These terms govern your use of Kestral, provided by Philotimo Global Pty Ltd (ABN 84 607 748 014), 663 Victoria Street, Abbotsford, Victoria, 3067, Australia ("we", "us"). By creating an account or using the service you agree to them. If you are agreeing on behalf of a company, you confirm you are authorised to do so.
Kestral connects to third-party platforms you authorise and presents your performance data from those platforms in one dashboard, with historical charts and reports. The service is provided on a subscription basis and evolves over time; we may add, change or remove features.
You are responsible for keeping your login credentials secure and for activity that takes place under your account. Tell us promptly at developer@thebackable.com if you believe your account has been accessed without your authorisation. You must be at least 18 years old, or the age of majority where you live, to use Kestral.
You may connect accounts you own or are authorised to manage. By connecting an account you authorise us to retrieve data from it on your behalf, on a read-only basis, in the way described in our Privacy Policy. You confirm that you have the right to grant that authorisation.
You can disconnect any account at any time. Third-party platforms control their own APIs, and we cannot guarantee continuous availability of any connection: a platform may change, rate-limit or withdraw access, and data a platform reports may be delayed or later revised by that platform.
Where you connect a YouTube channel, Kestral uses YouTube API Services, and your use of that connection is also subject to the YouTube Terms of Service and the Google Privacy Policy. You may revoke Kestral's access to your Google data at myaccount.google.com/permissions.
You agree not to:
You retain ownership of the data you bring to Kestral and of the data we retrieve from your connected accounts on your behalf. You grant us the limited licence needed to store, process and display it in order to provide the service. We handle it as described in our Privacy Policy.
Subscription fees, billing frequency and any trial terms are those presented to you at the time you subscribe. Fees are payable in advance and, except where the law requires otherwise, are non-refundable for the period already paid. We will give reasonable advance notice before changing our prices.
You may cancel at any time; your subscription then runs to the end of the current billing period. We may suspend or terminate your access if you materially breach these terms, if your payment fails, or if we are required to do so by law, and we will tell you why where we are permitted to.
We work to keep Kestral available and accurate, but we do not warrant that it will be uninterrupted or error-free, or that figures shown will always match those reported inside a connected platform's own interface. Data shown is for information only; you remain responsible for decisions you make using it.
To the fullest extent permitted by law, the service is provided "as is" without warranties of any kind, and we are not liable for indirect, incidental, special or consequential loss, or for lost profits, revenue or data. Our total liability arising out of or relating to the service is limited to the fees you paid us in the twelve months before the event giving rise to the claim. Nothing in these terms excludes liability that cannot lawfully be excluded, including rights you may have under consumer law.
We may update these terms. If a change is material we will notify you by email or in the application before it takes effect. Continuing to use Kestral after that date means you accept the updated terms.
These terms are governed by the laws of Victoria, Australia, and the courts of that jurisdiction have exclusive jurisdiction over any dispute, without affecting any right you have to bring proceedings where you live.
Philotimo Global Pty Ltd (ABN 84 607 748 014)
663 Victoria Street, Abbotsford, Victoria, 3067, Australia
developer@thebackable.com