Terms of Service
These Terms of Service (the "Terms") are a legal agreement between you and TALON ("TALON," "we," "us," or "our"). They govern your use of the TALON website at talonradar.com, the TALON web app, and every related feature, feed, alert and subscription (together, the "Service").
Please read these Terms carefully. Section 16 contains a binding arbitration agreement and a class action waiver. It requires most disputes to be resolved individually through arbitration rather than in court or as part of a class action. You can opt out within 30 days (see Section 16.8).
TALON is not an official warning source. Never rely on it alone to protect life or property (see Section 2).
By opening, browsing or using the Service, creating an account, or buying a subscription, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
- About the Service
- Not an official warning source
- Eligibility
- Accounts and usernames
- TALON Pro subscriptions
- Acceptable use
- Our intellectual property
- Third-party data and services
- Your content
- Storm chasing and driving
- Disclaimers
- Limitation of liability
- Indemnification
- Suspension and termination
- Changes to the Service or Terms
- Dispute resolution and arbitration
- Governing law and venue
- Copyright complaints
- General terms
- Contact
1. About the Service
TALON is a weather radar and storm-tracking service. It displays weather observations, radar imagery, warnings, forecasts, nowcasts, storm and rotation analysis, lightning and related information drawn from public and third-party sources, together with analysis produced by TALON's own proprietary systems. Some features are free. Others require a paid subscription ("TALON Pro"). We decide which features are free and which are paid, and we may change that mix over time.
2. Not an official warning source
TALON is provided for general information only. It is not an official source of weather warnings, watches, advisories or emergency information, and it is not a substitute for the National Weather Service, local emergency management, NOAA Weather Radio, Wireless Emergency Alerts, outdoor sirens, broadcast meteorologists, or the instructions of public safety officials.
- Data can be late, incomplete or wrong. Radar, observations and feeds can be delayed, missing, degraded, or interrupted. Radars have blind spots and beam-height limits, and data can contain artifacts, clutter and errors.
- Forecasts and nowcasts are estimates. Projected paths, arrival times, cones, threat levels, rotation and debris indicators, potential tornado strength, probabilities and similar outputs are computer-generated estimates. They can and will sometimes be wrong, including missing dangerous weather or flagging weather that never happens.
- Alerts may not arrive. In-app and device notifications depend on your device, browser, settings, battery, network connection and third-party services. They can be delayed, suppressed or fail entirely. Do not depend on TALON as your only way to be warned.
- You are responsible for your safety decisions. Always follow official warnings and the instructions of local authorities. When a warning is issued for your area, take shelter or act right away. Do not wait for TALON to confirm it.
3. Eligibility
You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, and a parent or guardian must buy any subscription and agree to these Terms for you. The Service is not directed to children under 13, and we do not knowingly collect personal information from them. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including if you are on a U.S. government list of prohibited or restricted parties.
4. Accounts and usernames
- Your account. Some features require an account. You agree to give accurate information, keep it current, and keep your sign-in credentials secure. You are responsible for everything that happens under your account. Tell us right away at legal@talonradar.com if you think your account has been accessed without permission.
- One person per account. Accounts and subscriptions are personal. You may not share, sell, rent, transfer or pool an account or subscription, or let others use your login.
- Usernames. Every account has a username, which may be visible to other users in current or future features. Your username may not impersonate any person or organization (including the National Weather Service, any government agency, any media outlet, or TALON), suggest an official role you do not have, infringe anyone's rights, or be offensive, hateful, sexual, or misleading. We may reclaim, change or remove any username at our discretion, including usernames that are inactive or held only to block others.
- Administrative access. Certain tools and features are reserved for TALON's operator and are not part of any plan offered to users.
5. TALON Pro subscriptions
Automatic renewal. TALON Pro is offered as a monthly or yearly subscription that renews automatically at the end of each billing period, and your payment method will be charged the then-current price (plus any applicable tax) at the start of each new period until you cancel. You can cancel online at any time, and cancellation takes effect at the end of the current billing period.
5.1 Price and billing
The price, billing frequency, and what is included in TALON Pro are shown to you before you subscribe. By subscribing, you give your affirmative consent to these recurring charges and authorize us and our payment processor to charge your payment method on each renewal date. Payments are processed by Stripe, Inc. We do not receive or store your full card number. Prices are in U.S. dollars unless stated otherwise and do not include taxes unless stated. You are responsible for any applicable sales, use, or similar taxes, which we may collect where required.
5.2 Free trials and promotional offers
If we offer a free trial or discounted introductory price, we will tell you its length, the price you will be charged when it ends, and the date of that first charge before you sign up. Unless you cancel before the trial or promotional period ends, your subscription will automatically convert to a paid subscription at the regular price. Where required by law, we will send you a reminder before a free trial converts or before an annual subscription renews. Trials are limited to one per person.
5.3 How to cancel
You can cancel at any time, online, using the same method you used to sign up: go to your account settings in TALON and choose Manage subscription, or use the link in any receipt email. Cancellation will never be harder than signing up was. You can also email legal@talonradar.com and we will cancel for you. After you cancel, you keep Pro access until the end of the period you already paid for, and you will not be charged again.
5.4 Refunds
Except where required by law or stated otherwise in this section, payments are non-refundable, and we do not give refunds or credits for partial billing periods or unused features. If you are charged for a renewal you did not intend and you contact us within 14 days of the charge without having materially used Pro features since then, we will refund that renewal. If you live in a jurisdiction that gives you a legal right to withdraw from or cancel a purchase within a set period, nothing in these Terms limits that right.
5.5 Price and plan changes
We may change subscription prices or plan features. We will give you clear advance notice of any price increase (at least 30 days, or longer if the law requires it) before it applies to your next renewal, and you can cancel before it takes effect. If you do not cancel, the new price applies from your next renewal.
5.6 Failed payments and disputes
If a payment fails, we or Stripe may retry it, and we may suspend Pro features until payment succeeds. If you think a charge is wrong, please contact us first. We will work to resolve it quickly. Opening a chargeback without contacting us may lead to suspension of your account while the dispute is reviewed.
5.7 Availability of Pro features
Many Pro features depend on data from third parties that we do not control (Section 8). If a data source becomes unavailable, we may replace, change or remove a feature. If we permanently remove a substantial part of TALON Pro during a billing period you paid for, you may cancel and ask for a pro-rated refund for the unused portion.
6. Acceptable use
You agree not to, and not to help or allow anyone else to:
- copy, scrape, crawl, harvest, mirror, frame, or systematically download content, data, imagery, or outputs from the Service, by automated means or otherwise, except for normal personal use through the TALON interface;
- reverse engineer, decompile, disassemble, deobfuscate, or otherwise try to derive the source code, algorithms, models, methods, thresholds, parameters, or processing techniques of the Service, except to the limited extent applicable law expressly permits despite this restriction;
- access the Service through any API, endpoint, or interface other than the ones we provide to the public, or call TALON's internal endpoints, workers, or modules from outside the TALON app;
- bypass, disable, or interfere with any paywall, access control, rate limit, usage limit, or security feature, or access Pro features without a valid subscription;
- use the Service, or any of its outputs, to build, train, test, benchmark, fine-tune, or improve a competing product or service, or any machine-learning or artificial-intelligence model or dataset;
- resell, sublicense, redistribute, rebroadcast, or commercially exploit the Service or its outputs, or present TALON outputs as an official warning or as your own product, without our written permission;
- remove, hide, or alter any attribution, copyright notice, disclaimer, or label;
- impersonate any person or organization, or misrepresent your affiliation with any person or organization;
- upload or transmit malware, or overload, disrupt, probe, or attack the Service, its infrastructure, or the third-party data sources it relies on;
- use the Service in any way that is unlawful, harmful, fraudulent, or that infringes or violates anyone's rights; or
- harass, threaten, stalk, or dox anyone, including other storm chasers, through any feature of the Service.
Sharing an occasional screenshot of what you see in TALON for non-commercial purposes (for example, on social media) is fine, as long as TALON's branding and attributions stay visible and you do not present it as an official warning.
7. Our intellectual property
7.1 Ownership
The Service and everything in it, including its software, source and object code, design, interface, look and feel, visual styles, color scales and presentations, text, graphics, logos, and the TALON name and marks, as well as all analysis, detection, tracking, nowcasting, and forecasting systems and their outputs, are owned by us or our licensors and protected by copyright, trademark, trade secret, and other laws. Public-domain government data shown in the Service remains in the public domain. Our rights cover our selection, arrangement, processing, and presentation of it and everything we derive from it.
7.2 Trade secrets
The methods, algorithms, models, thresholds, parameters, data pipelines, source selection, and processing techniques used to operate the Service are confidential trade secrets of TALON. We describe features in general terms so you know what they do. We do not license, disclose, or waive any rights in how they work. Nothing in the Service, its documentation, its code as delivered to your browser, or these Terms grants you any right to use, copy, or disclose them.
7.3 Your license to use the Service
Subject to these Terms (and, for Pro features, an active subscription), we give you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal use. All rights not expressly granted are reserved.
7.4 Trademarks
"TALON," "Total Atmosphere Live Observation & Nowcasting," the TALON logo, and related names and marks are our trademarks. You may not use them without our prior written permission, except to refer accurately to the Service.
7.5 Feedback
If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation or compensation to you.
8. Third-party data and services
The Service displays information from government agencies, research institutions, map providers, lightning networks, and other third parties, and relies on third-party service providers to operate. Attributions appear in the app. We do not control these third parties, and we are not responsible for their data, content, availability, accuracy, or practices. Their data may be changed, delayed, restricted, or withdrawn at any time without notice to us. Your use of any third-party service (such as a payment processor or sign-in provider) may also be subject to that third party's own terms and privacy policy. Links to third-party websites are provided for convenience only.
Government data is provided by the originating agency without warranty, and its inclusion does not imply endorsement of TALON by any government agency.
9. Your content
Some current or future features may let you submit content, such as storm reports, photos, locations, comments, or profile information ("Your Content"). You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt, and distribute Your Content as needed to operate, improve, and promote the Service. You confirm that you have the rights needed to grant this license and that Your Content does not violate these Terms or anyone's rights. We may remove any content at any time. We do not endorse user content and are not responsible for it. Do not submit false reports, and never post someone else's location or personal information without their consent.
10. Storm chasing and driving
Storm chasing and severe weather are dangerous and can cause serious injury or death. If you choose to approach or follow storms, you do so entirely at your own risk.
- Do not use TALON while driving. Chase mode and other features are meant for a passenger or for use while safely stopped. Obey all traffic laws, including laws on handheld device use. Never let the app distract you from the road.
- Positions and paths are approximate. Your GPS position, a storm's position, its projected path, and any distance, bearing, "in path," or ETA readout can be wrong, delayed, or out of date. Radar sees storms minutes late and from far above the ground. Never use TALON to judge how close you can safely get to a storm or a tornado.
- Respect others. Do not block roads, trespass, interfere with emergency responders, or put other people at risk.
11. Disclaimers
To the fullest extent permitted by law, the Service and all data, content, forecasts, nowcasts, alerts, and outputs are provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, timeliness, completeness, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any alert or notification will be delivered, or that any information will be accurate or reliable.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
12. Limitation of liability
To the fullest extent permitted by law, in no event will TALON, its owner, operators, affiliates, contractors, licensors, or data providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or property, or for personal injury or death, arising out of or related to the Service, any weather event, any reliance on the Service, any failure or delay of any alert, or these Terms, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we were advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) US $50.
These limitations apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for gross negligence or intentional misconduct where the law does not allow it to be limited.
13. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless TALON and its owner, operators, affiliates, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use or misuse of the Service, (b) Your Content, (c) your violation of these Terms or any law, or (d) your storm chasing, driving, or other activities, including claims arising in part from our own alleged negligence, except to the extent a court or arbitrator finds the claim was caused by our gross negligence or willful misconduct.
14. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or end your access, remove content, or close your account at any time if we reasonably believe you have violated these Terms, created risk or legal exposure for us or others, or if we are required to by law. If we terminate a paid subscription without cause, we will refund the unused portion of your current billing period. If we terminate for your violation of these Terms, no refund is due except where required by law. Sections 2, 6 through 13, and 16 through 19 survive any termination.
15. Changes to the Service or Terms
We are always improving TALON, and we may add, change, or remove features at any time. We may update these Terms from time to time. If we make material changes, we will notify you in advance by posting the updated Terms with a new "Last updated" date and, when the change is material, through the Service or by email. Changes take effect when posted unless we say otherwise, but changes to fees are governed by Section 5.5, and material changes to Section 16 will not apply to any dispute you notified us of before the change. If you do not agree to updated Terms, stop using the Service and cancel any subscription. Continuing to use the Service after changes take effect means you accept them.
16. Dispute resolution and arbitration
Please read this section carefully. It affects your legal rights.
16.1 Try to resolve it informally first
Before starting arbitration or a court case, you and we each agree to first send the other a written notice of the dispute that describes the claim and the relief requested, and to try in good faith to resolve it informally for at least 60 days. Send your notice to legal@talonradar.com with the subject line "Notice of Dispute," including your name, account email, and username. We will send ours to the email address on your account. Any statute of limitations is paused during this period.
16.2 Agreement to arbitrate
If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, scope, enforceability, or validity of this arbitration agreement) will be resolved by binding individual arbitration rather than in court, except as stated in Section 16.4. This agreement is governed by the Federal Arbitration Act.
16.3 How arbitration works
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. If the AAA is unavailable, the parties will agree on another administrator or a court will appoint one. Fees are paid as the AAA consumer fee schedule provides. Unless the arbitrator finds your claim frivolous, we will pay any filing, administration, and arbitrator fees beyond what you would pay to file a case in court. Hearings may be held by video or phone or, if in person, in the county where you live or in Dallas County, Texas, at your choice. The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
16.4 Exceptions
Either party may (a) bring an individual claim in small claims court if it qualifies and stays there, and (b) seek an injunction or other equitable relief in court to protect intellectual property, trade secrets, or confidential information, or to stop unauthorized access to or misuse of the Service.
16.5 Class action and jury trial waiver
You and we each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and we each waive any right to a jury trial. If this class action waiver is found unenforceable as to any claim or form of relief, that claim or relief will be severed and decided by a court after the individual arbitration ends, and the rest of this section will still apply.
16.6 Mass arbitration
If 25 or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, the demands will be administered in batches of up to 25 under the AAA's mass arbitration supplementary rules, with one arbitrator per batch, and the parties agree to cooperate in good faith to resolve them efficiently. Statutes of limitations are paused for demands awaiting a batch.
16.7 Severability
If any part of this Section 16 is found unenforceable, the rest of it stays in effect, except that if Section 16.5 is found unenforceable in its entirety, Section 16.2 will not apply and the dispute will proceed in court under Section 17.
16.8 Your right to opt out
You may opt out of this arbitration agreement by emailing legal@talonradar.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your name, account email, and username. Opting out does not affect any other part of these Terms.
17. Governing law and venue
These Terms and any dispute between you and us are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 16, any lawsuit must be brought only in the state or federal courts located in Dallas County, Texas, and you and we consent to their personal jurisdiction. If you are a consumer living outside the United States, you may also have the benefit of mandatory protections under the laws of the country where you live, and nothing in these Terms takes those away.
18. Copyright complaints
We respect intellectual property rights. If you believe content in the Service infringes your copyright, send a notice to legal@talonradar.com that includes: your physical or electronic signature; identification of the copyrighted work; identification of the infringing material and where it is located in the Service; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner. We may terminate the accounts of repeat infringers.
19. General terms
- Entire agreement. These Terms, the Privacy Policy, and any terms shown at checkout are the entire agreement between you and us about the Service and supersede any prior agreements.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible, and the rest of these Terms will remain in effect.
- No waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, including in connection with a merger, acquisition, reorganization, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including severe weather, natural disasters, outages of data sources, networks, or hosting providers, government action, or labor disputes.
- Export. You agree to comply with all applicable U.S. export control and sanctions laws.
- Notices. We may send notices to the email address on your account or through the Service. You consent to receive notices and agreements electronically.
- No third-party beneficiaries. These Terms do not give any rights to third parties.
- Headings. Headings are for convenience only. "Including" means "including without limitation."
20. Contact
Questions about these Terms? Contact us at legal@talonradar.com.
TALON
Dallas, Texas, United States