These Terms of Service ("Terms") govern your access to and use of the Kestal platform, including MCP server products, and related services (the "Service"), operated by SaaSCrest Labs Inc. ("SaaSCrest", "we", "our", or "us").

These Terms operate alongside the SaaSCrest Corporate Terms of Service. In the event of conflict, these Terms govern for Kestal.

These Terms supplement and do not replace the SaaSCrest Corporate Terms of Service. All provisions of the Corporate Terms continue to apply unless expressly stated otherwise.

By accessing or using the Service, you agree to these Terms. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 18 years old to use Kestal.

Kestal is a business-to-business tool designed for professionals managing operations on connected third-party platforms. By using the Service, you represent that you meet this age requirement and that you have the authority to bind yourself or the organization you represent to these Terms.

If you are using the Service on behalf of an organization, "you" includes both you and that organization, and you represent that you are authorized to accept these Terms on its behalf.

2. Service Description

Kestal provides MCP (Model Context Protocol) server connectivity between your AI assistant and your existing third-party platforms.

Important distinctions:

• Kestal is a data connectivity layer. It fetches data from your connected platforms and delivers it to your selected AI assistant at your request.
• Kestal does not provide AI services. Your chosen AI assistant is operated by a separate provider under that provider's terms and subscription. We do not pay for, control, or take responsibility for any AI assistant's outputs, analysis, recommendations, or retention practices.
• Kestal does not send emails or messages. Certain tools within Kestal can create campaign drafts and modify subscriber or customer data on your connected platforms, but campaign sending or message dispatch can only be initiated through your native platform interface unless and until we expressly provide otherwise.
• Kestal is designed not to intentionally store retrieved content from connected platforms in its application database or ordinary logs after processing is complete, but limited transient or technical traces may exist as described in the Kestal Privacy Policy.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and API keys.

You agree to provide accurate, current, and complete information during registration and to keep it updated.

You are responsible for all activity that occurs under your account, including activity initiated through API keys you generate, unless and to the extent caused by our own unauthorized access, gross negligence, willful misconduct, or breach of law.

You must notify us promptly if you become aware of unauthorized use of your account or API keys.

4. Connected Platforms and Authorization

By connecting a third-party platform through the Service, you:

• Authorize Kestal to access your platform account via OAuth or similar authorization mechanisms on your behalf
• Confirm that you have the authority to grant such access
• Acknowledge that the scope of access depends on the connected platform's authorization implementation (for example, some platforms grant all-or-nothing account access, while others support scoped permissions)

You may disconnect a platform at any time through your Kestal dashboard, which removes the token from active application storage. You may also revoke access from within the connected platform's settings.

You acknowledge that third-party platforms may change their APIs, permission scopes, pricing, policies, or availability at any time, and that such changes may affect the Service.

5. Write Tools and User Responsibility

Certain Kestal tools can create or modify data on your connected platforms, including, for example:

• Creating or updating content artifacts (such as drafts, documents, records, tickets, tasks, or campaigns)
• Setting or replacing content or configuration (such as message content, metadata, or settings)
• Updating resource or object settings (such as visibility, ownership, access, routing, scheduling, or similar parameters)
• Adding or updating subscriber, customer, user, or other profiles
• Creating or updating groups, segments, lists, or similar collections

These write actions are performed on your platform account using your authorized credentials. Kestal executes your instructions — it does not make autonomous decisions about your data.

You are solely responsible for:

• Ensuring that your use of write tools complies with your connected platforms' terms of service and policies
• Complying with applicable privacy, marketing, anti-spam, consumer protection, and similar laws, including CAN-SPAM, CASL, GDPR, and similar laws where applicable
• Ensuring that any personal data or other sensitive data you add, disclose, retrieve, or modify through the Service is accurate, lawfully obtained, and lawfully processed
• Ensuring that you have all required consents, notices, contractual rights, and other lawful authority to permit Kestal and your selected AI assistant provider to process that data as part of the Service
• Reviewing any drafts, changes, or actions initiated through the Service before relying on them in your native platforms or workflows

SaaSCrest is not responsible for your independent compliance obligations in relation to your data, your use of connected platforms, your communications or campaigns, or your use of outputs generated by any AI assistant.

6. Subscriptions and Billing

Billing for paid features or subscriptions is processed through Stripe or another payment processor we may designate from time to time. We do not store full credit card numbers, bank account details, or other complete payment instrument information.

We may offer free tiers, paid subscriptions, trials, promotional pricing, usage-based features, or other access models for the Service. The features, limits, pricing, billing intervals, trial terms, renewal terms, and any usage allowances applicable to your account will be presented to you at the time of sign-up, upgrade, purchase, or renewal, and may also be reflected in your account or billing portal.

Unless otherwise stated at the time of purchase, paid subscriptions renew automatically for successive billing periods until canceled. You authorize us and our payment processor to charge the payment method associated with your account for applicable subscription fees, usage-based charges, taxes, and any other amounts you agree to pay in connection with the Service.

Usage limits, rate limits, feature access restrictions, and platform connection limits may apply depending on your plan or access model. If you exceed applicable limits, we may throttle access, restrict certain features, require an upgrade, charge applicable overage fees where disclosed, or suspend certain functionality until the next billing period or until the issue is resolved.

We may change pricing, plan structure, features, usage allowances, trial terms, or billing terms from time to time. Any such changes will apply prospectively and, where required by applicable law, only after prior notice to you. If you are on a recurring subscription, any pricing change will take effect no earlier than the start of your next renewal term following the notice period, unless otherwise required by law or expressly communicated to you.

Promotional, introductory, grandfathered, or legacy pricing may be offered in our discretion and may be subject to specific eligibility rules, time limits, renewal conditions, or cancellation conditions disclosed at the time of offer. Unless expressly stated otherwise, if you cancel a subscription and later reactivate or resubscribe, you may be charged the then-current price.

Subscription fees and other charges are non-refundable except as required by applicable law or as expressly stated by us in writing.

You are responsible for providing and maintaining accurate billing and payment information. We may suspend or limit access to paid features if payment cannot be completed, your payment method is declined, or your account becomes past due.

If you believe a billing error has occurred, you must notify us within a reasonable time after the charge appears so that we can investigate.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Use the Service to bulk-scrape or export subscriber or customer data from third-party platforms in violation of those platforms' terms of service
• Use write tools to send spam, violate anti-spam laws, or otherwise abuse email or messaging platforms
• Share API keys or allow unauthorized access to connected accounts
• Use API keys in automated systems that exceed rate limits or abuse the Service
• Attempt to reverse engineer, extract, or reproduce proprietary systems except to the extent such restrictions are prohibited by law
• Interfere with or disrupt the Service, its infrastructure, or other users' access
• Use Service outputs to train or improve competing machine learning or AI systems except where such restriction is prohibited by law
• Systematically extract, harvest, or capture structured outputs in a manner that circumvents service limits or product design
• Attempt to derive internal methodologies or proprietary system logic through abuse, scraping, or unauthorized testing

We reserve the right to suspend or terminate access for violations of these Terms.

8. Platform Dependencies

The Service depends on third-party systems that are outside our control:

• Connected platforms: If your connected platforms change their APIs, revoke access, experience downtime, or modify their terms of service, Kestal functionality may be affected.
• MCP protocol and AI assistants: The Service depends on the MCP protocol and the ability of supported AI assistants to connect to external MCP servers. Changes by any AI assistant provider or protocol maintainer could affect functionality.
• Infrastructure providers: The Service depends on infrastructure providers. Outages or changes at any of these providers may affect availability.

We do not guarantee uptime parity with any third-party platform. We do not take responsibility for the accuracy, completeness, or availability of data retrieved from your connected platforms or for the outputs of any AI assistant you choose to use.

9. Intellectual Property

All Kestal software, systems, server architecture, API designs, documentation, and related intellectual property are the exclusive property of SaaSCrest Labs Inc. or its licensors.

Kestal and any related product names and branding used by SaaSCrest Labs Inc. are protected. Except as otherwise stated, all rights in those names and related branding are reserved.

You retain all rights to your own data, including data stored on your connected email marketing platforms. We claim no ownership over data that passes through our servers solely for processing on your behalf.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for its intended purpose, subject to these Terms.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available."

To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

We do not warrant that:

• Data retrieved from connected platforms will be accurate, complete, or current
• The Service will be compatible with future versions of Claude, the MCP protocol, or connected email marketing platforms
• Write actions performed through the Service will produce the intended results on connected platforms
• AI-generated outputs, interpretations, or recommendations will be accurate, lawful, or appropriate for your business or regulatory obligations

Nothing in these Terms excludes warranties that cannot be excluded under applicable law.

11. Limitation of Liability

To the maximum extent permitted by law:

SaaSCrest Labs Inc. is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes, without limitation, damages for loss of profits, loss of business, loss of revenue, loss of data, business interruption, loss of goodwill, email campaign failures, subscriber data errors, platform account suspensions, anti-spam violations, reliance on AI-generated analysis of retrieved data, third-party API failures, or service outages.

Our total aggregate liability for any claim arising out of or relating to the Service is limited to the greater of:

• The amount you paid to SaaSCrest for the Service in the 12 months immediately preceding the event giving rise to the claim, or
• $100 CAD

Nothing in these Terms limits or excludes liability to the extent such limitation or exclusion is prohibited by law, including liability for our fraud, willful misconduct, or gross negligence where such liability cannot lawfully be limited or excluded.

This limitation applies regardless of the legal theory asserted (contract, tort, negligence, strict liability, or otherwise) and even if SaaSCrest has been advised of the possibility of such damages.

11A. Indemnification

You agree to indemnify, defend, and hold harmless SaaSCrest Labs Inc., its directors, officers, employees, contractors, and affiliates from and against third-party claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your misuse of the Service
• Your use of write tools to create, modify, or manage data on connected platforms
• Your violation of anti-spam, privacy, or marketing laws
• Your violation of email marketing platform terms of service
• Your violation of these Terms
• Your violation of applicable law
• Your lack of rights, authority, consent, or lawful basis to disclose or process third-party personal information through the Service

This indemnity does not apply to the extent a claim arises from SaaSCrest's own fraud, willful misconduct, or gross negligence.

To the extent prohibited by applicable consumer protection law, this section will be interpreted and enforced only to the maximum extent permitted.

11B. Force Majeure

SaaSCrest Labs Inc. shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of war, civil unrest, government action, regulatory changes, cloud provider outages, AI provider outages, third-party API outages, internet disruptions, labor disputes, or infrastructure failures.

11C. Export Controls and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to applicable sanctions that prohibit your use of the Service, and that you are not listed on any government prohibited or restricted party list.

You agree not to use, export, re-export, or transfer the Service in violation of applicable export control or sanctions laws.

12. Termination

We may suspend or terminate your account or access to the Service if you misuse the Service, violate these Terms, create legal or security risk, or fail to pay applicable fees.

You may delete your account at any time through your account settings. Upon deletion:

• Your active subscription will be canceled
• All platform connections will be severed and stored tokens removed from active application storage
• All API keys will be deleted
• Account data will be deleted or retained only as described in the Kestal Privacy Policy

Termination does not relieve you of obligations incurred before termination.

13. Class and Representative Proceedings

To the extent permitted by law, you agree to bring claims relating to the Service only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.

If applicable law does not permit all or part of this section to be enforced, then that portion will not apply, but the remainder of these Terms will continue in effect.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

Subject to any rights you may have under mandatory applicable law, you agree that disputes arising out of or relating to these Terms or the Service shall be brought exclusively in the courts or tribunals of British Columbia, including the Civil Resolution Tribunal where applicable.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where appropriate.

15. Changes to Terms

We may update these Terms from time to time.

If we make a material change, we may provide notice by posting the updated Terms, updating the effective date, emailing the address associated with your account, or providing notice within the Service.

Unless a different effective date is stated, material changes will take effect prospectively no earlier than 15 days after notice. Non-material changes may take effect upon posting.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of those revised Terms. If you do not agree to the revised Terms, you must stop using the Service before the revised Terms take effect.

15A. Survival

The provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, payment obligations, export controls, and any other provisions that by their nature should survive, shall survive termination or discontinuation of the Service.

16. Severability

If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Any unlawful, invalid, or unenforceable provision shall be deemed modified only to the extent necessary to make it enforceable, consistent with applicable law and the original intent of the parties.

17. Contact

legal@saascrest.com SaaSCrest Labs Inc. Nanaimo, British Columbia, Canada