These Terms of Service ("Terms") govern your access to and use of the Weatherkind application, website, and related services (collectively, the "Service"), provided by Electric Pass Labs, LLC d/b/a Weatherkind ("we", "us", or "our"). By using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By downloading, installing, accessing, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, do not use the Service. We may update these Terms from time to time; continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
3. Accounts
Weatherkind does not currently require an account to use core features. If we add account-based features in the future, you will be responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
4. The Service
Weatherkind provides weather information, forecasts, and observational tools. We generate our own forecasts on servers we control by processing and blending numerical weather prediction model guidance, including guidance published by NOAA and ECMWF. We also incorporate observations, radar, alerts, air quality, historical and climate data, and other information from the U.S. National Weather Service, EPA AirNow, NOAA, ECMWF, and other government and public sources. To provide the Service, the App may send requested locations to servers we control, and our servers may process, cache, and return weather data for those locations. The Service is provided for informational and recreational purposes only. Weather data is inherently uncertain and may be inaccurate, incomplete, or delayed.
Do not rely on Weatherkind for decisions involving life, safety, or property. For severe weather warnings and emergencies, consult official government sources and emergency services in your area.
5. Acceptable Use
You agree not to:
- Use the Service in violation of any applicable law, regulation, or third-party right;
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
- Interfere with, disrupt, or place an unreasonable load on the Service, our servers, or public weather-data source infrastructure;
- Use automated means to scrape, harvest, or otherwise collect data from the Service without our prior written consent;
- Resell, sublicense, or commercially exploit the Service or its contents without authorization.
6. Intellectual Property
The Service, including its design, text, graphics, code, and trademarks, is owned by Weatherkind or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.
7. Sundog Forecasts and Public Weather Data
Sundog generates its forecasts on servers we control by processing numerical weather prediction guidance; we do not obtain our forecasts from a third-party forecast provider. The Service also incorporates observations, alerts, radar, air-quality information, historical weather, climate data, and model guidance published by government and public sources. We do not control and are not responsible for the accuracy, availability, or content of those source datasets. Their use may be subject to terms imposed by their publishers.
Weather requests may include coordinates, place names, saved locations, request times, and standard network metadata. We use this information to operate, secure, troubleshoot, and improve the Service, and to return weather for the locations you request. We do not sell weather request data or use it to create advertising profiles.
8. Subscriptions and Payments
Weatherkind is currently offered without paid subscriptions. If paid features are introduced in the future, any fees, renewal terms, cancellation options, and refund rules will be disclosed before purchase and will be handled through the applicable app store or payment processor.
9. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Service, you consent to our handling of information as described in the Privacy Policy.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEATHERKIND AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) FIFTY U.S. DOLLARS ($50).
12. Indemnification
You agree to indemnify and hold harmless Weatherkind and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party right.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Service at any time. Sections that by their nature should survive termination shall survive.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
15. Changes to the Service
We may modify, suspend, or discontinue the Service, in whole or in part, at any time and without liability to you.
16. Contact
Questions about these Terms can be sent to hello@weatherkind.com.