Skip to content

Terms of service

Last updated

Who you are contracting with

Kestrel is operated by Omer Zaradez, a sole trader established in Israel, of HaGefen 100, Ramat HaSharon, Israel. Notices under these terms reach us at support@kestrel.video.

These terms govern your use of Kestrel (the “Service”), available at kestrel.video. By creating an account you agree to them. If you are agreeing on behalf of a company, you confirm you are authorised to bind it.

Who may use the Service

You must be at least 18. You must not be barred from receiving services under the export control or sanctions laws that apply to you or to us, and you must not be located in a jurisdiction subject to a comprehensive embargo.

One person, one account. You are responsible for everything done through your account and for keeping your credentials secret. Tell us promptly if you believe someone else has gained access.

What the Service is

Kestrel is an interface to third-party generative models. You write a prompt, choose a model, and we submit your request to the provider that operates it. We do not train, host or control those models, and their behaviour, availability and output quality are not ours to guarantee.

Models are added and removed as providers publish and retire them. We may change the catalogue at any time. If a model you have used is withdrawn, previously generated work stays in your library.

Credits, payment and refunds

Credits are the unit of account. Every generation quotes its cost before you commit. Credits are reserved when a generation starts and charged only when it succeeds; if it fails, the reservation is released in full and automatically. You are never charged for a result you did not receive.

Credits bought as a pack do not expire. Credits included with a subscription are granted for each billing period; whether they carry into the next period depends on the plan and is stated on the pricing page and on your billing page. Credits have no cash value, cannot be transferred between accounts, and are not redeemable for money.

You buy from us: Omer Zaradez is the seller. Payments are processed by PayPal, so your card or PayPal account details go to PayPal and never to us, and the payment itself is also subject to PayPal’s own terms. Prices are shown in US dollars and are the total you are charged. Refunds are issued through PayPal under our refund policy.

Subscriptions renew automatically at the interval you chose until cancelled. You may cancel at any time from your billing page and will keep access until the end of the period already paid for. We do not pro-rate partial periods.

We may change prices. A change to an existing subscription takes effect at your next renewal and we will tell you before it does. Credit pack prices may change at any time; packs you have already bought are unaffected.

If you are a consumer in the EU or the UK you have a statutory right to withdraw from a distance contract within 14 days. For digital services that right is lost once performance begins with your express consent and your acknowledgement that you are giving it up. Where you have not yet spent the credits, our refund policy is more generous than the statutory minimum and applies regardless.

What you may generate

You must not use the Service to create, upload or distribute material that:

  • sexualises minors in any way, or depicts child sexual abuse;
  • is sexually explicit, pornographic or sexually suggestive, or depicts nudity — of anyone, real or fictional, adult or not, and whether or not it is labelled as art;
  • puts a real, identifiable person into an image or video, or makes them appear to say or do something they did not, without the permission of every person shown — and, even with permission, does so in a sexual context, with a minor, with a public figure, or to deceive (see the acceptable use policy);
  • depicts a real, identifiable person in a sexual or intimate context without their consent;
  • impersonates a real person or organisation in order to deceive — including synthetic likeness or voice used to make someone appear to say or do something they did not;
  • is designed to defraud, to spread disinformation about elections or public health, or to harass, threaten or defame a person;
  • infringes copyright, trade marks, privacy or publicity rights;
  • promotes violent extremism, or provides instructions for weapons or other activity likely to cause serious harm;
  • breaches the usage policy of the model provider that will run it.

You are responsible for the rights in anything you upload, including reference images and source video. If you upload a photograph of a person, you confirm you have their consent to do so and to have their likeness used in a generated result.

Every prompt is screened automatically before it runs, and a prompt that fails screening is refused without charge. Screening is not a guarantee that a result is lawful or appropriate, and it does not move responsibility for what you create away from you. We may suspend or terminate an account that we reasonably believe is being used for any of the above, and we may report unlawful material to the authorities.

Our acceptable use policy sets out the same rules in more detail and forms part of these terms.

Who owns what

You keep whatever rights you have in the prompts, images and video you upload. You keep whatever rights are available to you in the output you generate, and we claim no ownership of it.

We cannot grant you rights the underlying model provider does not grant. Each provider licenses its output on its own terms — some permit commercial use freely, some restrict it, and some make no warranty about third-party rights in what a model produces. The applicable terms are the provider’s, and it is your responsibility to check them for the model you used before relying on its output commercially.

Generative models can produce results that resemble existing works or existing people. Whether a particular output infringes someone’s rights is a question about that output, and one we are not in a position to answer for you.

You grant us a limited licence to store, process and transmit your content for the sole purpose of operating the Service — which means sending it to the provider you selected, storing the result in your library, and showing it back to you. We do not use your content to train models. We will not publish your work or use it in marketing unless you ask us to.

Availability, and what we do not promise

We aim to keep the Service running but do not guarantee uninterrupted availability. We may take it down for maintenance, and providers we depend on may fail or change without notice. Generation times are estimates, not commitments.

The Service is provided as is. To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that a model will produce a particular result, or that output will be accurate, original or fit for any purpose you have in mind.

Liability

Nothing here excludes liability that cannot lawfully be excluded — including for death or personal injury caused by negligence, or for fraud. If you are a consumer, your statutory rights are unaffected by anything in this section.

Otherwise, and to the extent the law allows, neither party is liable for indirect or consequential loss, loss of profit, loss of business or loss of data; and our total liability arising out of or in connection with these terms is limited to the greater of the amount you paid us in the twelve months before the claim, or one hundred United States dollars.

Suspension and termination

You may delete your account at any time from your settings. Doing so ends your subscription at the end of the current period and removes your content from the Service; unused credits are forfeited and are not refunded.

We may suspend or close an account that breaches these terms, that is being used unlawfully, or where we are required to by law. Where it is reasonable to do so, we will tell you why and give you a chance to put it right. If we close your account without cause, we will refund credits you have bought and not used.

Changes to these terms

We may update these terms. If a change materially affects your rights, we will give notice by email or in the product before it takes effect, and continuing to use the Service afterwards means you accept the new version. The date at the top of this page is the date of the current version.

Law and disputes

These terms are governed by the law of Israel, and any dispute arising out of them is subject to the exclusive jurisdiction of the competent courts of Tel Aviv-Yafo.

If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of the country where you live, and it does not prevent you bringing a claim in your own courts where the law gives you that right.

Contact

Write to support@kestrel.video for support, for legal notices, and for anything in these terms that says to tell us. It is a monitored mailbox and we aim to answer within a few working days.