Terms of Service

UPDATED: April 1st, 2024

The following Terms of Service (the "Agreement" or "Terms") apply when you or your organization (the "User" or "You") uses the Weatherbit API (the "Service" or "API"), and the Weatherbit website (the "Site" or "Website") provided by Weatherbit, LLC (the "Company" or "We"). Please review the following terms carefully. By accessing or using the Service or Weatherbit Site, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Weatherbit API or Weatherbit Site. Weatherbit may terminate your use of the API service and/or take appropriate legal actions if you violate these Terms of Service.

Reliance on information posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

The Company does not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by US law, The Company excludes all liability for loss or damages direct or indirect arising from use of this site.

Weatherbit LLC
921 Town Centre Blvd #1129
Clayton, NC 27520

EU VAT ID: EU372062526

You can contact the Company via Support Center, or email at support@weatherbit.io.

Accessing our site

Access to our site is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the service it provides on the site without notice (see below). The Company will not be liable if for any reason our site is unavailable at any time or for any period.

Copyright

The Company is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The User may print off one copy, and may download extracts, of any page(s) from our site for personal reference and may draw the attention of others within their organisation to material posted on our site.

The User must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The Company's status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.

The User must not use any part of the materials on the site for commercial purposes without obtaining a licence to do so from the Company or it's licensors.

If the User prints off, copies or downloads any part of the site in breach of these terms of use, the User's right to use the site will cease immediately and they must, at the Company's option, return or destroy any copies of the materials they have made.

Licenses: Commercial Use Subscriptions

This license applies to all API service subscriptions with a COMMERCIAL usage designation [example: Standard, Plus, Business, and Enterprise subscriptions].

Subject to these Terms of Service, Weatherbit LLC grants subscribers a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee’s personal or commercial use to:

Make calls to the Service to retrieve data from the Service.
Use, convey, and display the data retrieved from the Service in a manner consistent with the terms of these Terms of Service.

Licenses: Free, Trial, and Hobbyist Subscriptions

This license applies to all subscriptions with a NON-COMMERCIAL usage designation [example: Free, Trial, and Hobbyist subscriptions].

The subscription of the Weather API is provided under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Generic License.

Any use of the work other than as authorized under this license or copyright law is prohibited.

You are free to:

Share — copy and redistribute the material in any medium or format.

Adapt — remix, transform, and build upon the material.

NonCommercial — You may not use the material for commercial purposes.

The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

Attribution — You must give appropriate credit, provide a do-follow link to Weatherbit.io, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. The link need not be obtrusive - but it must be visible.

ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. (Optional for Standard/Plus/Business subscriptions)

NonCommercial — You may not use the material for commercial purposes.

No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.

No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

Examples of Commercial Use

A paid subscription is required for any of the following use cases:

Use of Weatherbit data in any internal application in a for profit institution or business.
Storage of Weatherbit data on premise, off-premise, or in any cloud based environment.
Use of Weatherbit data by any for profit institution or business in any webpage/application.
Use of Weatherbit data by any non-profit institution in any webpage/application without attribution.

Marketing and Intellectual Property

Unless you notify the Company otherwise in writing, we may identify you as a user of the Service on our website, mobile application and in other online or offline marketing materials and press releases, and we may publish case studies and other marketing materials related to your use of the Service. We acknowledge that your company name and logo are protected by intellectual property rights. You hereby grant to the Company a non-exclusive, royalty-free and fully paid up license, during the Term, to use your name, logo, and website URL, on our website, mobile application and in other online or offline marketing materials relating to the Service. We will use this content strictly in accordance with any usage guidelines you provide to us.

Violations

Violations of our Terms of Service will result in a permanent ban from the Weatherbit API, Site, and we may pursue legal action as deemed appropriate.

Service Access Termination

Weatherbit LLC reserves the right, in its sole discretion, to terminate your access to the Service at any time, without notice or reason. This includes but is not limited to any breach of these Terms and Conditions, or inactivity. For users with a paid subscription, in the event of such termination by Weatherbit LLC, the user will have access to the Service (API) until the end of their current paid month or year (if paid annually). No refunds or credits will be provided for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of the Terms and Conditions which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Conditions and Restrictions

There are some non-accepted uses for our API. Use of our API for any of the following will lead to immediate restriction of API use:

Use of our Free tier API to target or trigger advertising.
Commercial use of our Free/trial/hobbyist tier API.
Use of our API for mission critical applications. This includes any service where failure will lead to personal injury, death, or environmental damage.
Using multiple accounts to circumnavigate rate limits.
Use of proxy/anonymous emails to sign up for multiple accounts.
Use of our API to promote illegal activities.
Directing users to sign up for non-commercial account(s) to use in a commercial application.
Reselling of Weatherbit data without an appropriate custom license.

Account Inactivity

Accounts that are not actively enrolled in a paid subscription, AND have not logged in after 15 months are disabled. If the User desires to re-activate their account, or keep the account active they must login at least once every 15 months.

Our site changes frequently

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any material on our site is subject to change, and may not be up to date. We carry no obligation to update material on the site.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to the Company hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Dispute Jurisdiction

If you seek to file a legal claim against us, you agree to file and resolve it exclusively in the state or federal court located in Wake County, North Carolina (USA). You also agree that the laws of the State of North Carolina and, to the extent applicable, the laws of the United States of America will govern these Terms of Service, as well as any legal claim that might arise between you and the Company (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Wake County, North Carolina (USA), in any legal action or proceeding relating to the Company or these Terms of Service.

Disclaimers

YOUR USE OF THE WEATHERBIT API SERVICE, AND WEATHERBIT SITE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER LOCAL LAWS WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE.
DATA PROVIDED AS PART OF OR ACCESSED VIA THE SERVICE MAY BE DERIVED FROM VARIOUS 3RD-PARTY SOURCES AND NO GUARANTEE IS GIVEN REGARDING THE AVAILABILITY, ACCURACY, OR SUITABILITY OF THIS DATA FOR ANY TASK. YOU AGREE TO NOT USE THE SERVICE IN ANY ENVIRONMENT WHERE INACCURACY OR OTHER LIMITATION COULD CAUSE HARM TO PERSONS OR PROPERTY. IN ANY SITUATION WHERE INJURY OR HARM DOES OCCUR YOU AGREE TO WAIVE ANY CLAIMS FOR LIABILITY OR INJURY FOR SUCH USE.

User's Indemnification:

You agree to indemnify and hold harmless Weatherbit LLC from any claims, liabilities, and expenses, including attorney's fees, arising from your breach of these terms or your use of the service. This includes injury or death of any person, even if caused by Weatherbit LLC's negligence, except in cases of recklessness or willful misconduct by Weatherbit LLC. Your indemnification obligations persist after the termination of these Terms of Service.

Company's Indemnification:

Weatherbit LLC will defend user against third-party claims of United States patent infringement, copyright violation, or trade secret misappropriation resulting from the service. User must promptly notify Weatherbit LLC of any such claims and provide assistance. Weatherbit LLC is not responsible for claims related to certain specified circumstances, including actions not supplied by the company, modifications made by the user, or user's failure to adhere to the agreement.
If the service is found or believed to be infringing, Weatherbit LLC may, at its option and expense, replace or modify the service, obtain a license for the user, or, if not commercially practicable, terminate the agreement and refund any prepaid, unused fees.

Limitation of Liability

THE WEATHERBIT API SERVICE, THE WEATHERBIT SITE, AND THE DATA PROVIDED BY THE WEATHERBIT API SERVICE IS NOT INTENDED TO BE USED IN ANY APPLICATION WHERE HUMAN LIFE OR PROPERTY MAY BE AT STAKE, YOU WAIVE ANY CLAIMS FOR LIABILITY OR INJURY FOR SUCH USE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WEATHERBIT LLC AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY USER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 1 MONTH PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR $100 (WHICHEVER IS HIGHER), IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of North Carolina (USA) without regard to its conflict of laws provisions. Any claims by the User that arise from this agreement must be filed in Wake County in the State of North Carolina.

Information about you and your visits to our site

We process information about you, and your use of the Site and Service in accordance with our privacy policy.

By using our Site, or Service you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Variations / Updates

Weatherbit LLC may modify and update the Terms at any time in its sole discretion. Weatherbit LLC will indicate the last date on which the Terms were modified at the top of the webpage for the Terms. If the revision, in our sole discretion, is material we may notify you via the primary contact email associated with the your account. It is the user's responsibility to make sure this contact email is up to date in their account so that they may receive these notices.
Your access or use of the Service, the Service API Data and/or the Weatherbit website Marks after modification of the Terms constitutes your acceptance of, and agreement to be bound by, the modified terms and conditions. If you do not agree with any modifications of the Terms, you must cease all access and use of the Service, the Service Data and the Weatherbit Mark and cease all exercise of any rights licensed to you by these Terms, which cessation shall constitute termination of the Terms by you, subject to the terms and conditions set forth in the Terms.

Billing

Billing is handled on a per month, per year (annual), or per use basis. For all, a payment method is required, and stored by our 3rd party payment processor: Stripe.com. Payment is required before usage of any paid API subscription. Payment for non-monthly subscriptions are done on a per-use basis, and can be due either upon issuance of service, or at the end of the billing month.

Payment

Upon subscription to the Service, the User will provide a payment method which will be used for all current, and future due subscription fees. The User agrees to pay the full price for the Service subscription purchased from the Company under conditions set out in the price-list. The Company reserves the right to charge extra fees to the payment method provided by the User for any products, services purchased through our Website or directly through other means (such as email, or affiliate websites), or for any interest or fees accrued from overdue balances.

The User is responsible for the timely payment of all subscription fees, and other fees with a valid payment method. The Company reserves the right to modify the subscription fees upon notice of such modifications to ongoing subscribers from time to time, as to periods for which such fees have not yet been paid.

Subscription Cancellation

The User may cancel their Service subscription at any time by logging in to their account and cancelling in the dashboard. Alternatively, they may contact the Company by email at support@weatherbit.io with their account name or account email, and request cancellation. We will grant all cancellation requests based on the date and time the request was received at this email address. When a subscription is cancelled, the User will not be billed for additional subscription periods beyond the cancellation date. Any past due balances accrued will still be due.

Refunds

The Company will not issue refunds after payment for the subscription or it's renewal has been completed (except in cases of erroneous billing by the Company). The Company will also not issue refunds for partially complete subscription periods. The trial version of our Service (API) is to be used to test, and evaluate the Service and it's features. It is during this period that the User should evaluate, and decide if the service is right for their needs.

Subscription Downgrades

No refunds or credits will be issued when the user decides to downgrade their API subscription from a higher cost subscription, to a lower cost subscription. If the user subscribes to a lower cost subscription after enrolling in a higher cost subscription, the new lower rate will be billed at the end of the billing cycle. The new lower rate will apply to future billing cycles. Any subscription changes take affect upon downgrade, it is up to the user to make sure that they that they have used any remaining quotas before downgrade.

Subscription Upgrades

If the user decides to upgrade their subscription, after having paid for a full month of the prior subscription. Payment only for the difference in subscription pricing for the current will be required. Any future months will be billed at the new rate.

Payment Failures

When a payment for a subscription to the Service - billed automatically either monthly, or annually - fails, we will make multiple attempts to charge the payment method on file over following 2-3 business days after the original due date. If the payment is still not successful after this time, the balance will become past due. Please contact support@weatherbit.io if you require additional time to settle any balances due. The Company reserves the right to refuse requests for additional time to settle balances beyond this period.

Past Due Fees

Failure to settle any past due balances within five (5) business days of its original due date for monthly billed subscriptions, or within fourteen (14) business days for annually billed subscriptions, or any other invoice, will constitute a material breach of these Terms. Without limiting any remedies available to the Company, the Company may suspend the User’s access to the Service (API) and charge interest at the lesser of the rate of one-and-one-half percent (1.5%) per month or part thereof and the maximum rate permitted by applicable law. The User will reimburse the Company for all collection costs.

VAT (Value Added Tax)

All prices are exclusive of any VAT (Value Added Tax) that may be imposed by the User's respective country or local government. Users that operate in areas with a VAT imposed must provide a valid VAT ID, and any VAT collection/remittance must be handled by the user via Reverse Charge. Users may update their VAT ID in the dashboard at any time. As such, the user is solely responsible for providing the correct information to comply with local invoicing/tax collection requirements. Weatherbit LLC accepts no responsibility for any failure of the user to provide accurate billing information.

Rate Day / Daily quotas

All daily quotas reset at 00 UTC.

Rate Hour / Hourly quotas

All hourly quotas are specified in terms of a rolling 1 hour period. The 1 hour period starts when the first API request is made, and resets 1 hours after first API request.

Acceptance of Terms

Acceptance. In order to use the Service you must agree to these Terms. By clicking to accept the Terms on the web pages, or by using, accessing, viewing, or otherwise exploiting the Service or information on the Service, you affirm that you have read and agree to be bound by these Terms. You acknowledge that if you violate these Terms, Weatherbit has the right to terminate your use of the Service and all other rights licensed to you hereunder and/or take legal action against you in its sole discretion.
Capacity. You represent and warrant that you have the legal capacity and authority to accept the Terms and to bind yourself and any other person or entity accessing or using the Service as a result of your acceptance of these Terms. If you are accepting on behalf of a business entity, you represent and warrant that you have the full legal authority to bind the business entity to these Terms.

Your concerns

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