Kestrel RMS Terms of Service
Version 1 ยท Effective 2026-04-22
Effective Date: 22 April 2026
Welcome to Kestrel RMS ("Kestrel", "we", "us", or "our"). These Terms of Service ("Terms") form a binding agreement between you and Kestrel and govern your access to and use of the Kestrel real estate management platform, including all related applications, APIs, and services (collectively, the "Service").
By creating an account, clicking "I accept", or otherwise accessing the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
1. Eligibility and Account Registration
You must be at least 18 years of age and legally able to enter into a binding contract in your jurisdiction to use the Service. When you register, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
If you register on behalf of a business, partnership, trust, or other legal entity, you represent that you have authority to bind that entity to these Terms, and references to "you" will include that entity.
2. License and Permitted Use
Subject to your ongoing compliance with these Terms, Kestrel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal property and financial management purposes.
You must not:
- copy, modify, reverse-engineer, decompile, or create derivative works of the Service, except to the extent this restriction is prohibited by applicable law;
- use the Service to build a competing product or to train a machine-learning model;
- resell, lease, sublicense, or otherwise commercially exploit the Service without our prior written consent;
- access the Service using automated means (scraping, scripted extraction) except through APIs we expose and in accordance with their documentation;
- upload or transmit content that is unlawful, infringes another party's rights, or contains malware; or
- attempt to probe, scan, or test the vulnerability of any Kestrel system or to defeat any security or authentication measure.
3. Your Data and Linked Accounts
The Service allows you to link external financial accounts through our payments-data partner and to upload documents, photos, and records relating to your properties, entities, leases, and loans ("Customer Data"). You retain all rights in Customer Data. You grant Kestrel a worldwide, non-exclusive, royalty-free licence to host, process, display, and transmit Customer Data solely to operate, secure, and improve the Service and to provide features you request.
You represent and warrant that you have all rights necessary to submit Customer Data to the Service and that your submission does not violate any law or third-party right.
4. Financial Data and Third-Party Services
The Service integrates with third-party providers, including banking and payments-data providers, mapping providers, and email and identity providers, to surface transactions, balances, and related information. Your use of those third-party services is governed by their own terms and privacy notices, and Kestrel is not responsible for the accuracy, availability, or behaviour of those providers.
Balance and transaction data shown in the Service is a cached, best-effort reflection of what the underlying provider reports and may be delayed or incomplete. You should treat figures in the Service as informational only and confirm them against authoritative source records before making financial decisions.
5. Fees and Billing
Where a paid plan applies, fees, billing cadence, and included usage are disclosed at the point of purchase and in your billing settings. Fees are stated exclusive of taxes, which you are responsible for. Unless otherwise stated, fees are non-refundable. We may change plan pricing on at least 30 days' notice; changes take effect at your next renewal.
You authorise Kestrel and its payment processor to charge your nominated payment method for all applicable fees. If a payment fails, we may suspend the Service until the outstanding amount is paid.
6. Acceptable Use and Teams
Workspaces may be shared with teammates or collaborators you invite. Workspace administrators are responsible for the conduct of their members within that workspace, including ensuring that members' use complies with these Terms.
We may suspend or terminate access to the Service, in whole or in part, if we reasonably believe that your use poses a security, legal, or operational risk to Kestrel, to other users, or to the integrity of the Service.
7. Intellectual Property
Kestrel and its licensors own all right, title, and interest in and to the Service, including all software, interfaces, content, and trade marks. No rights are granted to you other than the limited licence in Section 2. You agree that any feedback, suggestions, or ideas you voluntarily provide may be used by Kestrel without restriction or compensation.
8. Confidentiality
Each party may receive information that is confidential or proprietary to the other ("Confidential Information"). The receiving party will protect Confidential Information using at least the same degree of care it uses for its own confidential information, and in no event less than reasonable care, and will use it only to perform under these Terms. This obligation does not apply to information that is or becomes public without breach, is independently developed, or is required to be disclosed by law.
9. Termination
You may terminate your account at any time by following the deletion flow in the Service or by contacting support. We may terminate or suspend your access for material breach, prolonged inactivity, or where continued provision would be unlawful.
On termination, your right to access the Service ends immediately. Customer Data may be exported for a reasonable period after termination and will otherwise be deleted in accordance with our retention schedule described in the Privacy Policy. Sections that by their nature should survive termination (including Sections 7, 8, 10, 11, 12, and 13) will do so.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
KESTREL DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE. OUTPUTS AND SUGGESTIONS GENERATED BY THE SERVICE, INCLUDING ANY AI-ASSISTED FEATURES, ARE INFORMATIONAL ONLY AND SHOULD BE REVIEWED BY A QUALIFIED PROFESSIONAL BEFORE YOU RELY ON THEM.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KESTREL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KESTREL IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED US DOLLARS ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless Kestrel and its affiliates from any claim, demand, loss, or expense (including reasonable legal fees) arising out of or relating to your Customer Data, your use of the Service in violation of these Terms, or your violation of any law or third-party right.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.
Where permitted by law, you and Kestrel each waive the right to a jury trial and the right to participate in a class action.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will publish the new version and increment the version number. If the change is material, you will be required to review and re-accept the Terms before continuing to use the Service. Continued use of the Service after a new version takes effect constitutes acceptance of that version.
15. Miscellaneous
These Terms, together with the Privacy Policy and any order form or supplemental terms referenced in the Service, are the entire agreement between you and Kestrel and supersede all prior understandings. Our failure to enforce any provision is not a waiver of that provision. If any provision is held unenforceable, the remaining provisions will remain in effect. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Notices to Kestrel must be sent to legal@kestrel.example. We may give you notice through the Service or by email to the address associated with your account.
16. Contact
Questions about these Terms can be sent to legal@kestrel.example.