Terms of Service

1. Agreement to Terms

These 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 access to and use of all Hail Sentinel services, including:

• The Hail Sentinel marketing website at hailsentinel.com (the "Website")
• The Hail Sentinel mobile application for iOS and Android (the "App")
• The Hail Sentinel Business Console web platform (the "Console")

Collectively, these are referred to as the "Services."

By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services. If you are using the Business Console on behalf of an organization, you represent that you have the authority to bind that organization. These Terms include a binding arbitration provision and class action waiver that affects your rights regarding dispute resolution.

Customers with separate Master Service Agreements should refer to those agreements, which take precedence over these Terms where conflicts exist.

2. Definitions

• "App" means the Hail Sentinel mobile application for iOS and Android.
• "Console" means the Hail Sentinel Business Console web platform.
• "Website" means the Hail Sentinel marketing website at hailsentinel.com and related pages.
• "Services" means the Website, App, and Console collectively.
• "Authorized Users" means individuals authorized by a business customer to access the Console under their subscription.
• "Customer Data" means all data, content, and information uploaded, transmitted, or entered by a business customer or its Authorized Users.
• "Service Data" means weather data, forecasts, alerts, and analytics provided through any of the Services.
• "Documentation" means the technical documentation, API references, and user guides provided by Icarus.
• "Subscription Term" means the period during which a customer has paid access to the App or Console.
• "API" means the application programming interfaces provided for programmatic access to the Console.

3. Important Disclaimers Regarding Weather Information

3.1 Informational Purposes Only

All Hail Sentinel Services provide 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.

3.2 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.

3.3 Not Insurance

3.4 Assumption of Risk

By using any of the Services, 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
• Risk of business disruption or operational losses

3.5 User Responsibility

You are solely responsible for making your own decisions regarding weather preparedness, protecting your property and personal safety, consulting official sources (National Weather Service, local authorities) for emergency information, maintaining appropriate insurance coverage, and taking independent precautions regardless of our forecasts.

3.6 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. Nothing in these Terms, and no use of the Services, creates any fiduciary, special, or protective relationship between you and Icarus, Inc.

3.7 No Government Affiliation; Not a Substitute for Official Warnings

Icarus, Inc. and Hail Sentinel are not affiliated with, endorsed by, or certified by the National Weather Service (NWS), the National Oceanic and Atmospheric Administration (NOAA), FEMA, or any other government agency. The Services are not part of, and do not replace, official emergency alerting systems such as NWS warnings or Wireless Emergency Alerts. Always follow official warnings and instructions from the National Weather Service and local authorities, regardless of anything the Services show or fail to show.

3.8 Not an Emergency Service

The Services are not an emergency notification service, are not a substitute for 911 or other emergency services, and are not designed or warranted for use as a life-safety system. We do not guarantee that the Services will be available, uninterrupted, or capable of delivering any alert at any particular time.

3.9 High-Risk Uses Prohibited

The Services are not designed, intended, or licensed for use in hazardous environments or activities requiring fail-safe performance — including, without limitation, aviation or marine navigation, air traffic control, emergency dispatch operations, or life-support systems — or any other use in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. You agree not to use the Services for any such purpose.

4. Eligibility

You must be at least 13 years of age, have the legal capacity to enter into a binding agreement, and not be prohibited from using the Services under applicable law. You represent that you are not subject to U.S. sanctions and are not listed on any U.S. government list of prohibited or restricted parties. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

The Services are designed for, and available only in, the contiguous United States. By using the Services, you represent that you are located in, and will use the Services within, the contiguous United States.

5. Account Registration and Security

5.1 Individual Accounts

To access certain features of the Website or App, you must create an account. You agree to provide accurate, current, and complete information, keep your account information updated, maintain the confidentiality of your login credentials, accept responsibility for all activities under your account, and notify us immediately of any unauthorized access. We are not liable for any loss arising from unauthorized use of your account. You may delete your account at any time through the App settings or by contacting us.

5.2 Business Accounts

To access the Console, your organization must create a business account and designate at least one administrator. Administrators are responsible for managing Authorized User access up to subscription limits. Your organization is responsible for ensuring all Authorized Users comply with these Terms, promptly removing access for departed personnel, and all activities conducted under its account. Where multi-factor authentication is available on your plan, we strongly recommend enabling it for all Authorized Users. Where SSO/SAML integration is offered on your plan, your organization is responsible for the security and configuration of its identity provider.

6. Subscriptions and Payments

6.1 Mobile App Subscriptions

The App offers various subscription plans with different features and pricing, displayed in the App. 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. Subscriptions automatically renew unless cancelled before the renewal date. Prices may change with notice; continued use after price changes constitutes acceptance.

To cancel: on iOS, manage subscriptions through your Apple ID settings; on Android, through Google Play Store settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided. Refund requests must be directed to Apple or Google in accordance with their refund policies.

6.2 Business Console Subscriptions

The Console is offered under various subscription tiers with different features, user limits, API quotas, and pricing. Subscriptions are billed in advance (monthly or annually) with payment due within 30 days of invoice (Net 30). Late payments may incur interest at 1.5% per month. Fees are exclusive of taxes; you are responsible for all applicable taxes except those based on Icarus's net income.

Subscriptions automatically renew unless you provide written notice of non-renewal at least 30 days before the renewal date. We may change pricing for future subscription terms with at least 60 days notice.

6.3 Free Trials and Refunds

If we offer a free trial, you must cancel before the trial ends to avoid being charged. Fees are non-refundable except as required by law or as specified in customer agreements.

7. License and Restrictions

7.1 Website License

We grant you a limited, non-exclusive, non-transferable license to access and view the Website for personal, non-commercial purposes.

7.2 Mobile App License

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.

7.3 Business Console License

Subject to these Terms and payment of applicable fees, Icarus grants you a limited, non-exclusive, non-transferable license to access and use the Console during the Subscription Term for your organization's internal business purposes.

7.4 General Restrictions

Except as expressly authorized under a separately executed Partner or redistribution agreement with Icarus, Inc., you may not: copy, modify, distribute, sell, or lease any part of the Services; reverse engineer, decompile, or disassemble the Services; use the Services to develop competing products; use automated means (bots, scrapers) except through authorized APIs; circumvent security measures, usage limits, or access restrictions; redistribute weather data or forecasts; sublicense, resell, or redistribute access; or benchmark without written consent.

7.5 Intellectual Property

The Services and their entire contents, features, and functionality are owned by Icarus, Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws. "Hail Sentinel," "Icarus," and associated logos are trademarks of Icarus, Inc. If you submit feedback, suggestions, or ideas, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use them without restriction or compensation.

7.6 Copyright Infringement

If you believe any content on the Services infringes your copyright, please contact us at legal@hailsentinel.com with identification of the copyrighted work, the infringing material, your contact information, a statement of good faith belief, a statement of accuracy under penalty of perjury, and your signature. We will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

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, and 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. Alert Delivery (Push Notifications, SMS, and Email)

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. 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.

If you opt in to SMS alerts, message and data rates may apply, and message frequency varies with weather activity. You can opt out of SMS alerts at any time by replying STOP or through the App settings; opting out means you will not receive alerts by SMS. Email alerts are subject to your email provider's filtering and delivery practices.

All alert delivery — push, SMS, and email — depends on third-party networks, carriers, platforms, and services outside our control (including Apple, Google, mobile carriers, and email providers). Alerts may be delayed, filtered, blocked, or not delivered due to device settings (such as Do Not Disturb or battery optimization), network conditions, carrier filtering, or third-party outages, and Icarus, Inc. is not liable for any failure or delay in alert delivery caused by such factors.

10. API Terms

Subject to subscription tier, you may access the Console programmatically through provided APIs. API access requires API keys, which must be kept confidential. Usage is subject to rate limits based on subscription tier; exceeding limits may result in throttling or temporary suspension.

You may use API data for internal business operations, integration with your internal systems, and display within your products (with attribution) where permitted by plan. Except as expressly authorized under a separately executed Partner or redistribution agreement with Icarus, Inc., you may not resell or redistribute raw API data, use it to train ML models for commercial distribution, cache data beyond permitted periods, or misrepresent the source.

We may modify APIs with notice. We will use commercially reasonable efforts to provide at least 90 days notice for breaking changes, and to support deprecated API versions for at least 6 months after deprecation notice. We may modify, suspend, or restrict any API immediately and without notice where reasonably necessary to address security incidents, legal or regulatory requirements, or third-party data-provider restrictions.

11. Service Levels

11.1 Uptime Commitment

We commit to 99.9% monthly uptime for the Console (excluding scheduled maintenance and the exclusions in Section 11.3) for customers on plans that include a contractual SLA, as identified on our pricing page or in your Order Form. We will provide at least 48 hours notice for scheduled maintenance. All other plans, free tiers, and trial accounts are provided on a reasonable-efforts basis only, with no uptime commitment or credit remedy.

11.2 Service Credits

If monthly uptime, as published on our status page, falls below 99.9% in a given calendar month, customers on plans that include a contractual SLA may request a service credit equal to 10% of that month's subscription fees for each full 0.5% of shortfall below 99.9%, up to a maximum of 50% of that month's fees. To request a credit, email legal@hailsentinel.com within 30 days of the end of the affected month with your account details and the claimed shortfall; we will verify against the status page and issue any credit as a deduction against a future invoice. Service credits are your sole and exclusive remedy for any failure to meet this uptime commitment.

11.3 Exclusions

The uptime commitment and service credits do not apply to unavailability caused by: scheduled maintenance windows (noticed per Section 11.1); force majeure events; failures of third-party services, upstream data providers, or telecommunications/carrier networks outside our control; your own equipment, software, or internet connectivity; or your breach of these Terms.

11.4 Support

Support channels and response targets vary by plan, as described on our pricing page or in your Order Form. Current system status is available at our status page.

12. Data Terms

You retain all rights to Customer Data. You grant Icarus a license to use Customer Data solely to provide and improve the Console. Our processing of personal data is governed by our Privacy Policy. Business customers requiring a custom data-processing addendum may contact legal@hailsentinel.com.

We implement commercially reasonable security measures. You are responsible for the security of data before transmission and after export. You may export Customer Data at any time; upon termination, you have 30 days to export before deletion. Icarus may use anonymized, aggregated data for service improvement and research.

13. Acceptable Use

You agree not to use the Services to: violate any applicable law or third-party rights; transmit harmful code or malware; interfere with or disrupt the Services; attempt unauthorized access; harass or harm others; spread false information; engage in activity that could damage our reputation; use the Services competitively; upload infringing or illegal content; collect personal information about others; or impersonate any person or entity. We may suspend access for violations.

14. User Content

If you submit any content to the Services (including feedback, suggestions, or reviews), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and distribute such content. You represent that you have the right to submit such content.

15. Third-Party Services and Content

The Services may integrate with or link to third-party websites and services. We are not responsible for their content, accuracy, privacy practices, or products. Your use of third-party services is at your own risk and subject to their terms.

16. Disclaimer of Warranties

17. Limitation of Liability

17.1 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall Icarus, Inc. be liable for any indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, use, or goodwill; property damage from hail or severe weather; personal injury; business interruption; damages arising from reliance on weather forecasts or from failure to receive alerts; or damages from unauthorized access to your data. This applies regardless of legal theory, even if we have been advised of the possibility of such damages.

17.2 Website Liability Cap

For claims arising from or related to the Website, our total liability shall not exceed fifty dollars ($50 USD).

17.3 Mobile App Liability Cap

For claims arising from or related to the App, our total liability 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).

17.4 Business Console Liability Cap

For claims arising from or related to the Console, Icarus's total aggregate liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

17.5 Essential Basis and Exceptions

These limitations reflect a reasonable allocation of risk and are an essential basis of the bargain. For business customers, these limitations do not apply to breaches of confidentiality, indemnification obligations, payment obligations, or liability that cannot be limited by law. Some jurisdictions do not allow certain limitations; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

17.6 Time Limit on Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred.

18. Indemnification

You agree to indemnify, defend, and hold harmless Icarus, Inc. from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms or any law, your violation of third-party rights, any content you submit, or your negligence or willful misconduct.

18.1 Icarus Indemnification

Icarus will defend business customers against third-party claims that the Console infringes a valid patent or copyright, and will indemnify for damages finally awarded. This does not apply to claims arising from your modifications, combination with third-party products, use in violation of these Terms, or Customer Data.

18.2 Procedure

The indemnified party must provide prompt written notice, grant sole control of defense and settlement, and provide reasonable cooperation.

19. Modifications and Termination

19.1 Changes

We reserve the right to modify, suspend, or discontinue any of the Services at any time. We may modify these Terms at any time; material changes will be communicated through the Services or via email. Your continued use constitutes acceptance. We may change subscription pricing: for App subscriptions, at the next billing period; for Console subscriptions, with at least 60 days notice.

19.2 Termination

You may terminate your account at any time. We may suspend or terminate your access immediately for any reason, including breach of these Terms.

19.3 Business Console Termination

Either party may terminate with 30 days written notice at the end of any Subscription Term. Either party may terminate immediately for material breach (with 30-day cure period), insolvency, or bankruptcy. Icarus may suspend access for non-payment (after 15 days notice), acceptable use violations, or security threats.

19.4 Effect of Termination

Upon termination, all licenses and access rights terminate immediately. We may delete your account and data subject to our retention policies. For business customers, you have 30 days to export Customer Data. Outstanding fees become immediately due. No refunds are provided for accounts terminated for violation of these Terms.

20. Dispute Resolution and Arbitration

20.1 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.

20.2 Binding Arbitration

This section affects your legal rights, including your right to file a lawsuit in court. Any dispute that cannot be resolved informally shall be resolved exclusively through binding arbitration conducted by JAMS under its Streamlined Arbitration Rules and, where applicable, its Consumer Arbitration Minimum Standards (or its Comprehensive/Commercial Arbitration Rules for business disputes). These Terms and this arbitration agreement are governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement, except that a court shall decide the enforceability of the class action waiver in Section 20.3 and any dispute regarding Section 20.5.

If you are an individual consumer, any in-person arbitration hearing will take place in the county where you reside or, at your election, by videoconference or on the documents alone; your responsibility for JAMS filing and administrative fees will not exceed the amounts permitted by the JAMS Consumer Arbitration Minimum Standards, and we will pay the remainder. Arbitration of business disputes will take place in Spokane County, Washington, unless the parties agree otherwise.

20.3 Class Action Waiver

20.4 Exceptions and Opt-Out

Either party may seek injunctive relief in court for intellectual property infringement. You may bring claims in small claims court if they qualify. You may opt out of arbitration by sending written notice to legal@hailsentinel.com within 30 days of first accepting these Terms. If the class action waiver is found unenforceable, the entire arbitration agreement shall be void. Business customers with separate agreements may have different dispute resolution procedures.

20.5 Mass Filings

If twenty-five (25) or more arbitration demands raising similar claims are filed against Icarus, Inc. by or with the assistance of the same or coordinated counsel or organizations, the parties agree that the demands shall be resolved in staged proceedings: the parties will each select up to ten (10) demands to proceed first as bellwether arbitrations, while the remaining demands are held in abeyance (and no filing fees are due on them) until the bellwether arbitrations conclude, after which the parties shall engage in a global mediation before further demands proceed. Any applicable statute of limitations is tolled for demands held in abeyance under this Section. This Section is intended to promote efficient resolution and does not prevent any individual claimant from obtaining relief on the merits.

21. General Provisions

Governing Law: These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Spokane County, Washington, and each party irrevocably waives any right to a trial by jury to the fullest extent permitted by law.

Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Form or Master Service Agreement, constitute the entire agreement.

Severability: If any provision is found unenforceable, it shall be modified to the minimum extent necessary; remaining provisions remain in effect.

Waiver: Our failure to enforce any right shall not constitute a waiver.

Assignment: You may not assign these Terms without our consent. We may assign without restriction.

Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control.

Notices: We may provide notices through the Services or email; notices are deemed given when sent. Notices to us must be sent to legal@hailsentinel.com.

Export Compliance: You agree to comply with all applicable export control laws.

No Third-Party Beneficiaries: Except as expressly provided in Section 22 (Apple), these Terms do not confer any rights or remedies on any third party.

Independent Contractors: Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

Survival: Sections 3 (Important Disclaimers), 7.4–7.6, 12 (as to post-termination data handling), 14, 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19.4, 20 (Dispute Resolution), and 21 survive any termination or expiration of these Terms.

22. App Store Terms

If you downloaded the App from Apple App Store or Google Play Store: these Terms are between you and Icarus, Inc., not Apple or Google. Apple/Google have no obligation to provide maintenance or support and are not responsible for any claims related to the App. Apple is a third-party beneficiary of these Terms. You must comply with all applicable third-party terms and Google Play Terms of Service.

23. Contact Information

For questions about these Terms, please contact us: