Agreement to our legal terms
The company operating the services is ArchiCheck AI DBA Kestrel Labs, with its principal place of business at 1801 California St. Suite 2400, Denver, CO 80202. The services include the website kestrellabs.com and related products.
You can contact us via email at hello@kestrellabs.com or by mail at the Colorado address. By accessing the services, you agree to be bound by all legal terms presented.
We reserve the right to modify these terms at any time, with changes indicated by updating the "Last updated" date. You are responsible for reviewing updates periodically.
The services are intended for users at least 18 years old; those under 18 cannot use or register.
Our services
The information provided is not intended for distribution in jurisdictions where doing so would violate local laws or create registration requirements.
The services do not comply with industry-specific regulations including HIPAA and FISMA, and users whose interactions would be subject to such laws may not use the services. You may not use the services in violation of the Gramm-Leach-Bliley Act.
Intellectual property rights
We own all intellectual property rights in the services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics.
You receive a non-exclusive, non-transferable, revocable license to access the services and download content for internal business purposes only.
No part of the services may be copied, republished, or exploited for commercial purposes without express written permission.
By sending submissions to us, you assign all intellectual property rights in those submissions to us.
You warrant that your submissions are original, do not infringe third-party rights, and are not confidential.
User representations
By using the services, you represent that registration information is true and current; you have legal capacity; you are not a minor; you will not use automated means to access the services; and your use complies with applicable law.
Providing false information permits us to suspend or terminate accounts.
User registration
You must keep passwords confidential and are responsible for account use. We may remove usernames deemed inappropriate or objectionable.
Purchases and payment
We accept Visa, Mastercard, American Express, and Discover. You must provide current and accurate payment information and authorize charges for purchases.
We reserve the right to refuse orders, limit quantities, and correct pricing errors. Sales tax will be added as required.
Subscriptions
We offer a free trial period to new users; specific terms are not completed in this document. Cancellation takes effect at the end of the current paid term.
All purchases are non-refundable. We may change subscription fees with notice per applicable law.
Prohibited activities
You may not systematically retrieve data to create databases; defraud or mislead others; circumvent security features; disparage the services; use information to harass others; or engage in unauthorized use of support services.
You may not upload viruses or disruptive materials; engage in automated use; delete copyright notices; impersonate others; interfere with service operation; harass company employees; bypass access restrictions; copy or reverse engineer software; or create unauthorized accounts.
You may not use the services to compete with us, advertise goods and services, or sell/transfer your profile.
User-generated contributions
While the services do not typically offer users submission opportunities, if contributions are allowed, you represent that contributions do not infringe third-party rights and do not violate applicable law.
You warrant you own or have necessary licenses for contributions and have obtained required consents from identifiable individuals depicted.
Contributions must not be false, misleading, obscene, harassing, or otherwise objectionable, nor violate privacy or child protection laws.
Contribution license
We may access, store, process, and use user-provided information per the privacy policy. Feedback may be used for any purpose without compensation.
You retain ownership of contributions and associated intellectual property rights. We assume no liability for user statements or representations.
Third-party websites and content
We are not responsible for third-party websites or content linked through the services. Third-party inclusion does not imply endorsement.
You access third-party sites at your own risk and should review applicable terms separately. We take no responsibility for third-party transactions or products.
Services management
We reserve the right to monitor for violations; take legal action; refuse or restrict access; remove excessive content; and manage services to protect rights and facilitate proper functioning.
Privacy policy
You must review and agree to the privacy policy. The services are hosted in the United States; you consent to data transfer and processing there.
Term and termination
We reserve the right to deny access and use without notice or liability for any reason. Accounts and content may be deleted without warning.
If accounts are terminated, you may not register new accounts under any name. We reserve the right to pursue legal action.
Modifications and interruptions
We reserve the right to change, modify, or remove service contents without notice and assume no liability for unavailability, interruptions, or discontinuance.
We have no obligation to maintain services or provide updates or corrections.
Governing law
These terms and service use are governed by Colorado law applicable to agreements made entirely within Colorado, without regard to conflict of law principles.
Dispute resolution
Parties must attempt informal negotiation for at least 30 days before initiating arbitration.
If negotiation fails, disputes are resolved by binding arbitration under American Arbitration Association rules. The arbitration occurs in Denver, Colorado unless otherwise required.
Disputes cannot be brought as class actions. Any dispute must be commenced within one year after the cause of action arose.
Exceptions to arbitration include disputes involving intellectual property protection, theft, piracy, invasion of privacy, and injunctive relief claims.
Corrections
We reserve the right to correct typographical errors, inaccuracies, and omissions without prior notice.
Disclaimer
The services are provided AS-IS AND AS-AVAILABLE. We disclaim all warranties, including merchantability and fitness for particular purpose, and assume no liability for content errors, personal injury, unauthorized access, interruptions, viruses, or data loss.
We do not warrant, endorse, or assume responsibility for third-party products or services advertised through the services.
Limitations of liability
We will not be liable for direct, indirect, consequential, or punitive damages including lost profit or data loss. Liability is limited to the lesser of amounts paid in the six months prior to the cause of action or $10,000 USD.
Some state and international laws may not allow such limitations, which may not apply to all users.
Indemnification
You agree to defend, indemnify, and hold us harmless from losses arising from service use, breach of terms, breach of representations, violation of third-party rights, or harmful acts toward other users.
We reserve the right to assume exclusive defense of such claims at your expense.
User data
We maintain data for performance management purposes. You are solely responsible for transmitted data and loss or corruption thereof. We disclaim liability for data loss.
Electronic communications, transactions, and signatures
You consent to electronic communications and agree that electronic notices satisfy legal writing requirements. You waive rights requiring original signatures or non-electronic records.
California users and residents
Unresolved complaints may be directed to the California Department of Consumer Affairs Complaint Assistance Unit at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, by phone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These terms constitute the entire agreement. Our failure to enforce provisions does not waive them. We may assign rights and obligations to others.
If any provision is deemed unenforceable, it is severable and does not affect remaining provisions. No joint venture, partnership, or agency relationship is created.
Contact us
For complaints or further information, contact ArchiCheck AI DBA Kestrel Labs at:
1801 California St. Suite 2400Denver, CO 80202
United States
hello@kestrellabs.com