Terms of Service

1. Using Kestrano

Kestrano is a business-to-business sales platform.

Depending on your plan and the features available to you, Kestrano can help you:

• find and understand businesses;
• reveal business contact information;
• manage contacts and sales activity;
• communicate through supported channels;
• run campaigns and sequences;
• manage meetings and opportunities; and
• create invoices and record or collect payments.

You must use Kestrano for legitimate business purposes.

If you use Kestrano for an organisation, you confirm that you are authorised to do so.

Some features depend on third-party providers, connected accounts, your plan, country or channel and may not always be available.

2. Your account

You are responsible for:

• keeping your login details secure;
• giving workspace access only to authorised people;
• keeping your account information reasonably accurate; and
• activity carried out by authorised users of your workspace.

Tell us promptly if you believe your account has been compromised.

Your plan may limit users, credits, sending capacity or other features. Current limits and entitlements are shown in Kestrano.

3. Business records and reveal credits

Kestrano assembles business records from published, open and other permitted sources.

Business information changes, so we cannot guarantee that every business record will remain accurate forever.

Where possible, Kestrano keeps source and verification information so customers can understand what is known and what is uncertain.

Some information requires a reveal credit.

A reveal gives you access to the information Kestrano holds at that time. It does not guarantee that the business will respond, become a customer or remain reachable.

Reveal credits are Kestrano product units. They are not cash, stored value or an investment and cannot be redeemed for cash except where applicable law requires otherwise.

You may use revealed information for legitimate business-to-business activity.

You must not resell, republish or systematically extract Kestrano’s business-record database as a separate data product.

4. Messages and outreach

Kestrano provides tools for business communications, but you remain responsible for the communications your organisation chooses to send.

You must not deliberately bypass Kestrano’s permission, suppression, opt-out or safety controls.

You must not contact someone where the applicable law, consent requirement, suppression, opt-out or channel rule prohibits that particular message.

Different rules may apply to marketing messages and transactional messages.

If someone clearly opts out, you must respect that instruction.

A campaign, sequence or automation does not create permission that did not otherwise exist.

Kestrano may block, defer or refuse a message where its safeguards require it.

5. Your data and content

You retain your rights in information and content that your organisation puts into Kestrano.

You give Data Foundry Limited the rights reasonably necessary to host, process, transmit, secure and back up that information so we can provide Kestrano.

We do not gain ownership of your information merely because you use our service.

Our handling of personal information is explained in the Kestrano Privacy Notice.

6. Connected services and AI

You may connect Kestrano to services such as an email account, payment provider or other supported third-party service.

You must have authority to connect the account.

Third-party services have their own terms and can experience outages, change their APIs or discontinue features. Kestrano cannot control those independent services.

Kestrano may also provide AI-assisted features.

AI-generated or AI-assisted output is a draft, suggestion or interpretation. You remain responsible for content you choose to use.

AI features do not bypass Kestrano’s ordinary access, messaging, payment or safety rules.

7. Plans, subscriptions and payments

Kestrano offers monthly and annual paid subscriptions.

The price, billing period and features included in a subscription are shown before purchase.

Paid subscriptions automatically renew for another monthly or annual subscription period, as applicable, unless cancelled before the renewal date.

If you cancel a subscription, cancellation takes effect at the end of the subscription period you have already paid for.

You will continue to have access to the features of that paid plan until the current subscription period expires.

Cancelling does not create a refund, credit or prorated repayment for any unused part of the current subscription period.

Upgrades may take effect after payment is successfully confirmed. Downgrades may take effect at the end of the current paid subscription period.

Kestrano may also allow customers to buy additional reveal credits or add funds for metered communications.

A Kestrano wallet is a service balance for paying supported Kestrano usage. It is not a bank account, investment or general-purpose payment account and does not earn interest.

Payments and charges are non-refundable except where:

• we charged you incorrectly; or
• applicable law requires a refund or other remedy.

Nothing in these Terms removes rights that applicable law does not allow us to exclude.

8. GetPaid

Invoices you create through Kestrano are invoices from your business to your customer.

Kestrano is not a party to the underlying sale.

You are responsible for:

• what you sold;
• the amount charged;
• taxes applicable to your transaction;
• refunds relating to your sale; and
• the accuracy of your invoice.

Where an online payment provider is available, that provider processes the payment under its own applicable arrangements.

Kestrano does not guarantee that one of your customers will pay an invoice.

9. Acceptable use

You must not use Kestrano to:

• break the law;
• commit fraud or impersonate another person or business;
• send deceptive, threatening or harassing communications;
• distribute malware or malicious content;
• defeat opt-out or suppression controls;
• access another customer’s workspace without permission;
• interfere with Kestrano’s security or operation;
• systematically scrape or extract Kestrano’s data outside the functionality we provide; or
• use Kestrano to create or resell a competing copy of Kestrano’s business database.

We may restrict or suspend activity where reasonably necessary to protect customers, third parties, Kestrano or the service.

10. Kestrano’s service and intellectual property

Data Foundry Limited and its licensors own Kestrano, including its software, design, branding and shared business-data systems.

Your subscription gives you a limited right to use Kestrano for your organisation’s business activities. It does not transfer ownership of the platform to you.

We aim to keep Kestrano reliable, but no online service operates without interruption.

Maintenance, faults, internet failures, security incidents or third-party providers may occasionally affect availability.

We may improve, add, change or remove features as Kestrano develops.

11. Suspension and ending your account

You may stop using Kestrano at any time.

If you cancel a paid subscription, your subscription remains active until the end of the current paid monthly or annual subscription period and will not renew after that date.

Cancelling early does not entitle you to a refund, credit or prorated repayment for the unused portion of that subscription period.

Amounts already properly incurred remain payable.

We may suspend or terminate access where reasonably necessary because of:

• a serious breach of these Terms;
• fraud or unlawful activity;
• significant security or abuse risk;
• unpaid amounts properly due to Kestrano; or
• a legal requirement.

Where reasonably possible, we will explain the reason and give you an opportunity to fix a problem that can be fixed.

You may request deletion of applicable customer workspace information. Some transaction, accounting, security, audit and suppression records may need to be retained where required by law or reasonably necessary for those purposes.

12. No guarantee of sales results

Kestrano helps you perform sales work. It does not guarantee that:

• a prospect will reply;
• a lead will buy;
• a campaign will achieve a particular result;
• an invoice will be paid; or
• using Kestrano will generate a particular amount of revenue.

Scores, classifications, recommendations and AI-assisted outputs are decision-support tools, not guarantees.

13. Liability

We will provide Kestrano with reasonable care and skill.

To the extent permitted by law, neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable.

To the extent permitted by law, Data Foundry Limited’s total liability arising from Kestrano will not exceed the fees you paid to Data Foundry Limited for Kestrano during the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that applicable law does not allow us to limit, including liability for fraud.

14. Changes to these Terms

We may update these Terms as Kestrano or applicable law changes.

If a change materially affects existing customers, we will provide reasonable notice where appropriate.

The effective date above shows when this version took effect.

15. Governing law

These Terms are governed by the laws of the Federal Republic of Nigeria.

If a dispute arises, we encourage both sides to try to resolve it directly first.

If it cannot be resolved, the courts with appropriate jurisdiction in Lagos State, Nigeria will have jurisdiction, subject to any rights or jurisdiction that applicable law does not allow these Terms to exclude.

Contact

Data Foundry Limited
RC 9795135
Lagos, Nigeria

Questions about these Terms: legal@kestrano.com

General enquiries: hello@kestrano.com

Privacy: privacy@kestrano.com