Terms of Service

UPDATED: October 1st, 2022

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.

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 LLC
300 Fayetteville St
P.O. Box 101
Raleigh, NC 27602


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

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: Commercial Use Subscriptions

This license applies to all API service subscriptions with a COMMERCIAL usage designation [example: Starter, Developer, Pro, Advanced, Business, and Enterprise plans].

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 plans].

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

Creative Commons 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 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.

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 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

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

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.

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. 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 support@weatherbit.io. 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.

Subscriber Refund Policy

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 trial version of our API is to be used to trial, and evaluate the service and its features. It is during this period that you should evaluate, and decide if the service is right for your needs.

Account Inactivity

Accounts that are not actively enrolled in a paid subscription, AND have not logged in after 15 months are disabled. If a 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 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.

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 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.

Disclaimers

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.

Limitation of Liability

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.

Indemnification

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.

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

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.

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, we may issue a Service Credit according to our SLA agreement.

VAT (Value Added Tax)

All prices are exclusive of any VAT (Value Added Tax) that may be imposed by a customer's respective country or local government. Customers that operate in areas with a VAT imposed must provide a valid VAT ID, and any VAT collection/remittance must be handled by the customer via Reverse Charge. Customers may update their VAT ID in the dashboard at any time. As such, the customer 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 customer to provide accurate billing information.

Plan Downgrades

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.

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.

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 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 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 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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    If you have any concerns about material which appears on our site, please contact us.


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