Terms of Service

UPDATED: July 1st, 2017

Please read these terms of use carefully before you start to use the Weatherbit.io site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must refrain from using our site, and Weather API.

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.

We do 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, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Weatherbit

You can contact us by writing to the business address given above or via Support Center.

Accessing our site

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

Copyright

We are 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.

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

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

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Licenses

The Weather API is provided under the terms of the Creative Commons Attribution-ShareAlike 4.0 Generic License. Advanced/Enterprise Tier members may waive this lisense's application on request.

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

for any purpose, even commercially.

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 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. Example: "Powered by the Weatherbit API". This requirement may be waived on request for paid (high volume) plans.

ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

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.

Other licenses different from Creative Commons can be used in high volume accounts under conditions set out in the price-list.

Violations

Violations of our Terms of Service (ie. failure to provide a attribution link), or frequent exceeding of allowed rate caps, or efforts to circumnavigate rate/access limitations will result in a temporary ban/disbarment from the Weatherbit API. Continued violations will result in a permanent ban.

Conditions and Restrictions

There are some non-accepted commercial 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.
  • 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 free tier keys to circumnavigate rate limits.
  • Use of Proxy/Anonymous emails to sign up for multiple accounts.
  • Use of our API to promote illegal activities.

Payment

You agree to pay the full price for the service you purchase from the Website under conditions set out in the price-list. We reserve the right to charge extra charges for your credit card for any products purchased from the Website. You are responsible for the timely payment of all subscription fees, and other fees with a valid credit card. No refunds will be given after payment for the subscription has been made. It is the customer's responsibility to ensure they cancel a plan they no longer want to continue by either logging in, and disenrolling, or contacting support@weatherbit.io. The date of the cancellation request will be considered the plan termination date. Any additional payments after a cancellation request has been made, will be refunded.

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 us 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.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy.

By using our site, 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

We may from time to time revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Service Level Agreement

We will abide by an SLA for all Advanced/Enterprise paid account users. This agreement states that we will aim to provide our customers with a 99.9 - 100% uptime API. If the uptime falls below the 99.9% threshold, the customer is entitled to a service credit based on the following scale:

Monthly Uptime Percentage Service Credit Percentage
100% - 99.9% 0%
99.89% - 99% 15%
Less than 99% 30%

Service Level Credit Request

In order to receive the Service Level Credit. A Paid Advanced/Enterprise plan user must submit an email to support@weatherbit.io the following:

  • the words “SLA Credit Request” in the subject line
  • the dates and times of each for each unavailability incident you are claiming
  • the affected Weatherbit API URL's
  • request or error logs that corroborate your claimed outage

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Billing

Billing is handled on a Per Month, or per use basis. For both, a payment source is required, and stored by our 3rd party payment processor: Stripe.com. Payment is required before usage of any paid Weather API plan. Payment for non-monthly plans are done on a per-use basis, and can be due either upon issuance of service, or at the end of the billing month.

Refunds

No refunds will be provided after service has been rendered. However, in special cases under our SLA (Advanced, or Enterprise plans), we may issue a Service Credit according to our SLA agreement.

Plan Downgrades

If a user decides to downgrade their plan, after having paid for a full month of the prior plan, the user will be issued a credit for the difference in pricing which can be used in future months. The credit may be used towards future purchases. No refunds will be issued except for cases when a customer has requested a cancellation, and has been incorrectly billed.

Plan Upgrades

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

Acceptance of Terms

  • Acceptance. In order to use the API you must agree to these Terms. By clicking to accept the Terms on the API web pages, or by using, accessing, viewing, or otherwise exploiting the API or information on the API, 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 API 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 API 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.
  • Updates. Weatherbit may modify and update the Terms at any time in its sole discretion. Weatherbit will indicate the last date on which the Terms were modified at the top of the webpage for the Terms. Your access or use of the API, the API Data and/or the Weatherbit 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 API, the API 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.
  • Weatherbit API Exclusions

    The Service Commitment does not apply to any unavailability, suspension or termination of Weatherbit Services, or any other Weatherbit or Weatherbit Services performance issues: (i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems beyond the demarcation point of Weatherbit Services or its direct hosting subcontractors (i.e beyond the point in the network where Weatherbit maintains access and control over the Weatherbit Services); (ii) that result from any actions or inactions of you or any third party (other than Weatherbit’s direct hosting subcontractor); (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any scheduled maintenance; or (vi) arising from our suspension and termination of your right to use Weatherbit Services in connection with any breach by you of the Terms of Service or otherwise in accordance with the Terms of Service (collectively, the “Weatherbit API SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

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