The Client is responsible for the users of its organization and for all actions they perform on the platform.
- The Client is responsible for the agent API keys it issues and for all actions performed with them. The Client must keep its credentials and keys secure and notify Kestra promptly of any suspected unauthorized access.
- The Client may not reverse engineer the platform, scrape it, circumvent or attempt to circumvent its access controls, or resell or share access to the platform outside the contracting organization.
11. Compliance and fraud prevention
To comply with legal obligations and to prevent fraud, Kestra may request information and documents to verify the Client's identity, the ownership of the destination of a refund and the origin of the funds used in top-ups. Kestra may refuse or suspend any operation it considers suspicious. In the case of a refund, the suspension observes the limits of Section 7.5.
The Client declares that the funds it uses in top-ups have a lawful origin.
12. Suspension and termination
12.1 By the Client
The Client may end the relationship by cancelling its subscription, as provided in Section 5.
12.2 By Kestra
Kestra may suspend, in whole or in part, the Client's access to the platform and to the ad accounts upon indication of a prohibited use (Section 8.1), breach of these Terms, a suspicious operation (Section 11) or a dispute of a subscription payment (Section 5). Kestra may terminate these Terms in the event of a breach by the Client.
12.3 Effects
Upon termination, Kestra may end the sharing of the ad accounts with the Client's Business Manager and the Client's access to the platform. The available balance, including the unspent balance that can be removed from the ad accounts, follows Section 7, and the Client may request its refund through support (Section 22). Suspension or termination does not make the top-up fee refundable (Section 7.2).
13. Intellectual property
The platform, the website, the software, the content and the Kestra and Kestra Agency brands belong to Kestra or to its licensors. While the subscription is active, Kestra grants the Client a limited, non-exclusive, non-transferable and revocable right to use the platform for the purposes of these Terms. No other right is granted.
The Client keeps all rights over its creatives, offers, pages, pixel, audiences and brands, and authorizes Kestra to access and process them only to the extent necessary to provide the services, including by reading the data of the ad accounts through Meta's API.
14. Confidentiality
Each party must keep confidential the non-public information of the other party that it receives because of these Terms, and use it only for the purposes of this relationship. For the Client, confidential information includes non-public information about Kestra's infrastructure, its partners and suppliers, and any conditions individually agreed with Kestra.
This obligation does not apply to information that is or becomes public without breach by the receiving party, that the receiving party already lawfully knew, or whose disclosure is required by law or by order of a competent authority. This obligation survives the end of the relationship.
15. Disclaimers
To the maximum extent permitted by law, the services are provided “as is” and “as available”. Kestra does not guarantee:
- results of any kind, including sales, return on ad spend or campaign performance;
- the approval of ads by Meta;
- the delivery of ads or the reach of campaigns;
- the uninterrupted or error-free availability of the platform or of the ad accounts; or
- compliance with the average delivery time of ad accounts or with the estimated timeframes for crediting the top-up balance, described in Section 4.3.
The services depend on Meta and on third parties, such as banks, blockchain networks, payment processors and technology providers, whose decisions, policies, failures and changes are beyond Kestra's control. This Section does not affect the refund of the available balance under Section 7.
16. Limitation of liability
To the maximum extent permitted by law:
- Kestra is not liable for indirect, incidental, special, consequential or punitive damages, lost profits, loss of revenue, loss of data or loss of opportunity, including those arising from the restriction of ad accounts, the rejection of ads, decisions of Meta or delays of third parties; and
- Kestra's total liability for all claims related to these Terms and to the services is limited to the total amount of subscription fees and top-up fees effectively paid by the Client to Kestra in the three (3) months preceding the event that gave rise to the claim.
This limitation does not affect the Client's right to the refund of the available balance under Section 7, which is not subject to the limit above. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the applicable law.
17. Indemnification by the Client
The Client shall indemnify, defend and hold harmless Kestra, LOJA VIRTUAL LLC and its owners, managers, employees, partners and suppliers from any claims, losses, damages, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising from:
- the content of the Client's ads, offers, pages and products;
- the violation of the law or of Meta's terms and policies by the Client;
- any prohibited use under Section 8.1 or any other breach of these Terms;
- the infringement of third-party rights; or
- the acts of the users of its organization and the actions performed with the agent API keys it issued.
18. Privacy
Kestra processes personal data as described in its Privacy Policy, which complements these Terms. The Client is responsible for the personal data it collects and processes through its ads, pages and pixel, and for complying with the privacy laws that apply to that processing.
19. Changes to these Terms
Kestra may change these Terms. The new version will be published on the website, with its update date and version. Continued use of the services after the publication means acceptance of the new version. If the Client does not agree, it may cancel its subscription and request the refund of its available balance under Section 7.
Changes to these Terms do not alter the top-up fee of a top-up already made.
20. Governing law and jurisdiction
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws rules.
Any dispute related to these Terms or to the services shall be submitted to the state or federal courts located in Orange County, Florida, which shall have exclusive jurisdiction.
Claims may be brought only on an individual basis, and not as a plaintiff or class member in any class, collective or representative action.
Nothing in this Section deprives the Client of rights that cannot be waived under the law applicable to it.
21. General provisions
- Entire agreement. These Terms, the Privacy Policy, the conditions presented at checkout and on the platform at the time of contracting, and any condition individually agreed in writing form the entire agreement between the parties on their subject. A condition individually agreed in writing prevails over these Terms only as to what it expressly regulates.
- Severability. If any provision of these Terms is held invalid or unenforceable, the other provisions remain in full force, and the affected provision will be applied to the maximum extent permitted.
- No waiver. Tolerance of any breach, or delay in exercising any right, does not constitute a waiver of that right or an amendment of these Terms.
- Assignment. The Client may not assign its rights or obligations under these Terms without Kestra's prior written consent. Kestra may assign them to an affiliate or to a successor in the event of a reorganization, merger or sale of its business.
- Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, such as natural disasters, general failures of internet, banking or blockchain networks, acts of government, and outages of Meta. Force majeure does not suspend or extinguish the obligation to refund the available balance, which follows exclusively Section 7.
- Communications. Communications between the parties may be made by email, by WhatsApp or through the platform, using the contact details in Section 22 and those registered by the Client. The Client must keep its contact details up to date.
- Survival. Sections 7 (as to the refund of the available balance), 13, 14, 15, 16, 17, 20 and 21, and any other provision that by its nature should survive, remain in force after the end of the relationship.
- Language. These Terms are available in English and in Brazilian Portuguese. In case of divergence between the versions, the English version prevails.
22. Contact
For questions about these Terms, support, top-ups or refunds:
- Email: contato@alojavirtual.fun
- WhatsApp: +1 (954) 812-8173
- Platform: https://app.kestraagency.com
- Address: LOJA VIRTUAL LLC (Kestra Agency), 7345 W Sand Lake Road, Suite 210, Office 3332, Orlando, FL 32819, United States