HailPing Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and Storm Digital LLC, an Ohio limited liability company ("Storm Digital," "we," "us," or "our"), concerning HailPing.
"HailPing" or the "Service" includes hailping.com, the HailPing mobile application, HailPing accounts, storm reports, maps, alerts, emails, push notifications, industry assessments, GO/VERIFY/OLD designations, modeled exposure and market information, paid subscriptions, and related features, content, software, and services we make available.
By creating an account, purchasing or activating a subscription, clicking an acceptance control, or accessing or using the Service after these Terms are presented to you, you agree to these Terms and acknowledge the HailPing Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and Business Authority
You must be at least 18 years old and legally capable of entering into a contract to use HailPing. The Service is intended primarily for business and professional use by roofing, paintless dent repair, auto-body, and related teams.
If you use HailPing for a company or other organization, you represent that you have authority to bind that organization. In that case, "you" includes both you and the organization.
HailPing accounts, subscriptions, and services are offered only to users located in the United States. You may not create an account, purchase access, or use the Service from another country or in a manner that would subject HailPing or Storm Digital to non-U.S. legal requirements.
HailPing may include storm reports, market information, maps, or other data concerning particular geographic areas. Geographic data coverage does not mean HailPing offers accounts or services to users located in those areas.
2. What HailPing Provides
HailPing organizes weather, storm-report, mapping, market, business-listing, and modeled exposure information into industry-specific informational assessments. Features may include public storm summaries, custom alert settings, limited free assessments, paid Pro briefings, radar or map context, competition or target listings, and GO/VERIFY/OLD designations.
HailPing is a decision-support and research tool. It is not an official weather source, emergency service, damage-confirmation service, insurance or claims service, lead guarantee, safety system, or substitute for independent field verification and professional judgment.
The HailPing Disclaimer is incorporated into these Terms.
3. Accounts and Authentication
You agree to provide accurate, current information and keep it current. You are responsible for safeguarding your credentials and for activity under your account. Notify us promptly at help@hailping.com if you suspect unauthorized access.
If you sign in through Google, Apple, or another identity provider, that provider may supply us with identifiers and account information according to your provider settings. Your use of that provider is also subject to its terms and privacy practices.
You may not sell, transfer, sublicense, or share account access outside the users or seats authorized for your plan. Each person must use their own authorized credentials unless we expressly approve another arrangement in writing.
We may require verification, reset credentials, restrict access, or suspend an account when reasonably necessary to protect the Service, users, providers, or data.
4. Free and Paid Access
HailPing may offer a free tier, paid subscriptions, account upgrades, promotional access, one-time reports, or other paid features. Features, report coverage, usage limits, and availability may differ by plan and may change as described in these Terms.
HailPing Pro is currently offered at $99.99 per month or $899.99 per year in USD. Subscriptions are purchased and managed in the HailPing mobile application.
Before you authorize a recurring charge, the purchase flow will disclose the price, billing interval, automatic-renewal terms, cancellation method, and other material terms. You authorize us and our payment processor to charge the payment method you provide according to those disclosures. Those disclosures are incorporated into these Terms. Paid access is also governed by the HailPing Subscription, Billing, Cancellation, and Refund Policy.
If a purchase is made through an app store or another authorized marketplace, that marketplace may process billing, cancellation, and refunds under its own terms.
5. License and Permitted Use
Subject to these Terms and any applicable plan limits, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use HailPing and its reports for your own internal business purposes.
For the mobile application, this license permits you to install and use an authorized copy on devices you own or control, subject to applicable marketplace usage rules. HailPing is licensed, not sold. Any mandatory marketplace license terms also apply. Unless the applicable marketplace expressly provides otherwise, Storm Digital — not the marketplace — is responsible for HailPing, its content, maintenance, support, and claims concerning the Service.
This license does not transfer ownership of HailPing, its content, or underlying data. Rights not expressly granted are reserved by Storm Digital and its licensors.
6. Prohibited Conduct
You may not, directly or through another person or system:
- use HailPing unlawfully, fraudulently, deceptively, or abusively;
- use HailPing as an emergency warning system, official weather source, or basis for a life-safety decision;
- represent modeled information as confirmed damage, claims, leads, revenue, or verified field conditions;
- scrape, crawl, harvest, mirror, bulk download, systematically copy, or create a substitute database from the Service;
- resell, redistribute, publish, sublicense, or commercially exploit reports, maps, data, scoring, layouts, or outputs except under a separate written agreement;
- use HailPing content or data to train, fine-tune, evaluate, or ground a machine-learning or artificial-intelligence model without written permission;
- reverse engineer, decompile, disassemble, derive source code, or attempt to discover nonpublic algorithms, scoring methods, or system architecture, except to the limited extent a restriction is prohibited by law;
- bypass paywalls, seat limits, usage limits, rate limits, access controls, or security measures;
- probe, scan, test, disrupt, overload, or interfere with the Service or another user's access;
- upload or transmit malware, harmful code, or unlawful material;
- impersonate another person, misstate affiliation, or use another person's account without authorization;
- infringe intellectual-property, privacy, publicity, contractual, or other rights;
- use HailPing data to harass, threaten, trespass, discriminate, defraud, or facilitate unlawful solicitation; or
- use the Service in a manner that violates a data-provider restriction or applicable law.
7. Your Marketing, Outreach, and Field Activities
HailPing may identify business listings, markets, possible targets, competitors, referrals, or areas for further investigation. HailPing does not authorize you to contact any person, enter any property, make any representation, or conduct any marketing campaign.
You are solely responsible for your advertising, calls, texts, emails, door-to-door activity, travel, inspections, pricing, insurance-related communications, licensing, permits, do-not-call compliance, anti-spam compliance, privacy compliance, and other field or business operations. You must obtain all required permissions and comply with applicable laws, professional obligations, property rights, and platform terms.
8. Weather Alerts and Communications
You may be able to configure hail or product alerts by email, push notification, or another supported channel. Alert settings reflect your preferences, but delivery is not guaranteed. Alerts may be delayed, duplicated, misdirected, filtered, or not delivered because of data delays, system availability, connectivity, provider behavior, spam filtering, or other causes.
Do not rely on HailPing alerts for emergencies, public safety, travel safety, or protection of people or property. Use official weather and emergency sources.
You may adjust nonessential alert or marketing preferences through available account controls or unsubscribe instructions. We may still send necessary account, billing, security, legal, and service communications.
9. Data, Models, and Assessments
HailPing may use public sources, government sources, third-party data, radar, storm reports, mapping data, demographic or market data, business listings, internal calculations, and modeled or automated analysis.
Source data and HailPing outputs may be delayed, incomplete, duplicated, inaccurate, unavailable, or later corrected. Geographic boundaries, storm tracks, direct-hit areas, adjacent-impact areas, hail sizes, business listings, vehicle or housing exposure, market estimates, competition classifications, opportunity estimates, confidence values, and GO/VERIFY/OLD assessments are not guaranteed.
You are responsible for independently verifying information material to a business, safety, travel, marketing, insurance, staffing, or operational decision.
10. Information You Submit
You retain ownership of information and materials you submit to HailPing. You represent that you have the right to submit them and that they are accurate and lawful.
You grant us a limited, worldwide, nonexclusive license to host, reproduce, transmit, and process submitted information only as reasonably necessary to provide, secure, support, and improve the Service; respond to your request; enforce these Terms; and comply with law, consistent with the Privacy Policy.
Do not submit Social Security numbers, full payment-card details, account passwords, medical information, precise location information, or other highly sensitive information unless we specifically request it through an appropriate secure process.
If you provide ideas or feedback about HailPing, we may use them without restriction or compensation, provided we do not publicly identify you as the source without permission.
11. Privacy
Our Privacy Policy explains how we collect, use, disclose, and retain personal information. By using HailPing, you acknowledge that Policy. The Privacy Policy is a notice and is not itself a contract or a substitute for consent where consent is legally required.
12. Intellectual Property
HailPing and its software, reports, text, graphics, maps, designs, compilations, taxonomies, scoring systems, model outputs, layouts, trademarks, and other content are owned by Storm Digital or its licensors and are protected by intellectual-property and other laws.
Third-party names, marks, data, maps, and content remain the property of their respective owners. No affiliation or endorsement is implied unless expressly stated.
13. Third-Party Services and Data Providers
The Service may depend on or link to payment processors, identity providers, hosting and database providers, mapping and weather services, analytics, email and notification providers, business-data sources, and other third parties.
Third-party services and data are governed by their own terms and privacy practices. We do not control and are not responsible for their independent content, accuracy, availability, security, or practices. Features may become unavailable if a provider changes or discontinues its service or our right to use data changes.
If you obtained the mobile application through an app marketplace, you must comply with the marketplace's applicable usage rules and other third-party terms, including your wireless-data agreement. The marketplace and its affiliates may have enforcement rights under their applicable license terms.
14. Changes to the Service
We may add, change, limit, suspend, or discontinue features, datasets, reports, geographic coverage, free access, or the Service as a whole. We may impose or change reasonable usage limits. We will provide notice when required by law or when a change materially affects an active paid subscription.
Beta, preview, or experimental features may be less reliable and may be changed or discontinued without notice. Do not use them for production-critical decisions unless we expressly state otherwise.
15. Suspension and Termination
You may stop using HailPing at any time. Cancellation of a paid subscription is governed by the disclosures presented at purchase and by the applicable billing channel; deleting an account does not necessarily cancel a subscription processed by an app store or other third party. See Delete Your HailPing Account.
We may suspend, limit, or terminate access if we reasonably believe you violated these Terms, failed to pay, created security or legal risk, abused the Service, infringed rights, or threatened HailPing, users, systems, or providers. When practical and legally permitted, we may provide notice and an opportunity to cure.
Upon termination, your license ends. Provisions that by their nature should survive — including ownership, disclaimers, liability limits, indemnification, dispute provisions, and payment obligations — will survive.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, HAILPING IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.
STORM DIGITAL AND ITS AFFILIATES, LICENSORS, DATA PROVIDERS, AND SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT HAILPING OR ANY DATA, ALERT, REPORT, MAP, ASSESSMENT, RECOMMENDATION, OR RESULT WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR YOUR PURPOSE; THAT DAMAGE, CLAIMS, LEADS, DEMAND, OR REVENUE EXIST; OR THAT DEFECTS WILL BE CORRECTED.
Nothing in these Terms excludes a warranty or statutory right that cannot lawfully be excluded.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, STORM DIGITAL AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, DATA PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA; BUSINESS INTERRUPTION; COSTS OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM FIELD DEPLOYMENT, TRAVEL, MARKETING, CONTACT WITH THIRD PARTIES, OR RELIANCE ON HAILPING DATA OR ALERTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF STORM DIGITAL AND THE OTHER PROTECTED PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO HAILPING OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO STORM DIGITAL FOR HAILPING DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.
These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply to liability that cannot lawfully be limited or excluded. Some jurisdictions do not allow certain exclusions or limits, so some provisions may not apply to you.
18. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Storm Digital and its affiliates, owners, officers, employees, contractors, agents, licensors, data providers, and service providers from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from or relating to:
- your unlawful or unauthorized use of HailPing;
- your violation of these Terms;
- information or materials you submit;
- your marketing, outreach, field, travel, inspection, repair, roofing, insurance-related, or other business activity;
- your violation of law or another person's rights; or
- a dispute between you and your customer, employee, contractor, prospect, property owner, insurer, or another third party.
We may control the defense and settlement of an indemnified matter. You may not settle a claim in a manner that admits fault by or imposes obligations on a protected party without our written consent. This section does not require a consumer to indemnify us where prohibited by law.
19. Disputes; Governing Law and Venue
Before filing a claim, you and Storm Digital agree to make a good-faith effort to resolve the dispute by sending a written description to the contact information below. This informal step does not extend a legal deadline unless the parties agree in writing.
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where applicable law requires otherwise.
To the fullest extent permitted by law, disputes arising from HailPing or these Terms will be brought exclusively in the state courts located in Lucas County, Ohio, or the United States District Court with jurisdiction over Lucas County, Ohio. You and Storm Digital consent to personal jurisdiction and venue there.
Mandatory consumer rights and venue rules that apply to you are not waived.
20. Export and Sanctions Compliance
You may not use, export, or re-export HailPing in violation of United States export-control or sanctions laws. You represent that you are not prohibited from receiving the Service under applicable trade restrictions.
21. Changes to These Terms
We may update these Terms. The current version will be posted with a revised Effective Date. If a change is material, we will provide additional notice when reasonably practical or required by law. We may request renewed affirmative acceptance for a material change.
Changes apply prospectively. Your continued use after revised Terms take effect constitutes acceptance to the extent permitted by law.
22. General Terms
These Terms, the Privacy Policy, the Disclaimer, the disclosures presented at purchase, and any signed order form or written agreement constitute the agreement concerning HailPing. A signed order form or negotiated agreement controls to the extent it expressly conflicts with these online Terms.
If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, financing, reorganization, sale, or transfer of the Service or relevant business. Headings are for convenience only.
Contact
Storm Digital LLC
308 Conant St
Unit #737
Maumee, OH 43537
Email: help@hailping.com