Legal

Terms of Service

These terms are the agreement between Stormkestrel Limited (“Stormkestrel”, “we”, “us”) and you for the use of our crisis-exercising platform, Nest (the “Platform”), available at nest.stormkestrel.com, and our website at stormkestrel.com. By creating an account or using the Platform, you accept them.

Nest is a tool for organisations. If you are using it on behalf of an organisation, you confirm that you have the authority to accept these terms for that organisation, and “you” means that organisation.

1. Who we are

Stormkestrel Limited is a company registered in England & Wales (company number 13440339), with its registered office at St Mary’s House, Netherhampton Road, Salisbury, Wiltshire SP2 8PU, United Kingdom. For anything relating to these terms, contact us at enquiries@stormkestrel.com.

2. Your account

You are responsible for your account: for keeping sign-in credentials confidential, for the accuracy of the information you give us, and for what is done in the Platform by the people you add to your account or invite into your exercises. Tell us promptly if you believe your account has been accessed without authorisation.

Participants you invite into an exercise do not need accounts of their own. They take part under your instructions, and are your responsibility. It is up to you to make sure they understand they are taking part in an exercise.

3. Free use

We may offer parts of the Platform free of charge — for example, letting you build exercises and run a first or small-scale exercise before you subscribe. Free use is provided so you can evaluate Nest; we may change what is included in free use at any time, and it carries no commitment of continued availability.

4. Subscriptions and payment

• Scope. A subscription is licensed to one organisation. What each plan includes, and its price, is as published on our website or agreed with us in writing at the time you subscribe. People from other organisations may take part in your exercises as participants; the subscription itself may not be shared between organisations.
• Billing. Fees are payable in advance for each subscription period. Payment may be taken by us directly or through a payment partner acting as merchant of record, as set out when you subscribe.
• Renewal and cancellation. Subscriptions renew automatically at the end of each period unless cancelled before the renewal date. You keep access until the end of the period you have paid for, except where the law requires otherwise. Fees already paid are not refunded.
• Price changes. We may change prices, but a change will only take effect for you from your next renewal, and we will tell you before that renewal so you can cancel if you wish.
• Non-payment. If fees are not paid when due, we may suspend access until they are.

5. Fair use

Where a plan describes something as unlimited — such as the number of exercises you can build or the number of times you can run them — we mean it: there are no per-exercise or per-run charges, and you should never need to ration practice. Unlimited use is subject to fair use: technical ceilings set well above any normal pattern of exercising, which exist only to protect the service from automated, abusive or plainly non-genuine use. If your use ever approaches them, we will contact you and work it out with you rather than simply cutting you off.

6. Acceptable use

You agree not to:

• use the Platform for anything unlawful, or put unlawful content into it;
• present exercise content as a real emergency to people who have not been invited into an exercise — Nest simulates crises for training, and everything it delivers must stay within that context;
• attempt to probe, breach or disrupt the security or operation of the Platform, or access another customer’s data;
• resell, rent or share Platform access with people outside your organisation — though you may run exercises for clients, share exercises using the Platform’s own sharing features, and anyone may take part as a participant;
• copy, reverse-engineer or build a competing product from the Platform.

We may suspend access where we reasonably believe use of the Platform breaches these terms or puts the service or others at risk. Where it is reasonable to do so, we will contact you first.

7. Your content

The exercises you build and the content generated when you run them belong to you. You grant us the licence we need to host, process, transmit and display that content in order to provide the Platform.

We also produce anonymised, aggregated statistics from use of the Platform, which we use to improve it and to develop new features. These statistics identify no organisation, individual or exercise, and cannot be traced back to one. They are produced and held in the EU.

Beyond that, we use your content only to provide the Platform to you. We do not use it to train machine-learning models for anyone else’s benefit, and we do not sell it or share it with advertisers or data brokers.

You are responsible for the content you put into the Platform: for having the right to use it, and for making sure it is appropriate for the people you invite into your exercises. If you share an exercise you have built with another organisation, you confirm you have the right to do so.

8. Automated and AI-assisted features

Parts of the Platform use automated and AI-assisted tools. Where these involve a third-party provider, that provider acts as our sub-processor, processes your content only on our instructions, and does not use it to train its own models. Output from these tools is a starting point for your judgement, not a substitute for it, and you remain responsible for what you use.

9. Our platform

The Platform itself — its software, design and everything in it that we created — belongs to us and our licensors. Your subscription gives you the right to use it, not ownership of it. If you give us feedback or suggestions, we may use them freely to improve Nest. Anonymised aggregated statistics, and anything we derive from them, belong to us.

10. Data protection

How we handle personal data is set out in our Privacy Policy. For the personal data your organisation puts into the Platform to run its exercises, you are the controller and we act as your processor; a data processing agreement is available on request and forms part of these terms for that data.

11. Availability and support

We work to keep the Platform available and reliable, but no online service can promise uninterrupted operation, and we may occasionally need to interrupt it for maintenance — where practical, with notice and outside typical exercising hours. Support is provided in English, by email at enquiries@stormkestrel.com, and we respond as promptly as we can.

12. Nest is an exercising tool

Nest exists to help your people practise for a crisis. It is not an emergency-alerting or incident-management system, and it plays no part in responding to real events. Your organisation remains responsible for its own emergency arrangements, for the decisions it takes — in exercises and in real life — and for how it acts on anything learned through the Platform.

13. Liability

Nothing in these terms excludes or limits liability that cannot be excluded by law — including liability for death or personal injury caused by negligence, or for fraud.

Subject to that:

• we are not liable for indirect or consequential loss, loss of profits, revenue, anticipated savings or goodwill, or loss or corruption of data (beyond our obligations under data-protection law);
• our total liability to you arising out of, or in connection with, the Platform in any 12-month period is limited to the fees you paid us for the Platform in that period.

14. Ending the agreement

You can stop using the Platform and cancel your subscription at any time. We may end the agreement if you materially breach these terms and, where the breach can be put right, do not put it right within a reasonable time of us asking.

When the agreement ends, your access ends with it. We will give you a reasonable opportunity to export your content, after which it is deleted in line with our Privacy Policy. Sections of these terms that by their nature should survive — such as those covering liability and your content — survive. Anonymised aggregated statistics and anything derived from them are not your content, and are unaffected by the end of this agreement.

15. Changes

Nest improves continually, and we may change or add to what the Platform does. We will not materially reduce what your paid plan includes during a period you have already paid for. We may also update these terms; if a change is material we will tell account holders before it takes effect, and your continued use after that is acceptance of the updated terms.

16. General

These terms, together with the documents they refer to, are the entire agreement between us about the Platform. If any part of them turns out to be unenforceable, the rest still stands, and a delay in enforcing them is not a waiver. Neither of us is liable for failure caused by events reasonably outside our control. You may not transfer this agreement without our consent; we may transfer it as part of a reorganisation or sale of our business, on the same terms.

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction — though if you are in another part of the UK, you may rely on the courts there.