Terms of Service

1. What We Provide

Kestrel Crew deploys an “aerie” — a coordinated team of AI operations agents — to your business. These agents connect to the tools you already use (CRM, email, analytics, etc.) and provide continuous operational intelligence: pipeline monitoring, campaign analysis, customer health scoring, collections tracking, and executive briefings.

Each aerie runs on dedicated Mac Mini hardware provisioned specifically for your account. Your agents are coordinated by Aurelius (our strategic coordinator agent) and supported by Ember (our engagement agent). The Service includes:

• AI agent deployment and configuration on dedicated hardware
• Integration with your existing business tools and systems
• Ongoing agent operation, monitoring, and maintenance
• Access to the Kestrel Crew Operator Console (web dashboard)
• Scheduled and on-demand agent tasks (briefings, reports, analysis)
• Token credits for agent processing (included in your plan and available as add-on packs)
• Strategy sessions and onboarding support as specified in your plan

2. Subscriptions & Billing

2.1 Monthly Subscription

The Service is offered on a monthly subscription basis. Plans range from $1,500 to $6,000 per month depending on the number of agents and features selected. Your subscription begins on the date your aerie is deployed and renews automatically each month on the same calendar date.

2.2 Payment

Payment is processed through Stripe. You authorize us to charge your payment method on file at the beginning of each billing cycle. If payment fails, we’ll notify you and provide a 7-day grace period. If payment is not received within the grace period, we may suspend agent operations until the balance is resolved.

2.3 Plan Changes

You can upgrade or downgrade your plan at any time. Upgrades take effect immediately and are prorated for the remainder of your current billing cycle. Downgrades take effect at the start of your next billing cycle. Agent swaps (e.g., replacing Piper with Sage) are processed within 24 hours and take effect at the next billing cycle.

2.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing cycle — you retain access to the Service through the remainder of the period you’ve already paid for. We do not offer partial refunds for unused time within a billing cycle.

2.5 Taxes

Prices do not include applicable taxes. You are responsible for any sales, use, VAT, or similar taxes imposed by your jurisdiction. We’ll collect and remit taxes where legally required.

3. Token Credits

Your agents consume token credits when processing tasks — conversations, analyses, briefings, reports, and automated workflows. Each plan includes a monthly token credit allocation.

3.1 Monthly Allocation

Token credits are allocated at the start of each billing cycle. Unused credits do not roll over — your allocation resets each month. This keeps pricing simple and predictable.

3.2 Credit Packs

If you need additional tokens beyond your plan’s allocation, you can purchase credit packs at any time through the Operator Console. Credit packs are one-time purchases, not recurring. Purchased credits expire at the end of the billing cycle in which they were purchased.

3.3 Overage

If you exhaust your token credits (both plan allocation and any purchased packs), agent operations that require token processing will be paused until credits are replenished. We’ll notify you when you reach 80% and 95% of your available credits so you have time to purchase additional packs if needed. We will never charge overage fees without your explicit consent.

3.4 Usage Visibility

Real-time token usage is visible in the Operator Console at all times. You can see per-agent usage, per-task usage, and your remaining balance.

4. Your Data

4.1 Ownership

You retain all rights, title, and interest in your data. This includes all business data your agents access through integrations (CRM records, email content, analytics data, financial records, etc.), as well as any reports, analyses, or outputs generated by your agents based on your data. We claim no ownership over any of it.

4.2 How We Use Your Data

We access and process your data solely to deliver the Service — running your agents, generating analyses, creating briefings, and executing the tasks you configure. We also use aggregated, anonymized usage metrics (not your business data) to improve the Service.

4.3 What We Don’t Do

• We do not sell, rent, or share your business data with third parties for their own purposes.
• We do not use your data to train AI models.
• We do not share your data between client accounts. Each aerie is fully isolated on dedicated hardware.

4.4 Data Processing

To deliver the Service, your data may be sent to third-party AI providers (specifically Anthropic) for processing by their language models. This data is sent under Anthropic’s data processing terms, which prohibit them from using your data for model training. See our Privacy Policy for details.

4.5 Integration Credentials

Integration credentials (API keys, OAuth tokens, etc.) that you provide for your agents to access your systems are stored encrypted and are used only to connect your agents to the systems you authorize. You can revoke any integration at any time through the Operator Console.

5. AI Limitations & Disclaimers

Our agents are powered by large language models (currently Anthropic’s Claude models). While these are powerful tools, they have inherent limitations that you should understand:

• Not a replacement for human judgment. Agent outputs are informational and advisory. They are designed to surface insights, identify patterns, and draft recommendations — not to make final business decisions on your behalf. Your team provides the judgment; the agents provide the intelligence.
• No guarantee of accuracy. AI models can produce incorrect, incomplete, or misleading outputs. While we configure agents for reliability and accuracy, and they improve as they learn your business, you should always verify critical information before acting on it.
• Not legal, financial, or medical advice. Agent outputs do not constitute professional advice of any kind. Consult qualified professionals for decisions in those domains.
• AI behavior may change. The underlying AI models are developed by Anthropic and may be updated or modified by them. While we manage the service layer to maintain consistency, the AI provider’s changes may affect agent behavior. We’ll communicate significant changes as we become aware of them.

We are a service layer that deploys, configures, and manages AI agents for your operations. We are not the AI provider itself.

6. Hardware & Infrastructure

Your aerie runs on a dedicated Mac Mini server provisioned and managed by Kestrel Crew. Here’s what that means:

• We own the hardware. The Mac Mini is Kestrel Crew’s property. Your subscription gives you use of the agents running on it, not ownership of the physical device.
• Dedicated to you. Your hardware is not shared with other clients. Your data stays on your machine. This is full isolation, not multi-tenant shared infrastructure.
• We handle maintenance. OS updates, security patches, agent software updates, hardware monitoring — all managed by us. We aim for maximum uptime but do not guarantee 100% availability (see Section 8).
• No physical access. You do not have physical access to the hardware. All interaction with your agents is through the Operator Console, integrated communication channels (Slack, email, etc.), and the integrations you configure.

7. Acceptable Use

You agree to use the Service for lawful business operations only. You may not:

• Use agents for any illegal activity or to facilitate illegal activity
• Attempt to reverse-engineer, decompile, or extract the underlying agent configurations, skill definitions, or proprietary systems
• Use agents to generate spam, phishing content, or deceptive communications
• Abuse agents to harass, discriminate against, or cause harm to any person
• Use the Service to process data you don’t have the right to access or process
• Attempt to access other clients’ infrastructure, data, or agents
• Exceed or circumvent your plan’s usage limits through automated or manual means
• Resell, sublicense, or provide access to the Service to third parties without our written consent

We reserve the right to suspend or terminate accounts that violate these terms. We’ll notify you first and provide an opportunity to resolve the issue, except in cases of severe or repeated violations where immediate action is necessary.

8. Service Availability & Limitations of Liability

8.1 Availability

We work hard to keep your agents running around the clock. However, the Service is provided “as is” and “as available.” We do not guarantee uninterrupted or error-free operation. Planned maintenance windows will be communicated in advance. Unplanned outages will be addressed as quickly as possible.

8.2 Limitation of Liability

To the maximum extent permitted by law:

• Kestrel Crew’s total liability for any claims arising from or related to the Service is limited to the total fees paid by you in the twelve (12) months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption — regardless of whether we were advised of the possibility of such damages.
• We are not liable for any actions taken or not taken based on AI agent outputs. You are responsible for validating agent recommendations before acting on them.
• We are not liable for outages, errors, or performance degradation caused by third-party services (including Anthropic, your integrated business tools, or your internet connection).

8.3 Disclaimer of Warranties

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that agent outputs will be accurate, complete, or suitable for any specific business decision.

9. Termination

9.1 Termination by You

You may terminate your subscription at any time by canceling through the Operator Console or by contacting us at support@kestrelcrew.com. Termination takes effect at the end of your current billing cycle.

9.2 Termination by Us

We may terminate or suspend your account if you materially breach these Terms and fail to cure the breach within 14 days of written notice, or immediately in cases of fraud, illegal activity, or actions that threaten the security or integrity of the Service.

9.3 Data Export

Upon termination (by either party), you have a 30-day data export window. During this period, you can export all agent-generated reports, analyses, and outputs through the Operator Console. We’ll assist with data export on request. After the 30-day window, we will delete your data from our systems (see our Privacy Policy for retention details).

9.4 Surviving Provisions

Sections regarding data ownership, limitations of liability, dispute resolution, and any provisions that by their nature should survive termination will remain in effect after these Terms end.

10. Intellectual Property

The Service, including its software, agent configurations, skill frameworks, user interfaces, documentation, and all related intellectual property, is owned by Kestrel Crew and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

Custom agent skills developed specifically for your business (through Skill Development Workshops or custom training) belong to Kestrel Crew but are exclusively available to your aerie for the duration of your subscription. The underlying frameworks and techniques used to build those skills remain our intellectual property.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kestrel Crew, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law, or (d) actions taken based on agent outputs without appropriate human review.

12. Dispute Resolution

12.1 Informal Resolution First

Before filing any formal dispute, you agree to contact us at legal@kestrelcrew.com and attempt to resolve the dispute informally within 30 days. Most issues can be resolved through a straightforward conversation.

12.2 Binding Arbitration

If we can’t resolve a dispute informally, both parties agree to resolve it through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Denver, Colorado, and may be conducted remotely by mutual agreement.

12.3 Class Action Waiver

Both parties agree that disputes will be resolved on an individual basis only. Neither party may bring claims as a plaintiff or class member in any class, consolidated, or representative proceeding.

12.4 Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we’ll notify you via email or through the Operator Console at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you disagree with any changes, you may cancel your subscription before the changes take effect.

14. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy and any applicable order form or service agreement, constitute the entire agreement between you and Kestrel Crew regarding the Service.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect.
• Waiver. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with 30 days’ notice.
• Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, government actions, or infrastructure failures.
• Notices. We’ll send notices to the email address on your account. You can send notices to legal@kestrelcrew.com.

15. Contact Us

Questions about these Terms? Reach out: