Please carefully review these Terms of Service ("Terms") before using services provided by Kestral, Co. ("Kestral," "we," "us," or "our"). By accessing or using our software platform, integrations, applications, analytics tools, APIs, or related services ("Services"), you ("Customer," "you," or "your") agree to these Terms. If you do not agree, please discontinue using our Services immediately.
By accessing our Services, you confirm acceptance of these Terms. Kestral may update these Terms periodically and will notify you of significant changes through email or the Kestral platform. Continued use after notice constitutes acceptance.
You may authorize Kestral to access and collect data ("Authorized Data") from third-party integrations ("Authorized Integrations") to deliver and improve our Services. You represent and warrant that you have sufficient rights and consent to authorize Kestral to access and use this data as outlined in these Terms.
By authorizing integrations, you grant Kestral a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to access, collect, store, analyze, and use Authorized Data to:
Kestral does not use Authorized Data to train AI models, and the AI model providers Kestral uses are contractually prohibited from training their models on it.
Kestral retains full rights to any insights, analyses, aggregated, or anonymized data derived from Authorized Data, provided individual customer confidentiality is maintained. Nothing in these Terms will limit Kestral's right to independently develop or commercialize improvements to the Services using aggregated or anonymized data, in compliance with applicable law.
Kestral retains exclusive ownership of all intellectual property rights in and to:
These Terms do not transfer any Kestral intellectual property rights to you or third parties.
Kestral commits to using commercially reasonable and industry-standard practices to protect Authorized Data. Your Authorized Data will be handled according to our Privacy Policy, incorporated herein by reference.
You agree to use the Services responsibly and lawfully, ensuring your Authorized Integrations comply with all applicable laws and regulations. You warrant your authority to provide Kestral with access to Authorized Data.
To the fullest extent permitted by applicable law, Kestral is not liable for indirect, incidental, consequential, or special damages arising from the use or inability to use the Services. Kestral's total liability under these Terms shall not exceed amounts paid by you to Kestral in the twelve (12) months prior to the event causing the liability.
You agree to indemnify, defend, and hold harmless Kestral, its affiliates, officers, directors, employees, and representatives from any claims or liabilities arising from:
Either party may terminate your use of the Services at any time. Upon termination, your access to the Services ceases immediately, although Kestral may retain anonymized or aggregated data derived from your Authorized Data.
These Terms shall be governed by and construed according to the laws of the jurisdiction where Kestral, Co. is incorporated, without regard to conflicts-of-law provisions.
These Terms constitute the entire agreement between Kestral and you regarding the use of the Services, superseding all prior agreements or understandings. Changes to these Terms must be in writing or communicated via the Kestral platform.
For questions regarding these Terms, please contact:
Kestral, Co.
Email: support@kestral.team
Website: https://kestral.ai
Your continued use of our Services indicates your explicit acknowledgment and acceptance of these Terms.