Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of kestreilabs.com and the Kestrel Labs building-code compliance analysis platform, together the "Service," operated by Kestrel Labs, Inc. ("the Company," "we," "us," or "our") at 1600 Wynkoop Street, Suite 200, Denver, CO 80202. By accessing or using the Service, you accept these Terms. If you disagree, do not use the Service.

The Service offers automated preflight compliance analysis for architecture and engineering firms. It does not replace a licensed design professional's judgment, municipal plan review, or an official code interpretation from an authority having jurisdiction.

2. Use of the Service

• You must be 18 years old or older and, for professional use, authorized by the firm on whose behalf you submit project data.
• You must not use the Service unlawfully, disrupt its operation, or seek unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or reproduce the Service unless applicable law expressly permits it.
• You may not upload BIM files or project data you lack the right to submit, including client-confidential files barring third-party processing.

3. Intellectual Property

The Company or its licensors own the Service, including its text, graphics, logos, software, check rules, and compliance analysis engine, which are protected by U.S. and international intellectual-property laws. The Company grants you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose under your subscription plan.

4. User Content and BIM Model Data

You may submit BIM files in IFC, Revit RVT, ArchiCAD, or other supported formats, plus project metadata and related materials, together "User Content." You represent and warrant that:

• You hold all rights, licenses, and authorizations required to submit the User Content;
• Submission of the User Content breaches no confidentiality duty, professional licensing restriction, or third-party intellectual-property right;
• The User Content contains no malicious code or data intended to damage the Service or its infrastructure.

You grant the Company a limited license to process User Content as needed to provide the Service, including parsing models, performing compliance checks, and producing results for you. Without your explicit written consent, the Company will not use BIM files or project-specific data for another purpose, including model training. See the Privacy Policy for retention periods applicable to submitted model files.

5. Professional Responsibility and Disclaimers

THE SERVICE IS A PREFLIGHT COMPLIANCE ANALYSIS TOOL. IT IS NOT A PLAN REVIEW, AN OFFICIAL BUILDING-CODE INTERPRETATION, OR AN APPROVAL FROM ANY AUTHORITY HAVING JURISDICTION. Results reflect automated analysis of your model data against published code standards and do not state the position of a municipal building department, plan-check engineer, or regulatory body.

The architect of record and licensed design professional of record remain solely responsible for the design, permit submission, and all professional judgments concerning the project. Kestrel Labs compliance check results are preflight indicators and do not supersede, replace, or fulfill any plan review requirement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF COMPLIANCE CHECK RESULTS, AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY RELIANCE ON COMPLIANCE CHECK RESULTS IN A PERMIT SUBMISSION OR DESIGN DECISION. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO THE COMPANY IN THE THREE MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

Some jurisdictions prohibit excluding certain warranties or limiting certain damages. There, our liability is limited to the maximum extent the law permits.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company against claims, damages, liabilities, and expenses, including reasonable attorneys' fees, arising from (a) your use of the Service, (b) your breach of these Terms, (c) your violation of a third-party right, or (d) a third party's reliance on compliance check results you share.

8. Termination

The Company may suspend or end your Service access at any time, with or without notice, including for violating these Terms. When access ends, your license under Section 3 terminates immediately. Sections 3, 5, 6, 7, 9, and 10 remain effective.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Colorado, excluding its conflict-of-law principles.

Informal Resolution. Before bringing a claim, contact the Company at [email protected] and try to resolve it informally for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Colorado, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction in Colorado, USA, for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

The Company may revise these Terms periodically. Material revisions will be posted with a new "Last updated" date. Using the Service after the revised Terms take effect means you accept them.

11. Contact

Kestrel Labs, Inc.
1600 Wynkoop Street, Suite 200
Denver, CO 80202
Email: [email protected]
Phone: +1 (303) 771-0184