Business Console Terms of Service
Table of Contents
These Business Console Terms of Service constitute a legally binding agreement between your organization and Icarus Inc. governing your use of the Hail Sentinel Business Console platform.
Please read these terms carefully. By creating an account, accessing, or using the Business Console, you acknowledge that you have authority to bind your organization to these terms and agree to be bound by them. Customers with separate Master Service Agreements should refer to those agreements, which take precedence over these terms where conflicts exist.
1. Agreement to Terms
These Business Console Terms of Service ("Terms") constitute a legally binding agreement between the organization you represent ("Customer," "you," or "your") and Icarus Inc., the developer and operator of Hail Sentinel, ("Company," "we," "us," or "our") governing access to and use of the Hail Sentinel Business Console ("Console" or "Platform").
Authority to Bind: By accepting these Terms, you represent that you have the authority to bind your organization. If you lack such authority, do not accept these Terms or use the Console.
These Terms incorporate by reference our Business Console Privacy Policy and any additional terms for specific features or services.
2. Definitions
- "Authorized Users" means individuals authorized by Customer to access the Console under Customer's subscription.
- "Customer Data" means all data, content, and information uploaded, transmitted, or entered by Customer or Authorized Users.
- "Documentation" means the technical documentation, API references, and user guides provided by Icarus.
- "Subscription Term" means the period during which Customer has paid access to the Console.
- "Service Data" means weather data, forecasts, alerts, and analytics provided through the Console.
- "API" means the application programming interfaces provided for programmatic access to the Platform.
3. Important Disclaimers Regarding Weather Information
3.1 Informational Purposes Only
The Hail Sentinel Business Console provides weather forecasts, hail predictions, and storm intelligence for informational and planning purposes only. All weather information is provided "as is" without any warranty of accuracy, completeness, reliability, or timeliness.
3.2 No Guarantee of Accuracy
Weather is inherently unpredictable. We do not guarantee the accuracy of any forecast, prediction, or alert. Actual conditions may differ significantly from predictions. Hail events may occur without warning, and predicted events may not materialize.
3.3 Not Insurance
The Business Console is not an insurance product. It does not replace, supplement, or constitute insurance coverage. Customer is solely responsible for maintaining appropriate insurance for properties, assets, and operations.
3.4 Business Decision Disclaimer
Any business decisions made based on Service Data are made at Customer's sole discretion and risk. Icarus is not liable for business outcomes, operational decisions, or financial impacts resulting from use of the Platform.
3.5 No Duty to Warn
Icarus has no duty to warn Customer of any weather event. While we endeavor to provide useful intelligence, we are under no obligation to issue alerts for any specific event, and failure to do so shall not give rise to liability.
4. Account Registration and Access
4.1 Account Creation
To access the Console, Customer must create an organizational account and designate at least one administrator. Customer agrees to provide accurate, current, and complete registration information.
4.2 Authorized Users
Customer may provision access to Authorized Users up to the limits of their subscription. Customer is responsible for:
- Ensuring Authorized Users comply with these Terms
- Managing user access and permissions appropriately
- Promptly removing access for departed personnel
- All activities conducted under Customer's account
4.3 Account Security
Customer is responsible for:
- Maintaining confidentiality of account credentials
- Implementing appropriate access controls
- Promptly notifying us of any unauthorized access
- Enabling multi-factor authentication (required for all business plans)
4.4 Single Sign-On (SSO)
Business customers may configure SSO/SAML integration with their identity provider. Customer is responsible for the security and configuration of their identity provider.
5. Subscriptions and Billing
5.1 Subscription Plans
The Console is offered under various subscription tiers with different features, user limits, API quotas, and pricing. Current plans and pricing are available upon request or in the Console.
5.2 Payment Terms
- Subscriptions are billed in advance (monthly or annually)
- Payment is due within 30 days of invoice (Net 30)
- Customers may have custom payment terms in their agreements
- Late payments may incur interest at 1.5% per month
5.3 Renewal
Subscriptions automatically renew for successive terms unless:
- Customer provides written notice of non-renewal at least 30 days before the renewal date
- Customer agreements specify different notice periods
5.4 Price Changes
We may change pricing for future subscription terms with at least 60 days notice. Price changes take effect at the next renewal unless Customer provides notice of non-renewal.
5.5 Refunds
Fees are non-refundable except as required by law or as specified in customer agreements. Partial-month refunds are not provided for mid-term cancellation.
5.6 Taxes
Fees are exclusive of taxes. Customer is responsible for all applicable taxes, duties, and levies, except for taxes based on Icarus's net income.
6. License and Restrictions
6.1 License Grant
Subject to these Terms and payment of applicable fees, Icarus grants Customer a limited, non-exclusive, non-transferable license to access and use the Console during the Subscription Term for Customer's internal business purposes.
6.2 Restrictions
Customer shall not, and shall not permit any third party to:
- Copy, modify, create derivative works of, or distribute the Console or Documentation
- Reverse engineer, decompile, or disassemble the Console
- Sublicense, resell, or redistribute access to the Console
- Use the Console to provide services to third parties (except as permitted by API terms)
- Remove or alter any proprietary notices or marks
- Circumvent usage limits, security measures, or access restrictions
- Use automated means (bots, scrapers) except through authorized APIs
- Benchmark or competitive analysis without written consent
6.3 Intellectual Property
Icarus retains all rights, title, and interest in the Console, Documentation, Service Data, and all related intellectual property. Customer retains all rights to Customer Data.
6.4 Feedback
If Customer provides suggestions, ideas, or feedback, Icarus may use such feedback without restriction or compensation.
7. API Terms
7.1 API Access
Subject to subscription tier, Customer may access the Console programmatically through provided APIs. API access requires API keys, which must be kept confidential.
7.2 Rate Limits
API usage is subject to rate limits based on subscription tier. Exceeding rate limits may result in throttling or temporary suspension. Custom rate limits may be negotiated for qualifying plans.
7.3 Permitted Uses
Customer may use API data for:
- Internal business operations and decision-making
- Integration with Customer's internal systems
- Display within Customer's products (with attribution) where permitted by plan
7.4 Prohibited Uses
Customer shall not:
- Resell or redistribute raw API data to third parties
- Use API data to train machine learning models for commercial distribution
- Cache API data beyond permitted periods
- Misrepresent the source of data or create false attribution
7.5 API Changes
We may modify APIs with notice. We will provide at least 90 days notice for breaking changes. Deprecated API versions will be supported for at least 12 months after deprecation notice.
8. Data Terms
8.1 Customer Data
Customer retains all rights to Customer Data. Customer grants Icarus a license to use Customer Data solely to provide and improve the Console.
8.2 Data Processing
Our processing of personal data is governed by our Privacy Policy. Business customers requiring Data Processing Agreements (DPAs) should contact their account manager.
8.3 Data Security
We implement industry-standard security measures as described in our Privacy Policy. Customer is responsible for the security of data before transmission and after export.
8.4 Data Portability
Customer may export Customer Data at any time through Console features or by request. Upon termination, Customer has 30 days to export data before deletion.
8.5 Aggregated Data
Icarus may use anonymized, aggregated data derived from Customer's use of the Console for service improvement, research, and analytics.
9. Acceptable Use Policy
Customer agrees not to use the Console to:
- Violate any applicable law, regulation, or third-party rights
- Transmit harmful code, viruses, or malware
- Interfere with or disrupt Console operations or infrastructure
- Attempt unauthorized access to systems or data
- Engage in activities that could damage Icarus's reputation
- Use the Console for purposes competitive with Icarus's business
- Upload infringing, defamatory, or illegal content
We may suspend access for violations of this policy. We will provide notice before suspension except in emergencies.
10. Service Levels
10.1 Availability Target
We target 99.9% uptime for the Console (excluding scheduled maintenance). Business customers may have SLAs with specific uptime commitments and remedies.
10.2 Scheduled Maintenance
We will provide at least 48 hours notice for scheduled maintenance, typically scheduled during low-usage periods.
10.3 Support
Support availability varies by subscription tier:
- Standard: Email support, response within 2 business days
- Professional: Email and chat support, response within 1 business day
- Business Premium: Priority support with SLA-defined response times, dedicated account manager
10.4 Status Page
Current system status and incident information is available at our status page. Customers can subscribe to status updates.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law:
The Console and all Service Data are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.
Icarus 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 weather data
- Warranties that the Console will be uninterrupted, error-free, or secure
- Warranties that defects will be corrected or that the Console will meet Customer's requirements
12. Limitation of Liability
12.1 Exclusion of Damages
In no event shall Icarus be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, use, goodwill, or business opportunities
- Property damage from weather events
- Business interruption or operational losses
- Damages arising from reliance on weather predictions or alerts
- Damages arising from failure to receive timely alerts
This applies regardless of legal theory, even if advised of the possibility of such damages.
12.2 Liability Cap
Icarus's total aggregate liability for all claims shall not exceed the fees paid by Customer in the twelve (12) months preceding the claim.
12.3 Essential Basis
These limitations reflect a reasonable allocation of risk and are an essential basis of the agreement. The Console would not be provided without these limitations.
12.4 Exceptions
These limitations do not apply to: (a) breaches of confidentiality obligations, (b) indemnification obligations, (c) Customer's payment obligations, or (d) liability that cannot be limited by law.
13. Indemnification
13.1 By Icarus
Icarus will defend Customer against third-party claims that the Console infringes a valid patent or copyright, and will indemnify Customer for damages finally awarded (or settlements approved by Icarus). This obligation does not apply to claims arising from: (a) Customer's modifications, (b) combination with third-party products, (c) use in violation of these Terms, or (d) Customer Data.
13.2 By Customer
Customer will defend and indemnify Icarus against third-party claims arising from: (a) Customer Data, (b) Customer's use of the Console in violation of these Terms, (c) Customer's violation of applicable law, or (d) Customer's products or services that incorporate Service Data.
13.3 Procedure
The indemnified party must: (a) provide prompt written notice, (b) grant sole control of defense and settlement, and (c) provide reasonable cooperation. The indemnifying party may not settle without consent if the settlement imposes obligations on the indemnified party.
14. Termination
14.1 Termination for Convenience
Either party may terminate with 30 days written notice at the end of any Subscription Term (non-renewal). Early termination without cause does not entitle Customer to refund of prepaid fees.
14.2 Termination for Cause
Either party may terminate immediately if the other party:
- Materially breaches these Terms and fails to cure within 30 days of notice
- Becomes insolvent or files for bankruptcy
- Ceases operations or makes a general assignment for creditors
14.3 Suspension
Icarus may suspend access immediately for:
- Non-payment (after 15 days notice)
- Violations of acceptable use policy
- Security threats or potential harm to the Platform
- Legal requirements
14.4 Effect of Termination
Upon termination:
- All licenses and access rights terminate
- Customer must cease use of the Console and delete any cached Service Data
- Customer has 30 days to export Customer Data
- Outstanding fees become immediately due
- Provisions that should survive termination will survive
15. Dispute Resolution
15.1 Informal Resolution
Before initiating formal proceedings, the parties agree to attempt good-faith negotiation for at least 30 days.
15.2 Arbitration
Any dispute not resolved informally shall be resolved by binding arbitration under JAMS Commercial Arbitration Rules. The arbitration shall be conducted in the State of Washington, USA, by a single arbitrator with relevant expertise.
15.3 Class Action Waiver
Each party may bring claims only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15.4 Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.
15.5 Custom Agreement Exceptions
Customers with separate agreements may have different dispute resolution procedures as specified in those agreements.
16. General Provisions
16.1 Governing Law
These Terms are governed by the laws of the State of Washington, USA, without regard to conflict of law principles.
16.2 Entire Agreement
These Terms, together with referenced policies and any Order Form, constitute the entire agreement between the parties.
16.3 Severability
If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions remain in effect.
16.4 Waiver
Failure to enforce any right shall not constitute a waiver of that right.
16.5 Assignment
Customer may not assign these Terms without consent. Icarus may assign in connection with a merger or acquisition.
16.6 Notices
Notices to Icarus must be sent to legal@hailsentinel.com. Notices to Customer will be sent to the registered administrator email.
16.7 Force Majeure
Neither party is liable for delays caused by circumstances beyond reasonable control (natural disasters, war, terrorism, etc.).
16.8 Export Compliance
Customer agrees to comply with all applicable export control laws and regulations.
16.9 Government Use
The Console is commercial computer software. Government users receive only rights granted to other commercial customers.
16.10 Independent Contractors
The parties are independent contractors. Nothing creates a partnership, agency, or employment relationship.
17. Contact Information
For questions about these Terms:
Icarus Inc.
Address: 170 S Lincoln St, STE 150, Washington, United States
Legal: legal@hailsentinel.com
Business: business@hailsentinel.com
Support: support@hailsentinel.com