Kestrel

KESTREL TERMS OF SERVICE

Date of Last Revision: February 9, 2025

Acceptance of These Terms of Service

Reviso, Inc. DBA Kestrel (“Kestrel,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://kestrel.app (the “Site”) and through our related technologies (such services and technology, and the Site, including all features and functionality thereof and updates thereto, collectively, the “Service”).

All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority and/or accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER:

  1. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KESTREL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING
  2. YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS
  3. YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW

Your Privacy

At Kestrel, we respect the privacy of our users. For more information please see our Privacy Policy. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Access and Use of the Service

Service Description

The Service is designed to automate help center documentation maintenance through AI-powered analysis, content updates, and optimization for both human users and AI systems.

Your Registration Obligations

You may be required to register with Kestrel or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy.

If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Kestrel to confirm such express consent.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to:

  • immediately notify Kestrel of any unauthorized use of your password or account or any other breach of security
  • ensure that you exit from your account at the end of each session when accessing the Service

Kestrel will not be liable for any loss or damage arising from your failure to comply with this section.

Modifications to Service

Kestrel reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kestrel will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Kestrel may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Kestrel's or its third-party service providers' servers on your behalf. You agree that Kestrel has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.

You acknowledge that Kestrel reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Kestrel reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct

You are solely responsible for all content, text, messages, information, data, software, code, sound, video, images, photographs, graphics and other materials (collectively, “content”) that you make available to Kestrel, including by uploading, posting, sharing, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”).

The following are examples of the kinds of content and/or uses that are illegal or prohibited by Kestrel. Kestrel reserves the right to investigate and take appropriate legal action against anyone who, in Kestrel's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.

You agree to not use the Service to:

  • email or otherwise upload any content that:
    • infringes any intellectual property or other proprietary rights of any party
    • you do not have a right to upload under any law or under contractual or fiduciary relationships
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
    • poses or creates a privacy or security risk to any person
    • constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales
    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
  • interfere with or disrupt the Service or servers or networks connected to the Service
  • violate any applicable local, state, national, or international law
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • solicit personal information from anyone under the age of 18
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means

Competitors

No employee, independent contractor, agent, or affiliate of any competitor of Kestrel is permitted to view, access, or use any portion of the Service without express written permission from Kestrel. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Kestrel, or acting on behalf of a competitor of Kestrel in using or accessing the Service.

Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Kestrel that such information is true and that you are authorized to use the payment instrument.

You will promptly update your account information with Kestrel or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Kestrel the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.

Payment Processing

Notwithstanding any amounts owed to Kestrel hereunder, KESTREL DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we may use Stripe, Inc. and its affiliates (“Stripe”) or other third-party payment processors (collectively, “Payment Processors”).

These payment processing services are provided by the Payment Processors and are subject to, in the case of Stripe, the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”) or other applicable Payment Processor's terms and conditions, privacy policy, and all other relevant agreements.

By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service.

Refunds and Cancellations

Payments made by you hereunder are final and non-refundable, unless otherwise determined by Kestrel. You may cancel your subscription online by emailing us at: help@kestrel.app

Mobile Services and Software

Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features through Mobile Apps (collectively, the “Mobile Services”).

To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Ownership; Restrictions

The technology and software underlying the Service or distributed in connection therewith are the property of Kestrel, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Kestrel.

Special Notice for International Use; Export Controls

Kestrel is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Kestrel, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service.

Trademarks

The Kestrel name and logos are trademarks and service marks of Kestrel (collectively the “Kestrel Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kestrel. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kestrel Trademarks displayed on the Service, without our prior written permission in each instance.

Third-Party Material

Under no circumstances will Kestrel be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Kestrel does not pre-screen content, but that Kestrel and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

User Content

You represent and warrant that you own all right, title and interest in and to such User Content provided by you, including all copyrights and rights of publicity contained therein. You hereby grant Kestrel and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use User Content, in any form, medium or technology now known or later developed.

Generated Output

Certain features of the Service permit you to provide User Content (including prompts or other input (collectively, “Input”)) in order to receive output generated by an artificial intelligence platform or tool and returned by the Service based on such Input (“Output”). You agree not to state or suggest that Output was human-generated when it is not.

The Service is not intended to be used, and you agree not to use, or permit any third party to use, the Service to generate any Output, for:

  • any illegal activity
  • child sexual abuse material or any content that exploits or harms children
  • generation of hateful, harassing, or violent content
  • generation of viruses or malware
  • any activity that has high risk of physical harm
  • any activity that has high risk of economic harm
  • fraudulent or deceptive activity
  • adult content, adult industries or dating apps
  • political campaigning or lobbying
  • activity that violates people's privacy
  • unauthorized practice of law or offering tailored legal advice without a qualified person's review
  • offering tailored financial advice
  • diagnosing health conditions or providing treatment instructions
  • high risk decision-making

Copyright Complaints

Kestrel respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Kestrel of your infringement claim in accordance with the procedure set forth below.

Kestrel will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Kestrel's Copyright Agent at help@kestrel.app (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed
  • identification of the copyrighted work or other intellectual property that you claim has been infringed
  • identification of the content that is claimed to be infringing with enough detail that we may find it on the Service
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on their behalf

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Kestrel has adopted a policy of terminating, in appropriate circumstances and at Kestrel's sole discretion, the accounts of users who are deemed to be repeat infringers. Kestrel may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party.

Kestrel has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.

Any dealings you have with third parties while using the Service are between you and the third party. Kestrel will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Kestrel, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Kestrel Parties”) from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to:

  • your use of the Service
  • any User Content
  • your connection to the Service
  • your violation of these Terms of Service
  • your violation of any rights of another

Kestrel will provide notice to you of any such claim, suit, or proceeding. Kestrel reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Kestrel's defense of such matter. You may not settle or compromise any claim against the Kestrel Parties without Kestrel's written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE KESTREL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE KESTREL PARTIES MAKE NO WARRANTY THAT:

  • THE SERVICE WILL MEET YOUR REQUIREMENTS
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE KESTREL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE KESTREL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICE
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
  • ANY OTHER MATTER RELATING TO THE SERVICE

IN NO EVENT WILL THE KESTREL PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KESTREL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Kestrel, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND KESTREL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KESTREL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

Pre-Arbitration Dispute Resolution

Kestrel is always interested in resolving disputes amicably and efficiently. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Kestrel should be sent to help@kestrel.app (“Notice Address”).

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.

Termination

You agree that Kestrel, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Kestrel believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

General

These Terms of Service constitute the entire agreement between you and Kestrel governing your access and use of the Service, and supersede any prior agreements between you and Kestrel with respect to the Service. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at help@kestrel.app to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.