01Acceptance of terms#
These Terms of Use (“Terms”) govern your access to and use of Kestrio, including the web application, client portal, APIs, integrations and related services (the “Service”), provided by TDCCommerce (“TDCCommerce”, “we”, “us” or “our”).
By creating a workspace, accepting an invitation, purchasing a subscription or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a company or other organization (“Customer”), you confirm you have authority to bind it. Where Customer has signed a separate agreement with us, that agreement prevails.
02The Service#
Kestrio is professional services automation software. Depending on plan, it includes CRM, projects and tasks, agile boards, a service desk, resourcing, time and expense tracking, rate cards, invoicing, approvals, automations, analytics, internal operations tools, a client portal and AI features.
We continually improve the Service and may add, change or retire features. We will not materially reduce the core functionality of a paid plan during its current subscription term.
03Accounts and workspaces#
- Each user needs their own account; credentials must not be shared. Seats are assigned to named users.
- You are responsible for keeping credentials secure and for activity under your account. Tell us promptly at [email protected] if you suspect unauthorized access.
- Workspace owners and admins control membership, roles, permissions, integrations and client portal access, and are responsible for the people they invite — including clients given portal access.
- You must be at least 16 and able to form a binding contract.
04Subscriptions and billing#
- Plans and seats: paid plans are billed per seat, monthly or annually, with the features and quotas shown on our pricing page at the time of purchase.
- Payment: payments are processed by Stripe. By subscribing you authorize us to charge your payment method for the subscription and any seats added during the term.
- Renewal: subscriptions renew automatically for the same period unless cancelled before the renewal date from your billing settings.
- Trials: where a plan includes a free trial, the trial length is shown at sign-up. Paid features stop when the trial ends unless you subscribe.
- AI credits: paid plans include a monthly AI credit allowance. Purchased top-up credits do not expire but are non-refundable.
- Downgrades and non-payment: if a plan is downgraded or payment fails, the workspace becomes subject to the lower plan’s features and quotas. We may suspend a workspace for non-payment after notice.
- Taxes and refunds: fees exclude taxes, which you are responsible for. Except where required by law, fees already paid are non-refundable.
05Your data#
Customer owns all data it and its users put into the Service, including records, files and email (“Customer Data”). We claim no ownership of it.
Customer grants us a worldwide, non-exclusive, royalty-free license to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as described in the Privacy Policy. Customer is responsible for having the rights and consents needed to put personal data — including employee and client information — into the Service.
06Acceptable use#
You agree not to use the Service to:
- break the law or infringe anyone’s rights;
- send spam or unsolicited bulk email through the mail module or automations;
- upload malware or content that is unlawful or abusive;
- probe, scan or test the Service’s security, or access another organization’s data;
- circumvent seat limits, plan quotas or feature gates, or resell the Service without our written permission;
- scrape or reverse engineer the Service, or use it to build a competing product.
We may suspend access that violates these rules or threatens the Service or other customers, and will tell you why where we can.
07AI features#
AI features generate suggestions, summaries and drafts using third-party language models. Output may be inaccurate or incomplete. You are responsible for reviewing it before relying on it or sharing it with clients, and for the decisions you make with it. We do not use Customer Data to train AI models.
08Integrations and third-party services#
The Service can connect to HubSpot, Salesforce, Slack, Google, Microsoft, Stripe and other third-party services. Your use of those services is governed by their own terms. We are not responsible for them, and connecting one authorizes us to exchange data with it on your behalf.
09Term, termination and export#
You can cancel at any time; access continues to the end of the paid period. We may terminate for material breach of these Terms that is not cured within 30 days of notice, or immediately for serious violations of the acceptable use rules.
You can export Customer Data at any time while the workspace is active and for 30 days after termination. After that we delete it as described in the Privacy Policy.
10Confidentiality and intellectual property#
We keep Customer Data confidential and use it only to provide the Service. Kestrio, its software, design and trademarks belong to TDCCommerce. We grant you a limited, non-transferable right to use the Service during your subscription. If you send us feedback, we may use it without obligation to you.
11Disclaimers and limitation of liability#
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free, or that invoices, reports or AI output it produces are free of errors.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL. EACH PARTY’S TOTAL LIABILITY IS LIMITED TO THE FEES PAID BY CUSTOMER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
12Governing law#
These Terms are governed by the laws of the jurisdiction in which TDCCommerce is established, without regard to conflict of law rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute arising from these Terms.
13Changes to these terms#
We may update these Terms. The date at the top of this page shows the latest version. We will notify workspace owners of material changes at least 30 days before they take effect; continuing to use the Service after that means you accept them.
14Contact#
Questions about these Terms? Contact TDCCommerce at [email protected] or visit tdccommerce.com.