Terms of Service

User’s Acknowledgment and Acceptance of Terms

Hail.IM Limited (Hail) provides Users of Hail’s application and Website (an ‘App’ or ‘Website’ respectively and together ‘Products’) with information and access to Services.  

By using our App or Website as a visitor or as a subscriber to our Services you agree to be bound by the terms and conditions appearing in this document and as posted on the Website.

Additional contractual terms may apply to some Services so it is important that you are familiar with all of the terms applying to your use of our Products and Services.

Hail reserves the right to amend these Terms and Conditions of Use at any time without notice to you. You acknowledge and agree that it is your responsibility to check these Terms and Conditions of Use from time to time and familiarise yourself with them.

Any new features that augment or enhance the existing Products and/or Services, including the release of new tools or resources, shall be subject to these Terms and Conditions of Use and the failure of Hail to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

Definitions

‘Hail/We/Us or Our’ means Hail.IM Limited;

‘You/Your/Yourself/User’ means the Person visiting and/or using our Website, visiting and/or using our App and/or subscribing to our Services;

‘API’ means Application Programming Interface;
‘Content’ means material produced by Members for and on behalf of an Organisation through use of the Services. Content is owned by the Organisation;
‘Hail Account’ means your account registered with Hail;
‘Hail Account Holder’ means the Person registered with Hail in respect of a Hail Account who may create and/or join an Organisation as a Member;
‘Hail Address’ means the URL slug for an Organisation;
‘Member’ means a Hail Account Holder who is a member of an Organisation;
‘Organisation’ means a group comprised of Members which subscribes to the Services, ‘Owner’ means the Member of an Organisation who is responsible for the administration of the Organisation, including payment of the Subscription Fee(s);
‘Person’ means legal person or organisation;
‘Products’ means each of and together, Hail’s App and Website;
‘Revival Fee’ is the amount payable to Hail to retrieve an Organisation’s Content from Hail’s archives and revive an Organisation;
‘Service Availability’ is defined as the ability to access and use the Products and Services;
‘Services’ means the services provided by Hail to Members via the App, and includes content creation, curation and communication services;
‘Subscription Fee/Subscription Fees’ means the amount payable in the nominated currency by the Owner in relation to access to, and use of, the Products and Services;
‘Subscription Plan’ means the payment terms relating to the Subscription Fees;
‘Terms and Conditions of Use’ means the terms and conditions of use relating to the Products and Services; and
‘Website’ means the website located at https://get.hail.to.

Access and Use

You represent that you are of legal age to use the Products and Services and to create binding legal obligations for any liability you incur as a result of your use of the Products and Services.

Hail grants you a limited, exclusive licence to access and use the Products and Services in connection with your Hail Account. For the avoidance of doubt, a User cannot assign this licence. Sharing, redistribution or simultaneous use of this licence is prohibited.

Your use of the Products and Services is subject to all applicable laws and regulations, and you are solely responsible for your use of the Products and Services and Content shared or published.

When registering to access and use the Products and Services through a social provider (Facebook, Google or Linkedin), we will store your full name, email address and unique account identifier so we can automatically provision your Hail Account.

When registering to access and use the Products and Services without a social provider, you must provide your full name, a valid email address, password and any other information requested by Hail in order to complete the registration process and create a Hail Account.

You are responsible for maintaining the security of your Hail Account, including keeping your password secure (if you have set one), or securing access to the social provider account you used to register for a Hail Account. Hail will not be liable for any loss or damage from failure to comply with this security obligation. We recommend the use of password management software to keep your password safe.

You may not use your account for any illegal or unauthorised purpose. You must not, in the use of the Products and Services, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Hail does not pre-screen any Content, but reserves the right (but not the obligation) to refuse or remove any Content made available to third parties via the Products and Services.

Upon provision of a Hail Account, the Hail Account Holder is opted in to receive emails necessary to the operation of the Products, along with periodic promotional emails. These email preferences can be changed by the Hail Account Holder at any time in their account settings.

Cancellation, Termination and Right to Monitor

Hail has no obligation to monitor and access Hail Accounts, but may do so if for any reason Hail believes there is just cause. Reasons may include illegal activity, malicious activity, questionable material, or for general customer support.

Hail reserves the right to terminate a Hail Account without notice to the Hail Account Holder. Hail further reserves the right to suspend or de-activate an Organisation without notice to the Organisation or its Members. Discretion will be used in exercising these rights.

When terminating a Hail Account, the Hail Account and any Content created by the Hail Account Holder as a Member will no longer accessible to the Hail Account Holder.

All Content created by that Hail Account Holder as a Member of an Organisation will remain accessible to other Members of that Organisation and belong to the Organisation.

Hail reserves the right to change an Organisation’s Hail Address should Hail wish to use that address for its own purposes.

Deactivation and Archiving

Hail Account Holders may deactivate their Hail Account at any time. Deactivation removes the Hail Account Holder from all Organisations they were a Member of, and renders their Hail Account inaccessible.

All Content created by the Hail Account Holder as a Member of an Organisation will remain accessible to other Members of that Organisation and belong to the Organisation.

An Owner may archive an Organisation at any time.

Archiving an Organisation removes all Members from that Organisation and renders all Content inaccessible until such time as the Organisation is revived upon application to Hail.

Revival

Revival of an Organisation is possible upon written application to Hail and payment of a Revival Fee.

Hail Account Billing, Invoicing and Refunds

Upon creation of an Organisation, you must choose a Subscription Plan, which determines the level of Services available to the Organisation, the appropriate Subscription Fee payable and payment term.

All new Organisations are granted a thirty (30) day trial period for their Subscription Plan.

If, as an Owner, you wish to cancel your Subscription Plan (whether before or after a trial period), you can do so by archiving the Organisation.

When a Subscription Fee comes due for payment (as defined by the Subscription Plan payment term), Hail will generate an invoice addressed to the Owner. The invoice will be provided to the Owner by email and will also be available in the ‘Billing’ section of the Organisation.

At the time the invoice is generated, Hail will attempt to charge the credit card registered against the Organisation for the invoiced amount.

Unpaid invoices can be paid for at any time by registering a valid credit card with the Organisation and paying the invoices in the ‘Billing’ section of that Organisation.

If an invoice is not paid within fourteen (14) days of the date of generation, Hail will suspend the Organisation and revoke all Members’ access to Content belonging to the Organisation (excluding data necessary for invoicing and payment purposes).

If an Organisation is suspended for non-payment of an invoice, the Owner may, at any time, register an additional valid credit card with that Organisation to pay for the overdue invoice. Once the invoice has been paid, the Organisation shall be unsuspended and Members’ full access to the Organisation shall be restored.

An Owner may change the Subscription Plan at any time. However, a trial period will not be granted in relation to this subsequent Subscription Plan. Any remaining trial period on the previous Subscription Plan will be transferred to the new Subscription Plan.

Subscription Plans are invoiced to Owners in advance in accordance with the term of the Subscription Plan and are non-refundable.

All Subscription Fees charged are exclusive of local taxes which are the Owner’s responsibility to pay (unless you are a New Zealand customer, where you will be charged GST).

Payment Currency

Owners must register a valid credit card with the Organisation which Hail will charge for Subscription Fee invoices as they fall due. All charges to an Owner’s credit card are in the currency determined by the country the Organisation is configured to use. The charges appearing on your credit card statement may incur currency conversion fees from your bank. Foreign currency conversion rates are calculated using the conversion rate on the day of processing payment.

The payment will show as made to HAIL on your cardholder statement.

Modifications to the Service and Subscription Fees

Hail reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.

Hail reserves the right to periodically review and adjust Subscription Fees. Notice will be given at least thirty (30) days in advance of any changes to Subscription Fees.

Hail reserves the right to make updates and upgrades to Hail Products and Services at Hail’s discretion.

Service Availability and Support

Hail aims to provide a high level of Service Availability. However, in the event of an outage or other technical infrastructure issue, Hail will not be liable for any losses, including, without limitation, data loss. Hail will endeavour to restore availability in a timely manner.
While Hail will make all efforts to prevent any disruption to Service Availability during scheduled upgrades, there may be times where Products and/or Services are inaccessible.

Hail is committed to providing excellent customer service. We aim to answer most support queries within 24 hours. However, Hail makes no guarantee as to the period of time before support is provided.

Intellectual Property Rights

All aspects of the Products, including, but not limited to, source code and the look and feel is owned by Hail. You may not duplicate, copy or reuse any portion of the source code or design elements without express written permission from Hail.

Hail does not own, and makes no claim to ownership of any Content created in an Organisation.

You warrant that Content you create does not infringe third parties’ intellectual property.

API Terms

You agree that you are solely responsible for any third party applications you have built which access the API. This includes supporting your code and any legal issues that may arise from its use. Hail disclaims all liabilities related to, or arising from third party applications’ use of the Hail API.

If your use of the Hail API causes unacceptable server load or issues (as determined by Hail), your Hail Account or access to Hail API may be revoked or suspended. This is to ensure Services Availability for other Hail Account Holders.

Hail reserves the right to modify or discontinue the API (or any part thereof) at any time, with or without notice to you.

You may not use the API to violate your licence terms. Doing so will result in suspension of your Hail Account.

Data Loss & Backups

Hail disclaims all liability for the loss of customer data through your general use of the Products and Services, malicious acts or infrastructure failure.

Hail will be responsible for ensuring regular backups of customer data.

Indemnity

You agree to indemnify and hold harmless Hail, its subsidiaries, affiliates, directors, shareholders, agents, and employees, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to your use of our Products and Services or in relation to any Content, including, without limitation, any actual or threatened demand or claim made against Hail, its subsidiaries, affiliates, directors, shareholders, agents, and employees made by any third party due to your use of our Products and Services or in relation to any Content, or your breach of these Terms and Conditions of Use, any applicable law or the rights of a third party.

Disclaimer

Except as expressly provided to the contrary in writing by Hail, the Products and Services are provide on an ‘as is’ or ‘as available’ basis without warranties of any kind, express or implied. Hail disclaims all other warranties, express or implied, including, without limitation, implied warranties that:

  • the Services will meet your specific requirements;
  • the Services will be uninterrupted, timely, secure, or error-free; or
  • the results that may be obtained by the User of the Services will be accurate.

Limitation of Liability

In no event shall Hail, its subsidiaries, affiliates, directors, shareholders, agents, and employees be liable for any direct, special, indirect, consequential or exemplary damages, including, but not limited to loss of use, profit, goodwill or data, whether in an action for contract, tort (including but not limited to negligence) or otherwise, arising out of, or in any way connected with the use of the Products and Services or Content, including, but not limited to:

  • your use or inability to use the Products and/or Services; or
  • unauthorised access to or alteration of your transmissions of data.

We shall not be liable in any way for third party goods and/or services offered through or in connection with the Products and/or Services.

Privacy Policy – Data

Please refer to our Privacy Policy for information on how Hail collects, uses, discloses and stores personally identifiable information from Users.

Privacy Policy – Payment Transactions

You acknowledge and agree that credit card transactions conducted through the App will be processed using a third party and, in connection with such payment transactions, your Personal Information including Personal Information relating to your credit card account will be transmitted to such third party. By submitting your credit card information in connection with a payment transaction, you authorise Hail or such third party to charge your credit card for the amount indicated and agreed upon.

We utilise Payment Express (DPS), a PCI compliant payments processor to perform credit card transactions. Credit card data stored with Payment Express is subject to their privacy policy.

Governing Law

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising between you and Hail in connection to the Products and/or Services will be determined by reference to the laws of New Zealand. You agree and hereby submit to the exclusive jurisdiction of the New Zealand courts.

General

Severability
If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any other provision of these Terms and Conditions of Use.

Entire Agreement
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the Products and Services and supersedes all prior agreements and understandings of the parties with respect to the Products and Services. These Terms and Conditions of Use may only be amended by Hail.

Non-Assignment
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. Hail may freely assign its rights and obligations under these Terms and Conditions of Use.

Locations
Whilst all technical infrastructure is situated in Oregon in the United States of America, the head office of Hail is located at: 230c Clyde Road, Burnside, Christchurch, New Zealand.

Notices
All notices to a party shall be in writing and shall be made via email or conventional mail. Notices to Hail must be sent to hello@hail.to or to Hail.IM Limited, 230c Clyde Road, Burnside, Christchurch, New Zealand.