HailHawk general terms and conditions

Updated September 28, 2026

These HailHawk General Terms and Conditions (these "Terms") set forth the terms under which TCoates LLC, doing business as HailHawk ("HailHawk", "we", "us"), provides and you ("You", "Your" or "Customer") use the HailHawk software services (storm monitoring, customer matching, alerting, reporting, and related features) (collectively, the "Services"). These Terms, together with any order, proposal, or pricing agreement between You and HailHawk, comprise the entire agreement between the parties.

BY ACCESSING OR USING ANY PORTION OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT COMPANY, IN WHICH CASE "YOU" REFERS TO THAT COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Storm data. No warranty of weather accuracy

The Services present weather information derived from publicly available United States federal sources, including NOAA Storm Prediction Center reports, NOAA Severe Weather Data Inventory radar detections, and NOAA Multi-Radar Multi-Sensor (MRMS) products, and locate addresses using the US Census geocoder. HailHawk does not create, control, or verify this data. Weather detection is inherently imprecise: hail may fall where no source reported it, sources may report hail where none fell, reported sizes are estimates, and address locations may be approximate. THE SERVICES ARE A LEAD-GENERATION AND AWARENESS TOOL, NOT A DETERMINATION THAT DAMAGE OCCURRED. They are not a substitute for a physical roof inspection, and they are not insurance, engineering, meteorological, or legal advice. You are solely responsible for verifying storm impact before making business, insurance, or repair decisions, and any claim report generated by the Services is a summary of federal records, not a warranty of their accuracy.

2. Alerts. No guarantee of delivery

The Services send alerts by email (and potentially other channels in the future) on a periodic schedule. Delivery depends on third-party infrastructure (data publication by NOAA, email providers, and Your own mail systems), and HailHawk does not guarantee that any alert will be generated, sent, delivered, or timely. You should not rely on the Services as Your only means of learning about severe weather affecting Your customers.

3. Ownership and license

The Services are owned by HailHawk and its licensors and are protected by copyright and other intellectual-property law. HailHawk retains all title and interest in the Services, including all related intellectual-property rights. During the Term, HailHawk grants You a nonexclusive, nontransferable license for Your authorized users to access and use the Services in accordance with these Terms. No other rights are granted.

4. Users

A "User" is an individual You authorize to use the Services under Your account (Your owners, employees, and agents). You are responsible for Your Users' use of the Services and their compliance with these Terms, for maintaining the security of User credentials, and for notifying HailHawk promptly of any unauthorized access. Accounts may not be shared with, or used by, competitors of HailHawk for evaluation or development of competing products.

5. Restrictions

You shall not (and shall not permit anyone to): reverse engineer, decompile, or derive the source code of the Services; copy, resell, rent, lease, or make the Services available to anyone other than Users; use the Services to build a competitive product; interfere with or disrupt the integrity or performance of the Services; attempt to probe, scan, or test the vulnerability of the Services or breach any security measure except as expressly authorized by HailHawk in writing; use the Services to store or transmit unlawful material or malicious code; or access data not intended for You.

6. Your customer information

The Services let You import and process information about Your customers. As between You and HailHawk, You own Your customer data and are its controller. You represent that You have the right, and any legally required consents, to submit and process that information through the Services, and that You will provide any notices to Your customers that applicable law requires. HailHawk acts as a service provider: we retain, use, and disclose Your customer information solely to provide the Services to You, we do not sell it, and we do not use it for any other purpose. Storm and weather records themselves are public federal data and are not Your customer information.

7. Privacy

We collect the account information You give us (names, emails, company details), the customer data You import, and ordinary technical logs required to operate the Services. We use this information only to provide and improve the Services and to communicate with You about Your account. We do not sell personal information. We use reputable infrastructure providers to host data and send email; data is stored in the United States. You may request deletion of Your account and its data by contacting us. Our Privacy Policy describes this in full and is incorporated into these Terms.

8. Third-party services

The Services depend on third-party and governmental services, including NOAA data feeds, the US Census geocoder, map tile providers, cloud hosting, and email delivery providers. HailHawk is not responsible for the availability or accuracy of third-party or governmental services, and their failure or discontinuance does not constitute a breach of these Terms by HailHawk.

9. Right to modify, suspend, or discontinue

HailHawk may modify, suspend, or discontinue the Services or any part of them, temporarily or permanently, with or without notice, including for maintenance and upgrades. HailHawk will make reasonable efforts to respond to support requests but makes no representation regarding response times.

10. Feedback

You grant HailHawk a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, feature requests, or other feedback You or Your Users provide.

11. Fees and billing

You will pay the fees for the Services as agreed between You and HailHawk in writing. Unless otherwise agreed, subscriptions renew automatically each billing period and may be cancelled with notice before the next period begins. Fees are exclusive of taxes, which are Your responsibility. HailHawk may change pricing prospectively with advance notice. Billing disputes must be raised within ninety (90) days of the charge.

12. Termination

The Term begins when Your account is activated and continues until terminated by either party. HailHawk may terminate immediately for material breach, including nonpayment. Upon termination, Your access to the Services ceases. HailHawk has no obligation to retain Your data after termination, but will, on written request made before the effective termination date, provide Your customer data to You in a reasonable format.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAILHAWK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HAILHAWK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT WEATHER DATA, ALERTS, MATCHES, SCORES, OR REPORTS WILL BE ACCURATE, COMPLETE, OR RELIABLE.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAILHAWK AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST LEADS, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING MISSED, DELAYED, OR INACCURATE ALERTS OR WEATHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, HAILHAWK'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF (a) THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (b) $500. THESE TERMS ALLOCATE RISK BETWEEN THE PARTIES, AND HAILHAWK'S PRICING REFLECTS THAT ALLOCATION.

15. Indemnification

You agree to indemnify and hold HailHawk and its officers, agents, and employees harmless from any third-party claim, including reasonable attorneys' fees, arising out of the data You submit through the Services, Your use of the Services, Your violation of these Terms, or Your violation of any rights of another.

16. General provisions

Trademarks. The HailHawk name, mark, and logos are trademarks of TCoates LLC and may not be used without prior written permission. Assignment. You may not assign this Agreement without HailHawk's prior written consent. Relationship. The parties are independent contractors; HailHawk may identify You by name as a customer. Changes. We may amend these Terms by posting the updated Terms with a new effective date; continued use of the Services constitutes acceptance. Force majeure. Except for payment obligations, neither party is liable for delay or failure caused by events beyond its reasonable control. Severability. If any provision is held unenforceable, the remainder stays in effect. Governing law and venue. These Terms are governed by the laws of the State of Colorado, without regard to conflicts of law, and the state and federal courts located in Colorado shall have exclusive jurisdiction and venue. Each party waives any right to a jury trial in connection with any dispute arising out of these Terms. Entire agreement. These Terms and any written order between the parties constitute the entire agreement regarding the Services and supersede all prior understandings.

Questions about these Terms: support@hailhawk.app

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