Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the kestrynwebsite and platform (together, the “Service”), operated by Kestryn LLC, a Texas limited liability company (“Kestryn,” “we,” or “us”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

kestryn provides aerial intelligence services for ranch and farm owners, including drone flight scheduling, imagery processing, and land analysis tools. Our aerial operations consist of photography and mapping of land conditions and infrastructure — vegetation, terrain, water features, structures, fences, and roads — and changes to them over time. The Service is not a wildlife survey, game-counting, or wildlife-management service, and is not provided for the purpose of hunting, locating, counting, or managing wildlife. Service availability depends on geographic coverage and operational capacity.

Paid flights, subscriptions, and data services are provided under a separate written service agreement between you and Kestryn. If you have entered into such an agreement, it governs the paid services and controls over these Terms in the event of any conflict. These Terms govern your access to and use of the website and platform generally.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to violate any applicable law or regulation, including FAA regulations governing unmanned aircraft systems.

If you schedule or authorize a flight, you represent that you own the property or are otherwise authorized to permit aerial operations over it, and you authorize Kestryn to operate unmanned aircraft over and capture imagery of the property for the purposes described in these Terms and your service agreement. You are responsible for identifying any areas to be excluded and any areas not covered by your authorization, and for disclosing known hazards and access constraints.

Flight scheduling is subject to weather, airspace restrictions, regulatory requirements, and operational availability. kestryn makes reasonable efforts to complete flights within agreed windows but does not guarantee specific delivery dates. We may reschedule a flight for safety or regulatory reasons. Credits are issued for flights that cannot be completed, as described in your service agreement.

Fees for paid services are stated in your service agreement or order and are exclusive of taxes. You are responsible for applicable sales and use taxes, including Texas sales tax on data processing services, which we collect in addition to the stated price and show as a separate line item.

Upon full payment, you retain ownership of your property data and the flight deliverables for your land, including orthomosaics, reports, and boundary files. kestryn retains all ownership of the platform, software, processing pipelines, report templates, derived analytical models, and the kestryn name and marks.

You grant kestryn:

• a license to process and host your imagery and data to provide the Service; and
• a perpetual, royalty-free license to use your imagery and data in aggregated and anonymized form — meaning in a manner that does not identify you, your specific property, or its precise location — to operate, improve, and develop our products and services, including regional benchmarks and models.

We will not share identifiable imagery of your land without your consent.

Deliverables and analysis depict observed conditions at the time of capture and are provided for informational purposes. They are not a boundary survey, legal land survey, engineering certification, or professional advice unless a specifically identified survey-grade or certified product is purchased, and then only to the extent stated for that product. You are solely responsible for decisions you make based on the Service, including land-management, financial, regulatory, and legal decisions.

EXCEPT AS EXPRESSLY STATED, THE SERVICE AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

To the maximum extent permitted by law, kestrynshall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability shall not exceed the fees paid by you in the twelve months preceding the claim. These limitations do not apply to your payment obligations, either party’s indemnification obligations, or liability that cannot be limited under applicable law.

You will indemnify and hold kestryn harmless against third-party claims arising from your breach of the property-access representations in Section 6, your use of deliverables, or your violation of applicable law.

You may stop using the website and platform at any time. Cancellation, refunds, and the wind-down of paid subscriptions are governed by your service agreement; where a prepaid term is cancelled, refunds are handled as provided there. kestryn may suspend or terminate accounts that violate these Terms immediately and without notice.

We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. Material changes will be communicated via email.

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. The exclusive venue for any dispute arising out of or relating to these Terms is the state or federal courts located in Texas, and each party consents to that venue.

kestrynmay assign these Terms to a successor in connection with a merger or sale of all or substantially all of its assets; otherwise neither party may assign without the other’s consent. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. These Terms, together with any applicable service agreement, constitute the entire agreement regarding your use of the website and platform.

These Terms are offered by Kestryn LLC. Questions? Email us at [email protected].