UPDATED: June 1st, 2019
The following Terms of Service apply when you use the Weatherbit API (the “Service”), and the Weatherbit website (the “Site”) provided by Weatherbit, LLC. Please review the following terms carefully. By accessing or using the Weatherbit API 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.
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.
300 Fayetteville St
P.O. Box 101
Raleigh, NC 27602
You can contact us via Support Center, or email at email@example.com.
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.
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.
This license applies to all paid (non-Enterprise) API service subscriptions [example: Starter, Developer, Advanced, etc.].
Subject to these Terms of Service, Weatherbit LLC grants all paid subscribers a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee’s personal or commercial use to:
This license applies to all paid Enterprise API service subscriptions.
Subject to these Terms of Service, Weatherbit LLC grants all paid subscribers a limited, non-exclusive, revocable, worldwide license for Licensee’s personal or commercial use to:
This license applies to all free or trial API subscriptions.
The Free, or trial 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 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 Developer/Advanced/Advanced+ plans)
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.
A paid subscription is required for any of the following use cases:
Unless you notify us otherwise in writing, we may identify you as a customer and 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 of our Terms of Service will result in a permanent ban from the Weatherbit API, and legal action as deemed appropriate.
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:
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. Weatherbit.io 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. No refunds will be given after payment for the subscription has been made (except in cases of erroneous billing). 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 firstname.lastname@example.org. The date of any cancellation request receipt will be considered the plan termination date. Any additional payments after this cancellation request has been made, will be refunded in full.
You may cancel the service at any time, and you will not be billed for additional subscription periods. We will not issue refunds for partially complete subscription periods. The free version of our API is to be used to trial, and evaluate the service and it's features. It is during this period that you should evaluate, and decide if the service is right for your needs.
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.
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:
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.
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 The State of North Carolina. 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 us (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 The State of North Carolina, in any legal action or proceeding relating to us or these Terms of Service.
YOUR USE OF THE WEATHERBIT API SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND 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.
THE WEATHERBIT API SERVICE 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. WEATHERBIT WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You shall indemnify and hold harmless Weatherbit LLC from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorney’s fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilization of the Service, whether or not arising in tort or occasioned by the negligence of Weatherbit LLC, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of Weatherbit LLC. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of these Terms of Service.
By using our Site, or Service you consent to such processing and you warrant that all data provided by you is accurate.
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.
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%|
In order to receive the Service Level Credit. A Paid Advanced/Enterprise plan user must submit an email to email@example.com the following:
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 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.
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.
No refunds or credits will be issued when a user decides to downgrade their API subscription from a higher cost plan, to a lower cost plan. If a user subscribes to a lower cost plan after enrolling in a higher cost plan, 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 plan 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.
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.
All daily quotas are specified in terms of a rolling 24 hour period. The 24 hour period starts when the first API request is made, and resets 24 hours after first API request.
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.
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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