Terms of Service

These Terms of Service ("Terms") govern your access to and use of Weatherkind's websites, mobile applications, Mission Control, weather API, developer tools, dashboards, alerts, data products, beta features, and related services (collectively, the "Service"). The Service is provided by Electric Pass Labs, LLC d/b/a Weatherkind ("Weatherkind," "we," "us," or "our").

1. Agreement and Order of Terms

By clicking to accept, creating or using an account or API key, purchasing a plan, downloading an application, or otherwise accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you use the Service for a company or other organization, you represent that you have authority to bind it, and "you" includes that organization.

A signed order form, enterprise agreement, data processing addendum, or service-level agreement (each, an "Order") may add to or modify these Terms. If there is a conflict, the Order controls for the subject it expressly covers, followed by these Terms and then product documentation. Purchase orders do not modify these Terms unless we expressly agree in writing.

2. Eligibility

You must be at least 13 years old to use consumer features. If you are under the age of majority where you live, a parent or legal guardian must supervise your use and agree to these Terms. You must be at least 18 and able to form a binding contract to obtain an API key, administer Mission Control, purchase a plan, or use the Service on behalf of an organization. The Service is not directed to children under 13.

3. Accounts, API Keys, and Authorized Users

Some features may require an account, API key, access token, or other credential. You must provide accurate information, keep credentials confidential, use reasonable security controls, and promptly notify us of suspected compromise. You are responsible for your account, credentials, integrations, and all activity by your employees, contractors, systems, agents, and other authorized users. You may not sell, publish, transfer, or share credentials outside your organization except with a contractor acting for you under confidentiality and security obligations. We may rotate, revoke, or require you to rotate a credential when reasonably necessary to protect the Service.

4. The Service and Product Status

The Service may include consumer forecasts and radar; the Weatherkind API and developer tools; Mission Control sites, threshold rules, notifications, connected weather stations, and verification dashboards; historical observations, public alerts, climate outlooks, maps, geocoding, and accuracy data; and tools intended for software or AI agents. Coverage, refresh frequency, response time, model inputs, features, and limits vary by location and plan.

Features labeled preview, beta, early access, experimental, or coming soon ("Beta Services") may be incomplete, change without notice, fail unexpectedly, and be discontinued at any time. Beta Services are for evaluation only, are not subject to any service-level commitment, and should not receive confidential, regulated, or production-critical data unless an Order expressly permits it.

5. Weather Is Inherently Uncertain; Your Acknowledgment

Weather forecasting is probabilistic. Conditions can change rapidly; sensors, communications, models, source datasets, and software can fail; and local conditions may differ materially from a displayed or returned value. Forecast verification and accuracy metrics describe historical performance over particular samples and do not promise present or future accuracy at any place, time, lead, or variable.

By using any weather-related part of the Service, you knowingly accept these limitations and assume all risk arising from your reliance on or use of weather information. You are solely responsible for checking the time, location, units, source, coverage, warnings, confidence, freshness, and suitability of every output; consulting official government sources and emergency services; and deciding what action to take. In the United States, consult the National Weather Service and local authorities for official warnings. Weatherkind is not an emergency service and has no duty to monitor conditions, issue or relay a warning, contact you, or take action on your behalf.

6. Mission Control, Alerts, and Connected Stations

You choose your sites, thresholds, recipients, delivery channels, hardware, and operating procedures. A rule may not trigger, or a notification may be duplicate, early, late, misrouted, or undelivered. Station data may be inaccurate because of calibration, placement, maintenance, connectivity, tampering, or other causes. Assimilation of station data does not guarantee a more accurate forecast.

You are solely responsible for station installation and maintenance; recipient consent; phone, email, webhook, and device configuration; testing rules and escalation paths; maintaining redundant official alerting and communications; and all operational, staffing, dispatch, closure, evacuation, and safety decisions. Do not configure Mission Control as the only warning channel or automated control for a safety-critical system.

7. API License and Your Products

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable right to call documented API endpoints and display or use returned data in your own products and internal operations. You must follow the documentation, attribution requirements, scopes, quotas, cache directives, geographic or source restrictions, and any Order. No rights are granted by implication.

You control and are solely responsible for your application, integration, prompts, AI-agent behavior, customer relationship, disclosures, user support, and decisions made from API output. You must provide your users with clear weather-risk warnings at least as protective as Section 5, obtain all necessary rights and consents, and implement validation, human review, fallbacks, monitoring, and safe failure modes appropriate to the risk. You may not state or imply that Weatherkind endorses your product or guarantees its output.

8. Acceptable Use and API Abuse

You must not, and must not help anyone else to:

• violate law, regulation, sanctions, export controls, privacy rights, intellectual property rights, or third-party terms;
• exceed or evade rate limits, quotas, authentication, plan limits, geographic restrictions, or security controls, including by using multiple accounts, keys, IP addresses, or coordinated clients;
• scrape the website or applications, use undocumented endpoints, or access the Service through automated means other than the documented API without our written permission;
• probe, scan, disrupt, overload, attack, reverse engineer, or attempt unauthorized access to the Service, its source systems, or another user's data, except to the extent a legal right cannot be waived;
• introduce malware; use the Service for spam, surveillance, unlawful profiling, discrimination, deception, or harassment; or conceal the origin of a request;
• resell, sublicense, redistribute, or make raw Service data available as a substitute for the Service, or build a substantially similar or competing weather-data service, except as an Order permits;
• use the Service as the sole or controlling input for emergency warning, medical care, aviation or marine navigation, autonomous vehicles, public safety, critical infrastructure control, or any other use where an error or delay could foreseeably cause death, injury, or significant property or environmental damage; or
• remove attribution, provenance, warning, copyright, or proprietary notices, or misrepresent weather output as official government data.

We may monitor usage for security, capacity, support, billing, and compliance; throttle or reject requests; and require remediation. You will reasonably cooperate with investigations of suspected abuse or security incidents involving your account or integration.

9. Your Data and Connected Systems

"Customer Data" means information you or your authorized users submit to the Service, including requested locations, site configurations, station data, alert recipients, notification endpoints, and support materials. You retain your rights in Customer Data. You grant us a worldwide, non-exclusive license to host, copy, transmit, transform, and otherwise process Customer Data as necessary to provide, secure, support, and improve the Service and as described in the Privacy Policy and any applicable Order.

You represent that you have all rights, notices, consents, and lawful bases needed for Customer Data and our processing of it. Do not submit protected health information, payment-card data, government identifiers, passwords, special-category personal data, data about children under 13, or other regulated or highly sensitive information unless an Order expressly authorizes it. You are responsible for your connected stations, networks, webhooks, phone and email providers, software, and other third-party systems.

10. Fees, Plans, and Taxes

Prices, included usage, rate limits, overage charges, billing cadence, renewal, and cancellation terms are disclosed at purchase or in an Order. Unless stated otherwise, fees are in U.S. dollars, exclude taxes, are non-refundable except as required by law, and paid plans renew for the stated period until canceled. You authorize us and our payment processor or the applicable app store to charge amounts due, including measured overages. You are responsible for taxes other than taxes on our net income and for keeping billing information current.

You may cancel as described at purchase, in account controls, through the applicable app store, or by contacting us. Cancellation stops future renewal but does not erase accrued charges. We may change fees prospectively with notice required by law. If payment is overdue, we may suspend paid features, reduce the account to a free tier, or terminate access.

11. Ownership, Output, Feedback, and Third-Party Data

We and our licensors own the Service, including its software, design, documentation, models, compilations, and trademarks. Subject to these Terms, you may use weather output returned to you for the permitted purposes of your plan. Feedback you provide may be used by us without restriction or compensation.

The Service incorporates model guidance, observations, alerts, radar, maps, air-quality information, historical records, and other material from government, public, and commercial sources. Source coverage, licenses, attribution, and reuse terms may vary. We do not control third-party sources and are not responsible for their accuracy, availability, changes, or terms. You must preserve required attribution and comply with source-specific restrictions identified in the Service or documentation.

12. Privacy

Our Privacy Policy explains how we handle personal information. If you submit personal information about another person, including an end user, employee, contractor, alert recipient, or station operator, you are responsible for giving required notices and obtaining required permissions. Where an Order identifies us as your processor or service provider, the applicable data processing terms also apply.

13. Availability, Changes, and Service Levels

We may add, change, deprecate, limit, suspend, or discontinue any part of the Service. We will use commercially reasonable efforts to provide notice of material breaking API changes when practicable, but urgent security, legal, source-data, or reliability issues may require faster action. You are responsible for monitoring documentation and designing integrations to handle errors, timeouts, stale data, and changes.

An availability percentage, response-time statement, or other service level applies only if expressly included in your then-current plan terms or an Order. The remedies stated in the applicable service-level terms, such as service credits, are your sole remedies for failure to meet that service level. Marketing descriptions and Beta Services do not create a service-level commitment.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL WEATHER DATA AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WEATHERKIND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ALERTS OR API REQUESTS WILL BE DELIVERED OR ANSWERED, THAT ERRORS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE SECURE OR UNINTERRUPTED. NO ADVICE OR INFORMATION CREATES A WARRANTY NOT EXPRESSLY STATED IN AN ORDER SIGNED BY WEATHERKIND.

15. Assumption of Risk

YOU CHOOSE WHETHER AND HOW TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY OR ENVIRONMENTAL DAMAGE, BUSINESS INTERRUPTION, FINANCIAL LOSS, REGULATORY CONSEQUENCES, AND OTHER HARM ARISING FROM WEATHER, WEATHER-RELATED DECISIONS, FAILURE TO RECEIVE OR ACT ON AN ALERT, CONNECTED HARDWARE, YOUR INTEGRATION, OR RELIANCE ON SERVICE OUTPUT. YOU REMAIN RESPONSIBLE FOR YOUR PEOPLE, PROPERTY, OPERATIONS, PRODUCTS, END USERS, CONTINGENCY PLANS, AND COMPLIANCE OBLIGATIONS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEATHERKIND, ITS AFFILIATES, LICENSORS, DATA SOURCES, SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, RELIANCE, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA; COST OF SUBSTITUTE SERVICES; OR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, BUSINESS INTERRUPTION, OR LOSSES ARISING FROM WEATHER, A WEATHER-RELATED DECISION, AN INACCURATE OR MISSING OUTPUT, AN UNDELIVERED ALERT, A THIRD-PARTY SOURCE, OR A CONNECTED SYSTEM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT THE HARM WAS POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE WEATHERKIND PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID WEATHERKIND FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY OR (B) FIFTY U.S. DOLLARS ($50). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those jurisdictions, these provisions apply only to the fullest extent permitted by law and do not limit liability that cannot lawfully be limited, including any non-waivable consumer right.

17. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Weatherkind parties from claims, demands, investigations, losses, liabilities, judgments, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your Customer Data; account, application, integration, connected station, alert configuration, or product; use or misuse of the Service; weather-related or operational decisions; end users; your breach of these Terms or an Order; or violation of law or third-party rights. We may control the defense of a covered matter, and you may not settle it in a way that admits fault by or imposes obligations on a Weatherkind party without our written consent. This section does not require a consumer to indemnify us for our own unlawful conduct where such an obligation is prohibited by law.

18. Suspension and Termination

We may suspend, limit, or terminate access immediately if we reasonably believe your use threatens the Service or another person, violates these Terms, creates legal or security risk, could cause material harm, or is associated with overdue payment. We may also terminate a free or Beta Service for any reason. You may stop using the Service at any time. Upon termination, your license ends and amounts already due remain payable. Sections that by their nature should survive will survive, including Sections 5–18 and 20–21.

19. Changes to These Terms

We may update these Terms. We will post the revised Terms and update the date above; for material changes, we will provide additional notice when required by law. Changes apply prospectively on the stated effective date. If you continue to use the Service after that date, you accept the revised Terms; if you do not agree, you must stop using the Service and cancel any renewing plan.

20. Governing Law and Disputes

Delaware law governs these Terms, without regard to conflict-of-laws rules. Any dispute arising out of or relating to the Service or these Terms must be brought exclusively in the state or federal courts located in Delaware, and each party consents to their jurisdiction and venue. This choice does not deprive a consumer of mandatory protections of the law where the consumer lives. To the extent permitted by law, any claim must be filed within one year after it accrued or it is permanently barred.

21. General

Neither party is liable for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, utility or telecommunications failure, cyberattack, labor dispute, government action, or failure of a data source or cloud provider. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, financing, merger, sale, or transfer of the Service. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. These Terms and any applicable Order are the entire agreement about the Service and supersede prior or contemporaneous understandings on that subject. No person other than the parties has a right to enforce these Terms.

22. Contact

Questions about these Terms can be sent to hello@weatherkind.com.