Terms of Service

Last Updated: June 15, 2023

1. Introduction

Welcome to AtmoPredict ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our weather forecasting services, website, mobile applications, and related products (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

2. Eligibility

To use our Services, you must:

  • Be at least 13 years of age (or the age of majority in your jurisdiction if higher)
  • Have the legal capacity to enter into a binding contract
  • Not be barred from receiving services under applicable law
  • Not be a competitor of AtmoPredict or using our Services for competitive purposes

3. Account Registration

3.1 Account Creation

Certain features may require account registration. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your credentials
  • Be responsible for all activities under your account
  • Notify us immediately of any unauthorized use

3.2 Account Termination

We reserve the right to:

  • Suspend or terminate accounts that violate these Terms
  • Remove or disable accounts that are inactive for extended periods
  • Modify or discontinue accounts at our discretion

4. Service Description

AtmoPredict provides weather forecasting services including:

  • Current weather conditions and forecasts
  • Severe weather alerts
  • Historical weather data
  • Customizable weather dashboards
  • API services for developers
  • Mobile applications

Disclaimer: Weather forecasts are estimates based on available data and models. While we strive for accuracy, we cannot guarantee the precision of our forecasts and are not liable for decisions made based on our Services.

5. User Responsibilities

5.1 Permitted Use

You may use our Services for personal, non-commercial purposes unless you have a separate commercial agreement with us.

5.2 Prohibited Conduct

You agree not to:

  • Use our Services for unlawful purposes
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble any part of our Services
  • Use automated systems (bots, scrapers, etc.) to access our Services without permission
  • Interfere with or disrupt the integrity or performance of our Services
  • Transmit viruses, malware, or other harmful code
  • Impersonate any person or entity
  • Harvest or collect information about users without consent
  • Use our Services to provide competing services
  • Violate any applicable laws or regulations

6. Intellectual Property

6.1 Ownership

All content, features, and functionality available through our Services, including but not limited to:

  • Software
  • Text
  • Graphics
  • Logos
  • Weather data compilations
  • Forecast models

are the property of AtmoPredict or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial use, subject to these Terms.

6.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of our Services
  • Use our content for commercial purposes without authorization
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our trademarks without written permission

7. User Content

7.1 Submission

Our Services may allow you to submit content, including:

  • Weather observations
  • Comments
  • Reviews
  • Photos

7.2 License Grant

By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and display your content in connection with our Services.

7.3 Representations

You represent and warrant that:

  • You own or have the necessary rights to the content you submit
  • Your content does not violate any third-party rights
  • Your content complies with all applicable laws

7.4 Content Moderation

We reserve the right to:

  • Monitor all user content
  • Remove or refuse to publish any content
  • Terminate accounts of repeat infringers

8. Third-Party Services

Our Services may:

  • Contain links to third-party websites or services
  • Integrate with third-party services
  • Display third-party content

We are not responsible for third-party services and do not endorse them. Your use of third-party services is at your own risk.

9. Payments and Subscriptions

9.1 Premium Services

Certain features may require payment. You agree to:

  • Pay all applicable fees
  • Provide accurate billing information
  • Authorize us to charge your payment method

9.2 Subscription Terms

For subscription services:

  • Fees are billed in advance
  • Subscriptions automatically renew unless canceled
  • You may cancel at any time, but refunds are not provided for partial periods

9.3 Price Changes

We may change prices with 30 days notice. Continued use constitutes acceptance of new prices.

9.4 Refunds

Refunds are issued at our discretion, except where required by law.

10. Service Availability

We strive to maintain Service availability but cannot guarantee:

  • Uninterrupted access
  • Error-free operation
  • Timeliness of weather data

We may temporarily suspend Services for maintenance, upgrades, or emergencies without liability.

11. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OF WEATHER FORECASTS

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WEATHER FORECASTS ARE INHERENTLY UNCERTAIN AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR IMPORTANT DECISIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATMOPREDICT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
  • DECISIONS MADE BASED ON WEATHER FORECASTS

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless AtmoPredict and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of our Services
  • Your violation of these Terms
  • Your violation of any third-party right
  • Any user content you submit

14. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

  • Your right to use our Services will cease immediately
  • You must cease all use of our Services
  • Any provisions that by their nature should survive will survive

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any disputes shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting legal@atmopredict.com.

16.2 Binding Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

16.3 Class Action Waiver

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in any class or representative action.

17. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through our Services or by email. Your continued use constitutes acceptance of the modified Terms.

18. General Provisions

18.1 Entire Agreement

These Terms constitute the entire agreement between you and AtmoPredict regarding our Services.

18.2 Waiver

Our failure to enforce any right or provision will not be considered a waiver of those rights.

18.3 Severability

If any provision is held to be invalid or unenforceable, the remaining provisions will remain in effect.

18.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights without restriction.

18.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control.

18.6 Notices

Notices may be sent via email or posted on our website.

19. Weather-Specific Provisions

19.1 Forecast Accuracy

Weather forecasts are probabilistic in nature. While we use sophisticated models, we cannot guarantee accuracy. Forecasts beyond 7 days should be considered experimental.

19.2 Emergency Situations

Our Services are not a substitute for emergency weather alerts from official sources. In life-threatening situations, follow guidance from local authorities.

19.3 Data Sources

We aggregate data from multiple sources including government agencies, private providers, and user contributions. We are not responsible for errors in source data.

19.4 API Usage

Developer API use is subject to additional terms and rate limits. Commercial use requires a separate agreement.

20. Contact Information

For questions about these Terms, please contact us:

  • By email: legal@atmopredict.com
  • By mail: AtmoPredict Legal Department, 123 Forecast Way, San Francisco, CA 94107
  • Through our website: Contact Form

These Terms of Service were last updated on the date indicated above and replace all prior versions.