GENERAL TERMS OF USE OF WINDYAPP SERVICES

 

EFFECTIVE DATE: November 9, 2023

 

1. PREAMBLE

1.1 Welcome to Windyapp.co website and windy.app mobile app (jointly, the “App”) owned and operated by Windy Weather World Inc., a company having its registered office at  2093 Philadelphia Pike, Claymont, Delaware (“WindyApp” or “we”, “our”, “us”).

1.2 These General Terms of Use of WindyApp services (the “Terms”) provide the general terms under which WindyApp offers and performs its Services (as defined below) to users. 

1.3 Our Services and the App can be accessed and used by individuals or legal entities subject to Eligibility requirements (the “User” or “you”, “your”).

1.4 These Terms is the legal binding agreement between WindyApp and you. The Terms regulate your use of our App and Services and contain important information regarding your legal rights, remedies, and obligations. Please read these Terms carefully.

1.5 By accessing our App, registering with us, using our Services, or accessing any data or visual content or material through the App, you agree to comply with the following Terms and all applicable laws and regulations. If you do not agree to be bound by these Terms, you shall not use or access this App and our Services.

1.6 We reserve the right to modify, terminate or otherwise amend these Terms, our offered services, plans and fees at any time with or without any notice.

 

2. PERSONAL INFORMATION

2.1 WindyApp may obtain or receive personal information of our Users. We keep the personal information safe and confidential as described in our Privacy Policy. 

2.2 WindyApp strictly adheres to the applicable data protection law and endeavors to treat all personal data with due care. 

2.3 Please read our Privacy Policy to learn more.

 

3. WINDYAPP SERVICES

3.1 WindyApp provides an online platform with weather information and other related content, as well as other products and services that may be developed from time to time (jointly, the “Services”). The Services can be accessed through the Website or App. WindyApp provides other related services, including, without limitation, hosting and maintaining the App, enabling other features.

3.2 The nature of our Services is merely to display and visualize weather forecast data supplied by third parties (“Supplied Data”). We may generate original data of third-party suppliers and merge such Supplied Data with one or more suppliers. We may supplement the Supplied Data with our Content.

3.3 For the avoidance of doubt, our Services do not involve interpretation of any content displayed on or through the App, nor do we provide the Users with any meteorological services. WindyApp is not the creator of Supplied Data and shall not be responsible for any incorrectness and inaccuracy of Supplied Data. WindyApp is not responsible for any weather warnings, observations, and warnings for a variety of weather. Our Supplied Data may not be updated at the time you check it. 

3.4 Any Content shall not be regarded as a recommendation, and each User shall check the accuracy of such Content. Any actions (inaction) shall be taken on the User’s own judgement. 

 

4. ACCOUNT REGISTRATION

4.1 To access certain features, Users must register for an account at windyapp.co (the “Account”). You can register for an Account if you provide true, accurate, and complete information about yourself, and keep your Account information updated to maintain its truthfulness, accuracy, and completeness.

4.2 We keep your personal information safe and confidential as described in the Privacy Policy. 

4.3 Users shall be responsible for the security of their Account and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your Account, including any transactions made through it.

4.4 We may, at our absolute discretion, refuse to register a person or legal entity as a User.

4.5 During registration, you will be asked to choose a username and password for the Account. As a User, you agree, and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this App. You authorize WindyApp to assume that any person using the App with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

 

5. FEES AND PAYMENT TERMS

5.1 Free and Paid Services

5.1.1 We offer free and paid Services as more detailed on the App (hereinafter the “Free Service” and “Paid Service” respectively). 

5.1.2 The sale price of the Paid Services is that published at the moment you submit the related purchase order. 

5.2 Subscription, One-time purchase, price changes

5.2.1 Paid Services are offered on a subscription basis (“Subscription”) or as a lifetime one-time purchase. Paid Services can be purchased through the App, third party digital stores, such as App Store, Google Play or other authorized third party. If you purchase Paid Services through a third party, additional terms and conditions of the third party will apply.

5.2.2 By subscribing or purchasing our Paid Services, you authorize WindyApp or our authorized payment processor to collect such fees on your behalf and for each respective recurring interval until you cancel the Subscription.

5.2.3 Information related to accepted payment methods are made available during the purchasing process. 

5.2.4 The Subscription is automatically renewed for the next Subscription term unless you cancel your subscription at any time, but no less than one day before the first day of the next billing cycle. 

5.2.5 If you purchased the Subscription through a third party, you may cancel the Subscription through such third party according to their terms of service.

5.2.6 WindyApp may change the fees for the Paid Services at any time and its sole discretion. New pricing takes effect upon renewal of the Subscription.

5.2.7 You accept the new price by continuing to use the respective Paid Service after the price change takes effect. 

5.3 Refund Policy

5.3.1 WindyApp may consider giving a refund for the Paid Services if 

- you submit your refund request stating a reason for the request within 14 days after the date of your purchase;

- if you purchased any subscription or life-time purchase other than software or product download.

5.3.2 WindyApp will review the refund request and provide a refund if:

- the User did not mean to make the purchase;

- a child/minor made the purchase without the User’s permission;

- the User did not intend to renew a subscription;

- the Services are defective and did not work in accordance with the description on our App.

5.3.3 After the first 14 days you will not be eligible for a refund (or any alternative remedy) unless the Services are defective, unavailable, or don’t perform as stated.

5.3.4 Please submit your refund request at  windy@windyapp.co.

5.3.5 If you purchased the Service through a digital store or third party provider, their refund policy may apply.

5.4 Free Trials

5.4.1 If we grant access to our Paid Services for a free trial period, you may only use the Services for the purpose of evaluation. The Users cannot use the Services beyond one free trial period.

5.4.2 To begin a free trial, we will ask you to provide your payment details. Once the free trial period ends, you will be automatically and immediately billed for the paid subscription unless you cancel it one day before the first day following the end of the free trial. 

5.5 Maintenance 

5.5.1 From time-to-time WindyApp can (but is not obliged) to perform upgrades and updates of any of the Services, including Paid Services. If available, such upgrades and updates may include bug fixes, new features, or enhancements. 

5.5.2 WindyApp and our Suppliers may, from time to time, suspend or remove any Content or partially or entirely discontinue the Paid Service for the period of maintenance and the like.

5.5.3 WindyApp will provide the User of all Services with support services (“Support Services”). Support Services are provided via email windy@windyapp.co. We will process your request 24/7.

 

6. USING OUR SERVICES

6.1 Eligibility

6.1.1 Our Services are available and may only be used by individuals who have reached the age of 16 or the legal age as defined by your country of residence. If you are 13 years of age up to 16, you need to obtain a written parental or guardian consent, unless the law of the country of your residence prescribes higher age requirements, in which case you need to meet such requirements.

6.1.2 If you are a company or a legal entity, you are permitted to use the Services only if you validly exist, have full legal capacity and are a company duly organized under applicable law of your jurisdiction. 

6.2 License Grant in relation to the Services and Content

6.2.1 WindyApp is the sole owner or lawful licensee of all the rights and interests in the App and Services. You acknowledge and agree that the App and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights in the App and its –°ontent, including Supplied Content, shall remain with WindyApp, our affiliates or licensors of the Content and Supplied Content, as the case may be. All rights not otherwise claimed under the Terms or by WindyApp are hereby reserved.

6.2.2 Subject to your compliance with these Terms, as well as any other applicable policies, laws, and regulations, WindyApp grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited, license to access to and use the Services and Content under the following conditions:

- You may use the Services and Content unless terminated by you or WindyApp in accordance with these Terms;

- You may use the Services and Content for your own personal and non-commercial use;

- You may not transfer the rights granted under these Terms to any third party;

- You agree to abide by the terms and conditions of these Terms and not use our Services, the Content, or any part thereof in any manner not expressly permitted herein.

6.2.3 Subject to your compliance with these Terms, as well as any other applicable policies, laws, and regulations, WindyApp grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited, license to access to, download, copy, and use Supplied Content, that includes pictures, animations, screenshots, video captures or any other form of visual images, under the following conditions:

- Attribution. You must make sure that all of the Supplied Content used in your media include the source in the form of the source of the Supplied Content (if present) or WindyApp logo or the following description in cases of small-size cut-outs: ‘Source: windyapp.co’, and, where possible (e.g. when used on your website), include a hyperlink to the WindyApp.

- Fair Use. You may use the Supplied Content in your media as long as you do it fairly and not contrary to our interests in the development and promotion of our Services. The use of Supplied Content is possible for education purpose only within the fair use.

- No Modification. You are not allowed to modify the Supplied Content other than as the WindyApp features allow you to do, but you may make necessary adjustments (such as scaling) required for their use in your media.

6.2.4 Notwithstanding the foregoing, the permission to use Supplied Content does not include any Supplied Content of the weather radar map overlay or webcam images.

6.2.5 You should directly contact us if you want to use any Content or Supplied Content for commercial use. You cannot use Content or Supplied Content for commercial use unless you obtain an explicit written permission from WindyApp or our licensors as the case may be.

6.2.6 WindyApp widget

Embeddable widgets are intended for media use and are available at windy.app/widgets.The WindyApp logo must be present and clickable (leading to the App), and they are not allowed to be used by weather apps and other commercial websites.

6.2.7 No ownership interest in the Services and Content is bestowed to you pursuant to these Terms. WindyApp and our licensors retain ownership of all of the copies of our software applications and Content, even after their installation on your personal computers, mobile handsets, tablets, and/or other devices.

6.2.8 The Services, Content and Supplied Content are protected by applicable intellectual property laws, including United States copyright law and international treaties.

6.2.9 We and our licensors retain all rights, titles, and interests in and to the Services, Content and Supplied Content, and all related intellectual property rights, including trademarks (whether registered or pending), domain, and business names.

6.2.10 Except for the rights expressly granted to you in these Terms, we grant no right, title, or interest in our Services or Content and Supplied Content to you.

6.2.11 We reserve the right, at any time and without any compensation, to revoke the permission to use the Supplied Content, other Content, and services, granted to you, or to change the terms under which they may be used. We may also offer the Supplied Content under separate terms or stop distributing the Supplied Content at any time. 

6.2.12 Promotional materials, advertisements, consumer goods

The use of Supplied Content in promotional materials, within a commercial or advertisement or as a part of consumer goods (e.g. T-shirts, cups, posters, office equipment, printed advertisements) is not allowed except for cases in which it was expressly arranged with WindyApp in advance on the basis of a separate agreement.

6.2.13 You acknowledge that third party applications, websites, and other services may be integrated with our Services. As a result, our Services may interact with such third-party applications (the “Third-Party Applications”). These Third-Party Applications are subject to their own terms and conditions, privacy policies that may be applicable to you if you use the Services. The Third-Party Applications terms and conditions supersede and control over any conflicting terms of these Terms. You understand and agree that WindyApp does not endorse and is not responsible or liable for the functioning, features, or content of any Third-Party Application or Device, nor does WindyApp warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.

 

7. ADVERTISING THROUGH WINDYAPP SERVICES

7.1 In consideration of the rights granted to you under the Terms, you grant us the right to provide advertising and other information to you, and to allow our business partners to do the same. Any part of our Services and the Content you access may contain advertising as part of the Content.

 

8. FURTHER DEVELOPMENT

8.1 WindyApp may (but is not obligated to) continue development of the Services, its functionalities, or components, or keep the Services and its Content functional or available at all times. 

 

9. PROHIBITED USE

9.1 Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third-party to: 

9.1.1 reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Services, Content, Supplied Content, or its technological features or measures; 

9.1.2 rent, lease, sell, resell, loan, distribute, or sublicense access to any Services, Content, or Supplied Content

9.1.3 circumvent or disable any security or technological features or measures of the Services, Content, or Supplied Content; 

9.1.4 use our intellectual property rights without our express prior written authorization or in violation of these Terms;

9.1.5 use the Services beyond the time period allotted;

9.1.6 use the Services, or Content with an intent to build a competitive product or service, or copy or substantially copy any ideas, features, functions, organization, structure, application program interface, graphics, or user interface of the Services, Content, Supplied Content;

9.1.7 use any automated tool (e.g., robots, spiders) to access or use the Services, Content, or Supplied Content, or to store, copy, modify, distribute, or resell any Service Content, or Supplied Content;

9.1.8 circumvent or disable any rights management, usage rules, or other security features of the Content, or Supplied Content;

9.1.9 use the Services, Content, or Supplied Content in a manner that overburdens or threatens the integrity, performance, or availability of the Services, Content, or Supplied Content; or 

9.1.10 remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services, Content, or Supplied Content.

 

10. SERVICE AVAILABILITY 

10.1 WindyApp reserves the right at any time, without prior notice and without stating reasons, all without liability to you, for any reason we see fit, to do any of the following:

- Change, adapt, partially or entirely discontinue the Services;

- Change, update or upgrade the software version of the Services;

- Terminate the operation of a particular version of the Services or their function;

- Make any Free Service as Paid Service.

 

11. USER CONTENT

11.1 By providing to WindyApp or displaying any information, content, material, feedback, ideas, or suggestions except for personal data which is governed by our Privacy Policy (“User Content”) on the App, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to WindyApp to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the App and the provision of any Services. You confirm and warrant to WindyApp that you have all the rights, power, and authority necessary to grant the above license. You shall not post or provide any confidential information.

11.2 User Content that violates these Terms will be removed and may result in termination and/or removal of your Account without prior notice. If you become aware of user content that you believe violates these Terms, you may report to us. 

11.3 Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.

11.4 You may not post, or contribute by any other means, any User Content to our Services that is or includes material that (a) is offensive, abusive, defamatory, pornographic, threatening, or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including violations of the intellectual property rights, privacy rights, or proprietary rights of WindyApp or a third party; (c) includes malicious content such as malware, Trojan horses, or viruses, or that otherwise interferes with any User’s access to the Services; (d) links to, references, or otherwise promotes commercial products or services, except as expressly authorized by WindyApp; or (e) contradicts with these Terms as can be determined by WindyApp’s sole judgement.

11.5 WindyApp may, but has no obligation to, monitor, review, or edit User Content. In all cases. WindyApp reserves the right in its sole discretion to remove any material displayed on the App which it reasonably believes is unlawful, could subject WindyApp or other Users to liability, violates these Terms or is otherwise found inappropriate in WindyApp’s opinion. WindyApp reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

11.6 The license shall survive the termination of your use of the Services. Your removal of the User Content shall not affect the License, and WindyApp as well as third parties shall be entitled to continue using the User Content in line with the License; however, it may be anonymized by WindyApp.

 

12. WARRANTY DISCLAIMER

12.1 You understand and agree that the Services are provided on “as is” and “as available” basis, with no warranty as to the accuracy, completeness, uninterrupted provision of the Services, Content, Supplied Content, or any other warranty of any kind. Any warranty implied by statute or otherwise is hereby excluded to the fullest extent permissible by law.

12.2 We do not make any guarantee whatsoever with regard to the functionality, availability, or quality of the Services, and do not assume any responsibility for the accuracy, completeness, or quality of the information provided through the Services, Content and Supplied Content, nor are we responsible for ensuring that the information provided through the Services is up to date.

12.3 In addition, WindyApp makes no representation, nor does it warrant, endorse, guarantee, or assume responsibility for any Third Party Applications (or the content thereof), User Content, other product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising.

12.4 No advice or information, whether oral or in writing, obtained by you from WindyApp shall create any warranty on behalf of WindAppy.

 

13. EXEMPTION FROM LIABILITY

13.1 In no event will WindyApp be liable or obliged to compensate you or any third party for any losses, expenses, or damage, including loss of profit, whether monetary or non-monetary, caused in particular, however, not exclusively, by the:

- use of the Services, Content and Supplied Content by all means of use;

- operation of the Services, Content and Supplied Content, including administrative and technical activities associated with the operation of the Services;

- functionality of the Services themselves, including the availability of the Services; or

- matters otherwise related to the Services, the Content or Supplied Content.

13.2 You agree that WindyApp has no obligation or liability arising from or related to Third-Party Applications or the content thereof made available through or in connection with the Services.

13.3 You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any WindyApp software and to stop using the Services.

13.4 In all other cases, any liability of WindyApp towards you and third parties is limited to the statutory maximum limits.

13.5 This Section applies to the fullest extent permitted by applicable law.

 

14. INDEMNIFICATION

14.1 To the full extent permitted by applicable law, you shall defend, indemnify, and hold harmless WindyApp, its affiliates and its licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to any third-party claim concerning: (a) your use of the Services, and any activity in which you engage on or through the Services; (b) breach of these Terms or violation of applicable law by you; (c) any content or the combination of such content with other software, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by such content or combination; or (d) any User Content you post or otherwise contribute to the Services.

 

15. TERM AND TERMINATION

15.1 These Terms will remain in full force and effect while you use the App and Services.

15.2 We reserve the right to restrict your access, temporarily or indefinitely suspend Services, terminate these Terms with you, if:

a) you breach these Terms or other applicable laws and regulations;

b) we believe that your actions may cause any loss or liability to our Users or to us;

c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, us, or our affiliates; may be contrary to the interests of the App or the user community; or may involve illicit activity. 

15.3 Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, Sections Sections 9 (Prohibited Use), 11 (User Content), 12 (Warranty Disclaimer), 13 (Exemption from Liability), 14 (Indemnification), 15 (Term and Termination), 16 (Notices), 17 (Final Provisions).

 

16. NOTICES

16.1 Any notice or other communication to be given to us under these Terms shall be in writing in the English language. Any notice or other communication from Users shall take effect only when received by us unless such notice or another communication is contrary to these Terms.

16.2 You agree that we may send you any notices and information related to your use of the Services and your Account (including payment authorizations, invoices, changes of your password, confirmation messages, etc.) in electronic form, for example, via email to your email address provided during your registration.

 

17. FINAL PROVISIONS

17.1 Entire Agreement

17.1.1 These Terms constitute the entire agreement between you and WindyApp with respect to your use of the App, use of the Services. For issues related to any of the above, the User agrees to rely only on these Terms with respect to the subject matter hereof.

17.1.2 These Terms supersede any prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter hereof. There are no representations, understandings or agreements relating to these Agreement that are not fully expressed in these Terms.

17.2 Severability

17.2.1 If any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

17.3 No Waiver

17.3.1 No waiver by either party of any default by the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character.

17.4 Interpretation

17.4.1 The words “include”, “includes”, “including” and “included” are to be construed as if they were immediately followed by the words “without limitation”, except where explicitly stated otherwise.

17.5 Assignment

17.5.1 WindyApp reserves the right to assign its obligations and duties in these Terms to any person or entity. The User cannot assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

17.6 Third Party Rights

17.6.1 A person who is not a party to these Terms has no rights under these Terms to enforce any terms and conditions of this document. No rights are intended to be created hereunder for the benefit of any third-party creditor, or incidental beneficiary.

17.7 Conflict with consumer protection and other mandatory laws

17.7.1 These Terms does not affect your mandatory statutory rights to the extent that you may be entitled to such mandatory statutory rights/ 

17.8 Governing Law, Dispute Resolution

17.8.1 These Terms shall be construed and governed by the laws of Delaware without prejudice to its conflict of laws.

17.8.2 Further, you and WindyApp agree to the exclusive jurisdiction of the territorially competent courts in Sussex County, within the State of Delaware to resolve any dispute, claim, or controversy that may arise in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) in accordance with the laws of Delaware.

17.9 Modifications, Suspension and Termination of Services

17.9.1 WindyApp reserves the right to reasonably change the content of the Services. We reserve the right to modify, suspend or terminate any Services or products available through the App, at any time for any reason with or without notice to you.

17.9.2 WindyApp reserves the right, at its sole discretion, to change these Terms. If we revise these Terms, new version of the Terms will become effective as soon as they have been published on the App. 

17.9.3 WindyApp will take reasonable steps to notify the Users of the change by appropriate means. However, the User remains solely responsible for periodically reviewing these Terms. 

17.9.4 Your continued use of the Services following the posting of such changes will constitute your acceptance of the changes. If you do not wish to continue using the Services under the new version of the Agreements, you may terminate your Account by contacting us or deleting it directly within the App.

17.9.5 WindyApp may revise any fees and other payment terms. New pricing will not affect your current Paid Services. If you do not agree to the new fees and payment terms, you can cancel the applicable Paid Service before next billing cycle.

17.9.6 We reserve the right to terminate the Services or any part thereof at any time, without prior notice, and without any compensation to the Users.

 

18. CONTACT US

18.1 If you have questions in relation to these Terms, please contact us at windy@windyapp.co.

 

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