App Terms of Service
Table of Contents
- Agreement to Terms
- Important Disclaimers
- Eligibility
- Account & Security
- Subscriptions
- License & Restrictions
- Acceptable Use
- Location Services
- Push Notifications
- Third-Party Services
- Disclaimer
- Limitation of Liability
- Indemnification
- Modifications
- Termination
- Dispute Resolution
- General Provisions
- App Store Terms
- Contact
- Acknowledgment
These Mobile App Terms of Service constitute a legally binding agreement between you and Icarus Inc. governing your use of the Hail Sentinel mobile application.
Please read these terms carefully before using the app. By downloading, installing, accessing, or using the app, you acknowledge that you have read, understood, and agree to be bound by these terms. These Terms include a binding arbitration provision and class action waiver in Section 16, which affects your rights regarding dispute resolution.
1. Agreement to Terms
These Mobile App Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Icarus Inc., the developer and operator of Hail Sentinel, ("Company," "we," "us," or "our") governing your use of the Hail Sentinel mobile application ("App").
Important: Please read these terms carefully before using the app. By downloading, installing, accessing, or using the app, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, do not use the app and uninstall it immediately.
These Terms include a binding arbitration provision and class action waiver in Section 16, which affects your rights regarding dispute resolution. Please read that section carefully.
2. Important Disclaimers Regarding Weather Information
2.1 Informational Purposes Only
The Hail Sentinel App provides weather forecasts, hail predictions, and storm alerts for informational purposes only. All weather information, predictions, forecasts, and alerts are provided "as is" without any warranty of accuracy, completeness, reliability, or timeliness.
2.2 No Guarantee of Accuracy
Weather is inherently unpredictable. We do not and cannot guarantee the accuracy of any forecast, prediction, or alert. Actual weather conditions may differ significantly from our predictions. Hail may occur without warning, and predicted hail events may not materialize.
2.3 Not Insurance
The Hail Sentinel App is not an insurance product and does not replace, supplement, or constitute insurance of any kind. You are solely responsible for maintaining appropriate insurance coverage for your property, vehicles, and belongings. Icarus Inc. is not an insurance company and does not provide any insurance services or coverage.
2.4 Assumption of Risk
By using this App, you expressly acknowledge and assume all risks associated with relying on weather forecasts and predictions, including but not limited to:
- Risk of property damage from hail or severe weather
- Risk of personal injury from severe weather events
- Risk of financial loss from decisions made based on our forecasts
- Risk associated with failure to receive timely alerts due to technical issues, network problems, or other factors beyond our control
2.5 User Responsibility
You are solely responsible for:
- Making your own decisions regarding weather preparedness
- Protecting your property, vehicles, and personal safety
- Consulting official sources (National Weather Service, local authorities) for emergency information
- Maintaining appropriate insurance coverage
- Taking independent precautions regardless of our forecasts
2.6 No Duty to Warn
Icarus Inc. has no duty to warn you of any weather event or condition. While we endeavor to provide useful information, we are under no obligation to issue alerts, warnings, or notifications for any specific weather event, and our failure to do so shall not give rise to any liability.
3. Eligibility
To use the App, you must:
- Be at least 13 years of age (or 16 in the European Economic Area)
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using the App under applicable law
- Provide accurate and complete registration information
If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
4. Account Registration and Security
4.1 Account Creation
To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and keep your account information updated.
4.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
We are not liable for any loss arising from unauthorized use of your account.
4.3 Account Termination
You may delete your account at any time through the App settings. We reserve the right to suspend or terminate your account for violation of these Terms or for any other reason at our sole discretion.
5. Subscriptions and Payments
5.1 Subscription Plans
The App offers various subscription plans with different features and pricing. Current subscription options and pricing are displayed in the App.
5.2 In-App Purchases
All subscriptions are processed as in-app purchases through Apple App Store (iOS) or Google Play Store (Android). By subscribing, you also agree to the applicable app store's terms of service and payment terms.
5.3 Billing and Renewal
- Subscriptions automatically renew unless cancelled before the renewal date
- You will be charged through your app store account
- Prices may change with notice; continued use after price changes constitutes acceptance
5.4 Cancellation
To cancel your subscription:
- iOS: Manage subscriptions through your Apple ID settings
- Android: Manage subscriptions through Google Play Store settings
Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period.
5.5 Refunds
Refund requests must be directed to Apple or Google, as applicable, in accordance with their refund policies. Icarus Inc. does not directly process refunds for in-app purchases.
5.6 Free Trials
If we offer a free trial, you must cancel before the trial ends to avoid being charged. Trial terms will be disclosed at the time of sign-up.
6. License and Restrictions
6.1 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device for your personal, non-commercial use.
6.2 Restrictions
You may not:
- Copy, modify, distribute, sell, or lease any part of the App
- Reverse engineer, decompile, or disassemble the App
- Remove or alter any proprietary notices or labels
- Use the App to develop competing products or services
- Use automated means to access the App (bots, scrapers, etc.)
- Circumvent any security measures or access restrictions
- Use the App for any illegal or unauthorized purpose
- Redistribute weather data or forecasts from the App
- Share your account credentials with others
- Use the App in any manner that could damage or impair its operation
6.3 Intellectual Property
The App, including all content, features, and functionality (including but not limited to weather data presentations, forecasting algorithms, user interface design, graphics, logos, and software), is owned by Icarus Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.
7. Acceptable Use
You agree not to use the App to:
- Violate any applicable law or regulation
- Infringe upon the rights of others
- Transmit harmful code, viruses, or malware
- Interfere with or disrupt the App or servers
- Attempt to gain unauthorized access to any systems
- Harass, abuse, or harm others
- Spread false or misleading information
- Engage in any activity that could damage our reputation
8. Location Services
8.1 Location Permissions
The App requires access to your device's location to provide weather forecasts and alerts. You may grant or revoke location permissions at any time through your device settings.
8.2 Background Location ("Follow Me" Mode)
The "Follow Me" feature collects your location in the background to provide real-time alerts as you travel. This feature:
- Requires your explicit permission
- Can be disabled at any time
- May impact battery life
- Is subject to our Privacy Policy
8.3 Location Accuracy
Location accuracy depends on your device, network conditions, and other factors. We are not responsible for inaccurate alerts resulting from location errors.
9. Push Notifications
By enabling push notifications, you consent to receive weather alerts, storm warnings, and service communications. You can manage notification preferences in the App settings or your device settings.
Important: We cannot guarantee delivery or timing of push notifications. You should not rely solely on our notifications for weather warnings. Always monitor official sources during severe weather situations.
10. Third-Party Services and Content
The App may integrate with or link to third-party services. We are not responsible for third-party content, services, or practices. Your use of third-party services is at your own risk and subject to their terms and policies.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law:
The App and all content, features, and services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.
Icarus Inc. expressly disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, completeness, or timeliness of any weather data, forecasts, predictions, or alerts
- Warranties that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components
- Warranties that any defects will be corrected
- Warranties regarding the results of using the App
You use the App at your own risk. No advice or information obtained through the App shall create any warranty not expressly stated in these Terms.
12. Limitation of Liability
To the maximum extent permitted by applicable law:
12.1 Exclusion of Damages
In no event shall Icarus Inc., its officers, directors, employees, agents, affiliates, licensors, or service providers be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, use, goodwill, or other intangible losses
- Property damage of any kind, including damage from hail or severe weather
- Personal injury or death
- Damages arising from reliance on weather forecasts, predictions, or alerts
- Damages arising from failure to receive or delays in receiving alerts
- Damages arising from inaccurate or incomplete weather information
- Damages arising from unauthorized access to your account or data
This applies whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
12.2 Liability Cap
To the extent liability cannot be excluded, our total liability for all claims arising from or related to the App shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) fifty dollars ($50 USD).
12.3 Essential Basis
The limitations and exclusions in this Section 12 reflect a reasonable allocation of risk and are an essential basis of the bargain between you and Icarus Inc. The App would not be provided without these limitations.
12.4 Jurisdictional Limitations
Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Icarus Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the App
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights
- Any content you submit or transmit through the App
- Your negligence or willful misconduct
We reserve the right to assume exclusive defense of any claim subject to indemnification, at your expense.
14. Modifications to Service and Terms
14.1 App Changes
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the App.
14.2 Terms Changes
We may modify these Terms at any time. Material changes will be communicated through the App or via email. Your continued use of the App after changes become effective constitutes acceptance of the modified Terms.
14.3 Pricing Changes
We may change subscription pricing at any time. Price changes take effect at the start of your next subscription period following notice of the change.
15. Termination
15.1 Termination by You
You may terminate your account and stop using the App at any time. To delete your account, use the account deletion feature in the App settings or contact us.
15.2 Termination by Us
We may suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.
15.3 Effect of Termination
Upon termination:
- Your license to use the App immediately terminates
- You must cease all use of the App
- We may delete your account and data (subject to our retention policies)
- Provisions that should survive termination will survive (including Sections 2, 11, 12, 13, 16, and 17)
15.4 No Refunds Upon Termination
If we terminate your account for violation of these Terms, you are not entitled to any refund of subscription fees.
16. Dispute Resolution and Arbitration
16.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at legal@hailsentinel.com and attempt to resolve the dispute informally for at least 30 days.
16.2 Binding Arbitration
Please Read Carefully: This section affects your legal rights, including your right to file a lawsuit in court.
Any dispute, claim, or controversy arising from or relating to these Terms, the App, or your relationship with Icarus Inc. (collectively, "Disputes") that cannot be resolved informally shall be resolved exclusively through binding arbitration, except as provided below.
Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or by another mutually agreed arbitration provider. The arbitration shall be conducted in the State of Washington, USA, or another mutually agreed location.
16.3 Class Action Waiver
You and Icarus Inc. agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
16.4 Exceptions
Notwithstanding the above:
- Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access
- You may bring claims in small claims court if they qualify
- This arbitration agreement does not preclude you from bringing issues to the attention of government agencies
16.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@hailsentinel.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
16.6 Severability of Arbitration Provisions
If the class action waiver is found unenforceable, the entire arbitration agreement shall be void. If any other part of this Section 16 is found unenforceable, that part shall be severed and the remainder shall remain in effect.
17. General Provisions
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, USA, without regard to its conflict of law principles.
17.2 Venue
For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Washington, USA.
17.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Icarus Inc. regarding the App and supersede all prior agreements.
17.4 Severability
If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17.5 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.6 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
17.7 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, or strikes.
17.8 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that Apple and Google are third-party beneficiaries with respect to their respective app stores.
17.9 Notices
We may provide notices through the App, email, or other reasonable means. Notices to us must be sent to legal@hailsentinel.com.
17.10 Headings
Section headings are for convenience only and have no legal effect.
18. Apple App Store and Google Play Store Terms
If you downloaded the App from Apple App Store or Google Play Store:
18.1 Apple-Specific Terms
- These Terms are between you and Icarus Inc., not Apple Inc.
- Apple has no obligation to provide maintenance or support
- Apple is not responsible for any product warranties or claims
- Apple is not responsible for addressing any claims related to the App
- Apple is a third-party beneficiary of these Terms
- You must comply with any applicable third-party terms when using the App
18.2 Google-Specific Terms
- These Terms are between you and Icarus Inc., not Google LLC
- Google has no obligation to provide maintenance or support
- Google is not responsible for the App or its content
- You must comply with Google Play Terms of Service
19. Contact Information
For questions about these Terms, please contact us:
Icarus Inc.
Address: 170 S Lincoln St, STE 150, Washington, United States
Legal: legal@hailsentinel.com
Support: support@hailsentinel.com
Privacy: privacy@hailsentinel.com
20. Acknowledgment
By using the Hail Sentinel App, you acknowledge that: You have read and understood these Terms. You agree to be bound by these Terms. You understand that weather predictions are not guaranteed. You assume all risks associated with relying on weather information. The App is not insurance and does not replace insurance. You waive your right to participate in class actions (unless you opt out).