Terms of Service

1. Agreement to Terms

By accessing or using Kestral's services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

2. Description of Services

Kestral provides a product analytics and user experience platform that includes:

• Behavioral analytics and event tracking
• In-app guides and digital adoption tools
• Feedback collection and management
• Hypothesis testing and validation
• Visual designer and tagging tools

3. Account Registration

To use our services, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old or have parental consent
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4. Acceptable Use Policy

You agree not to:

• Use our services for any illegal purpose or in violation of any laws
• Violate the privacy rights of your users without proper consent
• Attempt to gain unauthorized access to our systems or other accounts
• Interfere with or disrupt the integrity of our services
• Reverse engineer, decompile, or disassemble our software
• Use our services to compete with us or build a similar product
• Transmit viruses, malware, or other harmful code
• Scrape or harvest data from our platform without permission

5. Your Data and Content

5.1 Your Responsibilities

You are responsible for:

• Obtaining proper consent from your users for data collection
• Complying with applicable privacy laws (GDPR, CCPA, etc.)
• Configuring PII exclusion rules appropriately
• Maintaining your own privacy policy and terms
• The accuracy and legality of data you collect

5.2 License to Us

You grant us a limited license to use, process, and display your data solely to provide and improve our services. We will not sell or share your customer data with third parties for marketing purposes.

6. Intellectual Property Rights

6.1 Our Property

Kestral owns all rights to our platform, software, documentation, branding, and content. Our service is licensed to you, not sold.

6.2 Your Property

You retain all rights to your data and content. We do not claim ownership of any data you collect through our platform.

7. Fees and Payment

• Fees are based on your selected plan and are billed monthly or annually
• Prices are subject to change with 30 days' notice
• You authorize us to charge your payment method automatically
• All fees are non-refundable except as required by law
• Failure to pay may result in service suspension or termination
• You're responsible for all taxes except those based on our income

8. Free Trials

We may offer free trials with full or limited functionality. We reserve the right to modify or cancel trial offers at any time. After your trial ends, you'll be charged unless you cancel before the trial period expires.

9. Termination

9.1 By You

You may cancel your account at any time through your account settings. Cancellation takes effect at the end of your current billing period.

9.2 By Us

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or engage in activities that harm our services or users. We'll provide reasonable notice except in cases of serious violations.

9.3 Effect of Termination

Upon termination, your right to use our services ends immediately. We will delete your data according to our data retention policies unless legally required to retain it.

10. Warranties and Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of data

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KESTRAL SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or data loss
• Third-party actions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Kestral from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

13. Changes to Terms

We may modify these Terms at any time. We'll notify you of material changes by email or through our platform. Continued use after changes constitutes acceptance. If you don't agree, you must stop using our services.

14. Governing Law and Disputes

These Terms are governed by the laws of [State/Country] without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration, except:

• Small claims court actions
• Injunctive or equitable relief
• Intellectual property disputes

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Kestral
• Severability: If any provision is unenforceable, the remaining provisions remain in effect
• No Waiver: Failure to enforce any right doesn't waive that right
• Assignment: You may not assign these Terms without our consent
• Force Majeure: We're not liable for delays caused by circumstances beyond our control

16. Contact Information

Questions about these Terms? Contact us: