Terms of Service

Welcome to Kestrel! These Terms of Service ("Terms") govern your access to and use of the Kestrel mobile application and related services (collectively, the "Service") provided by Kestrel ("we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms.

1. Description of Service

Kestrel is a mobile integrated development environment (IDE) that allows you to:

• Generate and edit code using AI-powered assistance
• Preview web applications directly on your iOS device
• Integrate with GitHub for version control and repository management
• Trigger cloud builds via GitHub Actions
• Export projects for native iOS/Android compilation via Capacitor

2. Account Requirements

2.1 Eligibility

To use the Service, you must:

• Be at least 13 years of age (or the minimum age in your jurisdiction)
• Have a valid GitHub account for repository integration
• Provide accurate and complete registration information

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

3. Subscription and Payment

3.1 Subscription Plans

Kestrel Pro is offered as a monthly subscription at $8.99 USD per month. The subscription includes:

• AI code generation (usage limits apply)
• Real-time preview capabilities
• Full GitHub integration
• Cloud build features
• Capacitor export functionality
• Priority customer support

3.2 Billing

Subscriptions are billed on a recurring monthly basis. Payment is processed through Creem, our third-party payment provider. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

3.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• No refunds will be provided for partial billing periods
• Your account will revert to limited functionality after the billing period ends

3.4 Price Changes

We reserve the right to modify subscription pricing. We will provide at least 30 days' notice before any price changes take effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4. Acceptable Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Generate, distribute, or host malware, viruses, or malicious code
• Infringe upon the intellectual property rights of others
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Use automated means to access the Service without our express permission
• Reverse engineer, decompile, or disassemble any part of the Service

5. Intellectual Property

5.1 Your Content

You retain all ownership rights to the code, applications, and other content you create using the Service ("Your Content"). By using the Service, you grant us a limited license to process Your Content solely for the purpose of providing the Service to you.

5.2 Our Property

The Service, including its design, features, AI models, algorithms, and underlying technology, is owned by Kestrel and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our express written permission.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, perpetual license to use such feedback for any purpose without compensation to you.

6. Third-Party Services

The Service integrates with third-party services including GitHub, Firebase, and Creem. Your use of these services is subject to their respective terms and conditions. We are not responsible for the actions or policies of third-party service providers.

7. Disclaimers

7.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that the Service will be uninterrupted, error-free, or secure.

7.2 AI-Generated Code

Code generated by the AI agent is provided as a tool to assist your development. You are responsible for reviewing, testing, and validating all generated code before use in production environments. We make no warranties regarding the accuracy, completeness, or suitability of AI-generated code.

7.3 GitHub Actions and Builds

Cloud builds are executed through GitHub Actions. Build times, availability, and functionality are subject to GitHub's terms and platform limitations.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for any loss of data, revenue, profits, or business opportunities

9. Indemnification

You agree to indemnify, defend, and hold harmless Kestrel and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any third-party rights

10. Termination

10.1 By You

You may terminate your account at any time by discontinuing use of the Service and canceling any active subscriptions.

10.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, including if we reasonably believe you have violated these Terms. Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account data after a reasonable period
• Provisions that by their nature should survive termination will remain in effect

11. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

12. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

13. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Kestrel regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.