Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legal agreement between you ("User", "you", or "your") and Kikinpa LLC ("Company", "we", "us", or "our"), which operates the Illapa wind and hail tracking platform ("Service"). By accessing, registering, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree with these Terms, you may not use the Service. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Use License

2.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes, in accordance with your selected subscription plan.

2.2 Restrictions

You agree not to:

• Reproduce, distribute, publicly display, or transmit any part of the Service without our written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Remove, obscure, or alter any proprietary notices, labels, or marks on the Service
• Use the Service to compete with us or to benefit competitors
• Access the Service by any means other than our publicly supported interfaces
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to our systems or networks
• Violate applicable laws, regulations, or third-party intellectual property rights

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and possess legal authority to enter into this agreement. Accounts are for authorized business use and may not be registered by children under 13 years of age.

3.2 Account Information

You are responsible for providing accurate, current, and complete account information and for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access to your account. You are liable for all activities occurring under your account.

3.3 Account Termination

We may suspend or terminate your account at any time, with or without cause, and with or without notice, including if you violate these Terms or if your account is inactive for more than 12 months.

4. Subscription Plans and Billing

4.1 Pricing

Pricing for our subscription plans is displayed on our Platform. Prices are subject to change with 30 days' written notice. Price changes do not apply to active subscriptions until renewal.

4.2 Billing Cycle

Subscription fees are billed monthly or annually, depending on your selected plan. Billing occurs on the date of purchase and on each renewal anniversary. You authorize us to charge your payment method for all fees and charges incurred.

4.3 Payment Methods

You are responsible for providing valid payment information. We accept major credit cards and other payment methods displayed on our Platform. All transactions are processed securely and in accordance with our Privacy Policy.

4.4 Failed Payments

If a payment fails, we will attempt to retry billing. If payment cannot be collected, your account may be suspended or terminated. You are responsible for all charges incurred, including collection fees and interest, if applicable.

4.5 Refunds and Cancellation

All subscriptions are non-refundable except as required by law. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle. No refunds will be issued for partial billing periods.

5. Service Features and Limitations

5.3 Service Availability

We strive to maintain 99.5% uptime but make no guarantees. The Service is provided "as-is" and may be subject to scheduled or emergency maintenance. We are not liable for downtime, data loss, or service interruptions beyond our control.

5.4 Data Limitations

Historical storm data is limited to 2 years of records. Property searches are limited per plan tier. Data accuracy depends on source data and may not be 100% complete or current.

6. User Responsibilities

You agree to:

• Use the Service only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations
• Not transmit viruses, malware, or any malicious code
• Not engage in harassment, threats, or abusive conduct
• Not infringe on intellectual property or privacy rights of others
• Respect rate limits and API usage restrictions

7. Intellectual Property

7.1 Company Ownership

The Service, including all content, features, functionality, logos, trademarks, and technology, is owned by Kikinpa LLC or its licensors. All rights are reserved. You obtain no ownership rights by using the Service.

7.2 User Content

You retain ownership of any data or content you upload to the Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive license to use, modify, reproduce, and display it for the purpose of providing the Service. You warrant that you own or have the right to upload such content and that it does not infringe third-party rights.

8. Limitation of Liability

8.1 Disclaimer

THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIKINPA LLC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

8.3 Your Remedies

Your sole remedy for dissatisfaction with the Service is to discontinue use and cancel your subscription.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kikinpa LLC and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party rights; or (d) your User Content or conduct.

10. Acceptable Use Policy

You agree not to use the Service to:

• Conduct illegal activities or facilitate fraud
• Abuse, harass, or threaten other users or employees
• Spam, phish, or engage in social engineering
• Circumvent security controls or access unauthorized areas
• Scrape data without authorization
• Resell or commercialize access to the Service

11. Third-Party Content

The Service may contain links to third-party websites or integrations. We are not responsible for third-party content, accuracy, or practices. Your use of third-party services is subject to their terms and privacy policies. We are not liable for any harm resulting from third-party content or services.

12. Data Accuracy Disclaimer

Storm event data, affected area boundaries, and property information are provided for informational purposes. While we strive for accuracy, we do not guarantee the completeness, accuracy, or timeliness of all data. Users should verify critical information independently and not rely solely on our Service for legal, financial, or insurance decisions. We are not liable for inaccuracies or losses resulting from reliance on Service data.

13. Modifications to Service

We may modify, suspend, or discontinue any aspect of the Service at any time with or without notice. We are not liable to you for any modification, suspension, or discontinuation of the Service. In the event of material changes affecting your subscription, we will provide reasonable notice.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Broward County, Florida.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt informal resolution by contacting us at kikinpallc@gmail.com with a detailed description of your dispute.

15.2 Arbitration

Any dispute arising under or relating to these Terms shall be resolved by binding arbitration in Broward County, Florida, under the rules of the American Arbitration Association (AAA). You waive your right to litigation in court.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Kikinpa LLC regarding the Service and supersede all prior negotiations, agreements, and understandings.

18. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 30 days before taking effect. Your continued use of the Service constitutes acceptance of the updated Terms.

19. Contact Information

For questions about these Terms of Service, please contact us at:

We will respond to inquiries within 30 business days.