Terms of Service
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Terms Of Service

1. User’s Acknowledgement and Acceptance of Terms

1.1 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.

1.2 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.

1.3 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/or Services.

1.4 Hail reserves the right to amend these Terms and Conditions of Use from time to time. Where there are material changes to the Terms and Conditions of Use, Hail will take reasonable steps to notify you before the changes take effect, such as by email or in-app notice. Continued use of the Products and/or Services after the effective date of the updated Terms and Conditions of Use will constitute acceptance of those changes. If you do not agree to the updated terms, you may stop using the Products and/or Services.

1.5 Any new features that augment or enhance the existing Products and/or Services, including but not limited to 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.

2. Interpretation and Definitions

2.1 Unless otherwise specified, the following definitions apply to these Terms and Conditions of Use:

(a) Hail/We/Us or Our’ means Hail.IM Limited;

(b) ‘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 and/or using our Products;

(c) ‘API’ means Application Programming Interface;

(d) ‘Code’ means the Biometric Processing Privacy Code 2025;

(e) ‘Content’ means material produced by Members for and on behalf of an Organisation through use of the Services. Content is owned by the Organisation;

(f) ‘Feature’ means the image privacy feature offered by Hail;

(g) ‘Hail Account’ means your account registered with Hail;

(h) ‘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;

(i) ‘Hail Address’ means the URL slug for an Organisation;

(j) ‘Intellectual Property Rights’ means all intellectual property rights and interests (whether existing in statute, common law or equity) including but not limited to copyright, know-how, trade secrets, trade marks, trade names, domain names, designs, patents and other proprietary rights, recognised or protected by law.

(k) ‘Member’ means a Hail Account Holder who is a member of an Organisation;

(l) ‘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 but not limited to payment of the Subscription Fee(s);

(m) ‘Person’ means legal person or organisation;

(n) ‘Privacy Laws’ means all applicable laws, regulations and codes relating to privacy, biometric processing, data protection and the collection, use, disclosure, storage or handling of personal information, including the Privacy Act 2020 (NZ), the Biometric Processing Privacy Code 2025, the Privacy Act 1988 (Cth), and any applicable Australian State or Territory privacy or data protection laws.

(o) ‘Privacy Policy’ means Hail’s privacy policy, as amended from time to time, and available on its Website;

(p) ‘Products’ means each of and together, Hail’s App, Website and Feature;

(q) ‘Revival Fee’ is the amount payable to Hail to retrieve an Organisation’s Content from Hail’s archives and revive an Organisation;

(r) ‘Service Availability’ is defined as the ability to access and use the Products and/or Services;

(s) ‘Services’ means the services provided by Hail to Members via the App, and includes content creation, curation and communication services;

(t) ‘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/or Services;

(u) ‘Subscription Plan’ means the payment terms relating to the Subscription Fees;

(v) ‘Terms and Conditions of Use’ means the terms and conditions of use relating to the Products and/or Services; and

(w) ‘Website’ means the website located at https://get.hail.to.

3. Access and Use

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

3.2 Hail grants you a licence to access and use the Products and/or 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.

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

3.4 When registering to access and use the Products and/or 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 provide your Hail Account.

3.5 When registering to access and use the Products and/or 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.

3.6 You are responsible for maintaining the security of your Hail Account, including but not limited to 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. We recommend the use of password management software and enabling any available security features to keep your password safe. Hail will not be liable for any loss or damage arising from unauthorised access caused by your failure to protect your account credentials, except to the extent that Hail has caused or contributed to that loss or damage.

3.7 You may not use your account for any illegal or unauthorised purpose. You must not, in the use of the Products and/or Services, violate any laws in your jurisdiction (including, but not limited to any third party’s Intellectual Property Rights).

3.8 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/or Services.

3.9 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.

4. Cancellation, Termination and Right to Monitor

4.1 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.

4.2 Hail reserves the right to suspend, restrict, deactivate or terminate a Hail Account or Organisation where Hail reasonably believes that:

(a) the Hail Account or Organisation has breached these Terms and Conditions of Use;

(b) the Hail Account is being used for illegal, unauthorised, harmful or malicious activity;

(c) account credentials have been, or are reasonably suspected to have been, compromised;

(d) continued access may create a privacy, security, safety, operational or legal risk; or

(e) payment remains overdue in accordance with these Terms and Conditions of Use.

4.3 Where reasonably practicable, Hail will give notice to you before suspending, restricting, deactivating or terminating access to the Hail Account and will provide the Organisation with a reasonable opportunity to remedy the issue. However, Hail may act without prior notice to you where immediate action is reasonably necessary to protect the security, privacy, safety, integrity or lawful operation of the Products or Services or to comply with legal obligations.

4.4 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.

4.5 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.

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

5. Deactivation and Archiving

5.1 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.

5.2 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.

5.3 An Owner may archive an Organisation at any time

5.4 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.

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

6. Payments and Billing

6.1 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.

6.2 All new Organisations are granted a fourteen (14) day trial period for their Subscription Plan

6.3 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.

6.4 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.

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

6.6 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.

6.7 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).

6.8 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.

6.9 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.

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

6.11 All Subscription Fees charged are exclusive of local taxes which are the Owner’s responsibility to pay (unless you are an Australian or New Zealand customer, where you will be charged GST in accordance with the applicable laws of the respective countries).

6.12 Hail Account Billing, Invoicing and Refunds

(a) Upon creation of an Organisation, you must choose a Subscription Plan, which determines the level of Services available to the Organisation, the applicable Subscription Fees, and the billing term. All new Organisations are granted a fourteen (14) day trial period for their selected Subscription Plan, unless otherwise stated. If, as an Owner, you wish to cancel your Subscription Plan (whether before or after a trial period), you may do so by archiving the Organisation.

(b) Cancellation will take effect at the end of the current paid billing period.

6.13 Payment Methods

(a) Hail offers payment by:

(i) credit or debit card;

(ii) direct debit (where available); and

(iii) invoice (annual billing only, subject to approval).

(b) Payment method availability may vary depending on the Subscription Plan and Organisation.

6.14 Invoicing and Billing

(a) When a Subscription Fee becomes due in accordance with the Subscription Plan, Hail will generate an invoice addressed to the Owner. Invoices will be provided by email and will also be available in the ‘Billing’ section of the Organisation.

(b) For credit card and direct debit payments, Hail will attempt to automatically collect payment when the invoice is generated using the registered payment method.

(c) For Organisations approved for invoice billing, Subscription Fees will be invoiced annually in advance and are payable within thirty (30) days of the invoice date, unless otherwise agreed in writing.

6.15 Unpaid Invoices and Suspension

(a) If an invoice is not paid within fourteen (14) days of its due date, Hail may suspend the Organisation and revoke Members’ access to the Services (excluding access required for billing, payment, and compliance purposes).

(b) If an Organisation is suspended due to non-payment, the Owner may restore access at any time by settling the outstanding invoice using a valid payment method. Once payment is received, access will be reinstated.

6.16 Subscription Changes

(a) An Owner may change the Subscription Plan at any time. A trial period will not be granted in relation to a new Subscription Plan. Any remaining trial period on a previous Subscription Plan will transfer to the new Subscription Plan where applicable.

6.17 Annual Subscription and Refunds

(a) Subscription Plans are invoiced in advance in accordance with the applicable billing term. Except where required by law:

(i) Subscription Fees are non-refundable once a billing period has commenced; and

(ii) Annual Subscription Fees paid in advance are non-refundable if the Organisation cancels during the annual term

(b) Where an Organisation cancels an annual subscription, access to the Services will remain available until the end of the paid annual period.

(c) Hail may, at its discretion, offer a prorated refund or account credit in exceptional circumstances (such as billing errors), but is under no obligation to do so.

6.18 Payment Currency

(a) All charges are billed in the currency determined by the country in which the Organisation is configured. Currency conversion fees or foreign exchange charges imposed by banks or payment providers are the responsibility of the Owner.

(b) Credit card and direct debit payments will appear on statements as HAIL.

7. Modifications to the Services and Subscription Fees

7.1 Hail reserves the right at any time to update, modify or discontinue the Services (or any part thereof) from time to time. Where a change materially reduces the functionality available to an Organisation, Hail will take reasonable steps to provide notice to the Organisation in advance and, where practicable, a reasonable transition period. Hail may make changes without prior notice where reasonably necessary for security, privacy, legal, technical, operational or emergency reasons, or where the change does not materially reduce the functionality of the Services.

7.2 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.

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

8. Service Availability and Support

8.1 Hail aims to provide a high level of Service Availability. However, access to the Products and Services may be interrupted from time to time due to maintenance, upgrades, outages, technical infrastructure issues, third-party service interruptions, or events outside of Hail’s reasonable control. Hail will take reasonable steps to restore availability to the Products and Services in a timely manner. To the extent permitted by law, Hail will not be liable for loss or damage arising from interruptions to the Products and Services except to the extent the loss or damage is caused or contributed to by Hail’s negligence, breach of these Terms and Conditions of Use or breach of applicable law..

8.2 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.

8.3 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. Hail (one‑on‑one or small group) Training is available on the Plus Plan. A maximum of 2 training courses per year are available. Additional training will incur a fee.

9. Intellectual Property Rights

9.1 All Intellectual Property Rights associated with the Products are owned, and remain the exclusive property, of Hail. You may not duplicate, copy or reuse any of the Products without the express written permission from Hail.

9.2 You agree that all new Intellectual Property Rights that arise or are created by Hail or any of Hail’s personnel in the course of supplying the Products and/or Services, are owned by Hail.

9.3 Hail does not own, and makes no claim to ownership of any Content created by an Organisation. You warrant that Content you create does not infringe third parties’ Intellectual Property Rights.

10. API Terms

10.1 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.

10.2 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.

10.3 Hail reserves the right to update, modify or discontinue the API (or any part thereof) at any time. Where a change is likely to materially affect an Organisation’s use of the API, Hail will take reasonable steps to provide advance notice and, where practicable, a reasonable transition period.

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

11. Feature

11.1 Nature of the Feature

(a) The Feature is available to our New Zealand and Australian customers.

(b) The Feature uses a facial recognition technology to identify, and blur or remove images (at your election) of specific individuals nominated by a customer from published content.

(c) The Feature is optional, and is activated only at the election of a customer’s authorised representative.

11.2 Authorised Representatives

(a) Feature access and Consent Officer role

Access to Image Privacy data within Hail is restricted to Members who have been assigned the designated Consent Officer role within the relevant Organisation.

Hail enforces this access control through permission checks on Image Privacy and consent-related functions. Only Organisation Owners and Administrators may assign or remove the Consent Officer role.

The Organisation is responsible for ensuring that only appropriate authorised personnel are assigned the Consent Officer role, and for promptly removing that role when access is no longer required.

(b) Only authorised representatives of a customer are allowed to activate, access and use the Feature.

(c) Hail may, at any time and acting reasonably, request evidence satisfactory to it confirming the authority of the authorised representative (including evidence of appointment or internal authorisation). You must promptly provide such evidence upon request, and in any event within a reasonable timeframe specified by Hail in writing. Where Hail is not reasonably satisfied that an individual is an authorised representative, Hail may suspend or restrict or remove access to the Feature.

11.3 Hail’s Role

(a) Hail provides the Feature as a third party service provider to its customers, and biometric information is only processed for the purposes set out in the Privacy Policy. Biometric information is processed on that customer’s instructions. Hail does not collect and process the biometric information for its own purposes.

11.4 Feature’s Options

(a) Where a customer enables the Feature, the following options are available at the election of the customer’s authorised representative:

(i) Individual Protection: A customer identifies an individual whose image should be blurred or removed.

(ii) Social Media Protection: A customer may elect to remove or blur faces before sharing to external social media platforms.

(iii) All External Channels Protection: A customer may elect to blur or remove faces on all external and public channels, but internal or restricted channel imagery unchanged.

(iv) Time Machine Scan Protection: In emergency situations involving urgent safety, legal, welfare, or other serious privacy concerns (including but not limited to court orders, family violence, or other safeguarding risks), a customer may search its historical image library within the Feature to locate images of a specific individual for the purpose of removing or blurring those images (Time Machine Scan). Each Time Machine Scan is limited to one identified individual per scan event, and one safety, legal, welfare or privacy purpose. The customer is required to maintain an audit trail recording of the reason for the Time Machine Scan, when it was conducted, and what action was taken following the Time Machine Scan.

11.5 Your Responsibilities

(a) You must:

(i) ensure that only approved authorised representatives activate, access and use the Feature;

(ii) ensure that your use of the Feature complies with your obligations under all applicable laws and regulations, including but not limited to the Privacy Laws and the Code (where applicable);

(iii) not use the Feature in a way that is prohibited or inconsistent with the Privacy Laws and/or the Code (where applicable);

(iv) obtain the consent of each individual (or, in the case of children, their parent, guardian, or whānau) whose biometric information will be collected or processed through the Feature, unless an exception under the Privacy Laws or the Code applies, and keep a written record of this. Any consent obtained must be genuine, informed, and freely given, having particular regard to the age and capacity of the individual concerned. You acknowledge that consent provided by each individual (or, in the case of children, their parent, guardian, or whānau) must be current and specific and you must obtain updated consent in a manner which complies with the Privacy Laws and the Code (where applicable);

(v) provide notification to each individual (or, in the case of children, their parent, guardian, or whānau) about the collection of biometric information before or at the time of collection, including but not limited to the fact and purpose of collection, the retention period, and the individual’s right to complain to the relevant regulatory authority, unless an exception under the Privacy Laws and/or the Code, applies;

(vi) promptly advise Hail if an individual does not consent to the use of the Feature, or withdraws consent;

(vii) where you rely on an exception to the consent or notification requirements under the Privacy Laws and/or the Code (where applicable), maintain a written record documenting: (i) the specific exception relied upon; (ii) the factual basis for your belief that the exception applies; and (iii) the date on which the exception was relied upon. You must make this documentation available to Hail upon reasonable request;

(viii) confirm the source and lawful basis for any reference image uploaded to the Feature;

(ix) ensure reference images are current, and provide Hail with updated reference images where the appearance of an individual has materially changed;

(x) only use the Feature for privacy protection and for the purposes set out in the Privacy Policy, and not for other purposes including but not limited to surveillance, attendance, behaviour monitoring or profiling;

(xi) use the Time Machine Scan option only where there is a genuine safety, legal, welfare, or other serious privacy concern; and

(xii) manually review all matched or likely matched images returned by the Feature before taking any action.

11.6 Suspension, Restriction or Removal of Access

(a) Hail may suspend, restrict, or remove your access to the Feature (in whole or in part) at any time where Hail reasonably considers that:

(i) you have breached these Terms and Conditions of Use;

(ii) the Feature is being used outside its permitted purposes or in a manner inconsistent with these Terms and Conditions of Use;

(iii) access is being used, or is reasonably suspected to be used, by an unauthorised individual, or access credentials have been compromised or are otherwise not adequately controlled;

(iv) continued access to the Feature may pose or contribute to a privacy, security, safety, operational or legal risk;

(v) suspension or restriction is required to comply with applicable laws; or

(vi) suspension is necessary to perform maintenance, upgrades or other operational requirements of the Feature.

(b) Where reasonably practicable, Hail will give notice to you before suspending, restricting or removing access to the Feature and will provide a reasonable opportunity to remedy the issue. However, Hail may act without prior notice to you where immediate action is reasonably necessary to protect privacy, security, safety, the integrity of the Feature, the lawful operation of the Services or to comply with legal obligations.

12. Data Loss & Backups

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

12.2 Customer data may be lost, corrupted or become unavailable due to events such as User error, customer misuse, malicious acts, third-party service failures, infrastructure issues, or events outside Hail’s reasonable control. To the extent permitted by law, Hail is not responsible for loss or damage arising from customer data loss except to the extent that the loss or damage is caused or contributed to by Hail’s negligence, breach of these Terms and Conditions of Use or breach of applicable law.

13. Indemnity

13.1 You agree to indemnify Hail, its subsidiaries, affiliates, directors, shareholders, agents and employees against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising from or in connection with:

(a) Content you create, upload, publish, distribute or make available through the Products or Services;

(b) your breach of these Terms and Conditions of Use;

(c) your breach of applicable law, including Privacy Laws, biometric, child safety, intellectual property or data protection laws;

(d) your use of the Feature outside its permitted purposes;

(e) your failure to obtain or maintain any required consent, authority, notification, lawful basis or records for use of the Feature;

(f) your upload or use of reference images without lawful authority; or

(g) any claim by a third party arising from your use of the Products or Services,

except to the extent the claim, damage, cost, liability or expense is caused or contributed to by Hail’s negligence, breach of these Terms and Conditions of Use or breach of applicable law.

14. Disclaimer

14.1 Except as expressly provided in these Terms and Conditions of Use, and to the extent permitted by law, the Products and/or Services are provided on an ‘as is’ or ‘as available’ basis. Hail does not warrant that:

(a) the Products and/or Services will meet your specific requirements;

(b) the Products and/or Services will be uninterrupted, timely, secure, or error-free; or

(c) the results that may be obtained by the User of the Products and/or Services will be accurate.

14.2 For the Feature, Hail does not warrant that automated face detection or matching will identify every face, locate every image, or produce only correct matches. You remain responsible for reviewing matched or likely matched images before taking action.

14.3 Nothing in these Terms and Conditions of Use excludes, restricts or modifies any rights, guarantees, warranties or remedies that cannot be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

15. Limitation of Liability

15.1 To the extent permitted by law, Hail is not liable for indirect, consequential, special or exemplary loss or damage, including loss of profit, revenue, goodwill, opportunity, anticipated savings or business interruption.

15.2 Nothing in these Terms and Conditions of Use excludes, restricts or modifies any rights, guarantees, warranties or remedies that cannot be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

15.3 To the extent permitted by law, Hail’s total aggregate liability arising out of or in connection with the Products or Services is limited to the Subscription Fees paid by the relevant Organisation to Hail in the 12 months before the event giving rise to the claim.

16. General

16.1 Severability

(a) 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.

16.2 Governing Law

(a) Where you are located in New Zealand, 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 non-exclusive jurisdiction of the New Zealand courts.

(b) Where you are located in Australia, these Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Commonwealth of Australia. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and the Commonwealth of Australia, including the Federal Court and any courts that may hear appeals from those courts about any proceedings in connection with this Agreement.

16.3 Entire Agreement

(a) These Terms and Conditions of Use, together with any applicable Subscription Plan, Privacy Policy, Feature terms, written order form, trial agreement or other terms expressly agreed in writing between Hail and the Organisation, constitute the entire agreement and understanding between us concerning the Products and/or Services and supersedes all prior agreements and understandings of the parties with respect to the Products and/or Services.

(b) Nothing in this clause excludes, restricts or modifies any rights, remedies, representations, guarantees or protections that cannot be excluded, restricted or modified under applicable law, including under the Australian Consumer Law.

16.4 Non-Assignment

(a) You may not assign your rights and obligations under these Terms and Conditions of Use without prior written consent from Hail.

(b) Hail may assign its rights and obligations under these Terms and Conditions of Use as part of a business sale, merger, acquisition, corporate restructure, or transfer of assets, provided the assignment does not materially reduce the protections or rights available to you under these Terms and Conditions of Use.

(c) Hail may assign its right to receive payment, or subcontract the performance of any part of the Services, provided Hail remains responsible for the performance of the Services in accordance with these Terms and Conditions of Use.

16.5 Locations

(a) Biometric information is processed and stored in AWS cloud infrastructure in Australia and all other services are located on AWS technical infrastructure in Oregon, United States of America. We take all reasonable steps to ensure that your personal information disclosed and held outside New Zealand and Australia is protected in accordance with applicable privacy laws. The head office of Hail is located at: 230c Clyde Road, Burnside, Christchurch, New Zealand.

16.6 Notices

(a) 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 support@hail.to or to Hail.IM Limited, 230c Clyde Road, Burnside, Christchurch, New Zealand.

Updated 24 August 2026