Terms of Service
Table of Contents
- Agreement to Terms
- Definitions
- Important Disclaimers
- Eligibility
- Account Registration & Security
- Subscriptions & Payments
- License & Restrictions
- Location Services
- Push Notifications
- API Terms
- Service Levels
- Data Terms
- Acceptable Use
- User Content
- Third-Party Services
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Modifications & Termination
- Dispute Resolution & Arbitration
- General Provisions
- App Store Terms
- Contact Information
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
Hail Sentinel 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, belongings, and operations. Icarus Inc. is not an insurance company and does not provide any insurance services or coverage.
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.
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. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
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. Multi-factor authentication is required for all business plans. SSO/SAML integration is available; your organization is responsible for the security 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
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.
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. 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. 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. 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. 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 provide at least 90 days notice for breaking changes. Deprecated API versions will be supported for at least 12 months after deprecation notice.
11. Service Levels
We target 99.5% uptime for the Console (excluding scheduled maintenance). Business customers may have SLAs with specific uptime commitments and remedies. We will provide at least 48 hours notice for scheduled maintenance.
Support varies by tier: Standard (email, 2 business days), Professional (email and chat, 1 business day), Business Premium (priority support with SLA-defined response times, dedicated account manager). 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 industry-standard 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
To the maximum extent permitted by applicable law, the Services and all content, features, data, and functionality 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 implied warranties of merchantability, fitness for a particular purpose, and non-infringement; warranties regarding the accuracy of any weather data, forecasts, or alerts; warranties that the Services will be uninterrupted, error-free, or secure; and warranties that defects will be corrected. You use the Services at your own risk.
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.
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 (or Commercial Arbitration Rules for business disputes) in the State of Washington, USA.
20.3 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.
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.
21. General Provisions
Governing Law: These Terms are governed by the laws of the State of Washington, USA. For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts in Washington.
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 to us must be sent to legal@hailsentinel.com.
Export Compliance: You agree to comply with all applicable export control laws.
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:
Icarus Inc.
Address: 170 S Lincoln St, STE 150, Spokane, WA, United States
Legal: legal@hailsentinel.com
Business: business@hailsentinel.com
Support: support@hailsentinel.com
Privacy: privacy@hailsentinel.com