weatherpoint

Terms of Service

Effective date: Jan 10 2023

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.

  1. The ‘Agreement’ refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the ‘Terms of Service’ or the ‘Terms") and all other operating rules, policies (including the WeatherPoint Privacy Statement, available at weatherpoint.com.au/legal/privacy) and procedures that we may publish from time to time on the Website.
  2. The ‘Service’ refers to the applications, software, products, and services provided by WeatherPoint.
  3. The ‘Website’ refers to WeatherPoint’s website located at weatherpoint.com.au, and all content, services, and products provided by WeatherPoint at or through the Website. It also refers to WeatherPoint-owned subdomains of weatherpoint.com.au, such as api.weatherpoint.com.au. These Terms also govern WeatherPoint’s product websites. Occasionally, websites owned by WeatherPoint may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  4. ‘The User,’ ‘You,’ and ‘Your’ refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts (See Section B(4): Additional Terms).
  5. ‘WeatherPoint,’ ‘We,’ and ‘Us’ refer to WeatherPoint, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. ‘Content’ refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. ‘Content’ also includes Services. ‘User-Generated Content’ is Content, written or otherwise, created or uploaded by our Users. ‘Paid Content’ is Content only available to Users who are participating in a payment plan.

B. Account Terms

Short version: A human must create your account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the sign-up process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements

We have a few simple rules for accounts on WeatherPoint’s Service.

  • You must be a human to create an account. Accounts registered by ‘bots’ or other automated methods are not permitted. We do permit machine accounts:
  • A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.
  • One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine).
  • In you are a resident of United States then you must be age 13 or older. WeatherPoint does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
  • Overall, the number of Users must not exceed the number of accounts you’ve ordered from us.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account’s security, but the content of your account and its security are up to you.

  • You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  • You are responsible for maintaining the security of your account and password. WeatherPoint cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify WeatherPoint if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

4. Additional Terms

In some situations, third parties’ terms may apply to your use of WeatherPoint. For example, you may download an application that integrates with WeatherPoint; or you may use WeatherPoint to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

If you are a government User or otherwise accessing or using any WeatherPoint Service in a government capacity, this Government Amendment to WeatherPoint Terms of Service applies to you, and you agree to its provisions.

If you have signed up for a Business plan, the Business Plan Addendum applies to you, and you agree to its provisions.

If you are an owner or administrator of an Organisation on WeatherPoint, additional terms may govern your relationship with us and supersede this Agreement.

C. Acceptable Use

Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using WeatherPoint, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including WeatherPoint employees, officers, and agents, or other WeatherPoint Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with WeatherPoint’s servers in ways that could harm our Website or Service, to place undue burden on WeatherPoint’s servers through automated means, or to access WeatherPoint’s Service in ways that exceed your authorization (other than those authorized by the WeatherPoint Bug Bounty program);
  • impersonate any person or entity, including any of our employees or representatives, including through false association with WeatherPoint, or by fraudulently misrepresenting your identity or site’s purpose; or
  • violate the privacy of any third party, such as by posting another person’s personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without WeatherPoint’s express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. You must not scrape WeatherPoint for spamming purposes, including for the purposes of selling WeatherPoint users’ personal information, such as to recruiters, headhunters, and job boards.

All use of WeatherPoint data gathered through scraping must comply with the WeatherPoint Privacy Statement.

6. Privacy

Misuse of WeatherPoint Users’ Personal Information is prohibited.

Any person, entity, or service collecting data from WeatherPoint must comply with the WeatherPoint Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the WeatherPoint Privacy Statement). If you collect any WeatherPoint User’s Personal Information from WeatherPoint, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from WeatherPoint, and you will respond promptly to complaints, removal requests, and ‘do not contact’ requests from WeatherPoint or WeatherPoint Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other WeatherPoint customers, we reserve the right to suspend your account or throttle your account until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favour of protecting our Users as a whole.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create User-Generated Content while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Ownership of Content and Right to Post

You retain ownership of and responsibility for Content you create. If you’re posting anything you did not create yourself, you agree that you will only submit Content that you have the right to post, and you will fully comply with any third party licenses relating to Content you post.

3. WeatherPoint May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any WeatherPoint terms or policies.

4. License Grant to Us

Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.

That means you’re giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).

This license does not grant WeatherPoint the right to sell your Content or otherwise distribute it outside of our Service.

5. License Grant to Other Users

Any Content you post publicly, including issues, comments, tickets, may be viewed by others.

If you set your content, pages or comments to be viewed publicly, you grant each User of WeatherPoint a nonexclusive, worldwide license to access your Content through the WeatherPoint Service, and to use, display and perform your Content, and to reproduce your Content solely on WeatherPoint as permitted through WeatherPoint’s functionality. You may grant further rights if you adopt a license.

6. Moral Rights

You retain all moral rights to Content you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section.

To the extent such an agreement is not enforceable by applicable law, you grant WeatherPoint a nonexclusive, revocable, worldwide, royalty-free right to (1) use the Content without attribution strictly as necessary to render the Website and provide the Service; and (2) make reasonable adaptations of the Content as provided in this Section. We need these rights to allow basic functions like search to work.

7. Private Content

Paid accounts may have private Content, access to which is to controlled by Users. WeatherPoint employees only access private Content when access is required for security or maintenance or for support reasons, and then only with the consent of the account owner. Because we respect your privacy, you must respect the Terms of Service in everything you create. If we have reason to believe the content is in violation of the law or of these Terms, we have the right to remove it.

E. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on WeatherPoint violates your rights, please contact us via our convenient DMCA form or by emailing hello@weatherpoint.com.au. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. WeatherPoint’s Rights to Content

WeatherPoint and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © WeatherPoint, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, downloadable content, visual design elements or concepts without express written permission from WeatherPoint.

2. WeatherPoint Trademarks and Logos

If you’d like to use WeatherPoint’s trademarks, you must follow all of our trademark guidelines.

3. License to WeatherPoint Policies

This Agreement is licensed under the Creative Commons Attribution license. You may use it freely under the terms of the Creative Commons license.

G. API Terms

Short version: You agree to these Terms of Service, plus this Section G, when using any of WeatherPoint’s APIs (Application Provider Interface), including use of the API through a third party product that accesses WeatherPoint.

1. Limitation of Liability for API Use

You understand and agree that WeatherPoint is not liable 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 (even if WeatherPoint has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

2. No Abuse or Overuse of the API

Abuse or excessively frequent requests to WeatherPoint via the API may result in the temporary or permanent suspension of your account’s access to the API. WeatherPoint, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed WeatherPoint’s rate limitations.

You may not use the API to download data or Content from WeatherPoint for spamming purposes, including for the purposes of selling WeatherPoint users’ personal information, such as to recruiters, headhunters, and job boards.

All use of the WeatherPoint API is subject to these Terms of Service and the WeatherPoint Privacy Statement.

WeatherPoint may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of WeatherPoint’s Service.

3. WeatherPoint May Terminate Your Use of the API

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice.

H. Advertising on WeatherPoint

Short version: We do not generally prohibit use of WeatherPoint for advertising. However, we expect our users to follow certain limitations, so WeatherPoint does not become a spam haven. No one wants that.

1. Spamming and Inappropriate Use of WeatherPoint

Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any WeatherPoint terms or policies.

I. Payment

Short version: You are responsible for any fees associated with your use of WeatherPoint. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

2. Upgrades, Downgrades, and Changes

  • We will immediately bill you when you upgrade from the free plan to any paying plan.
  • If you change from a monthly billing plan to a yearly billing plan, WeatherPoint will bill you for a full year at the next monthly billing date.
  • If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
  • You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule; No Refunds

  • For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
  • In order to treat everyone equally, no exceptions will be made.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for WeatherPoint.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay WeatherPoint any charge incurred in connection with your use of the Service. If you dispute the matter, contact WeatherPoint Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

J. Cancellation and Termination

Short version: You may close your account at any time. If you do, we’ll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with WeatherPoint. You can cancel your account at any time by going into your Settings. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your account within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete public Content that you might created, such as of publicly available comments or tickets.

Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. WeatherPoint May Terminate

WeatherPoint has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. WeatherPoint reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

K. Communications with WeatherPoint

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to WeatherPoint Must Be in Writing

Communications made through email or WeatherPoint Support’s messaging system will not constitute legal notice to WeatherPoint or any of its officers, employees, agents or representatives in any situation where notice to WeatherPoint is required by contract or any law or regulation. Legal notice to WeatherPoint must be in writing and served on WeatherPoint’s legal agent.

3. No Phone Support

WeatherPoint only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

L. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

WeatherPoint provides the Website and the Service ‘as is’ and ‘as available,’ without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

WeatherPoint does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

M. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Due to the unpredictable nature of weather and the potential for system malfunctions and technical issues, Weatherpoint accepts no responsibility for any direct or indirect loss or damage, regardless of the cause (including negligence), resulting from the use of information presented on or provided by Weatherpoint or from Weatherpoint's unavailability. This may also encompass information obtained from external data providers and websites and provided to Weatherpoint.

Liability idemnity

  • The Service provides information with the intention of being helpful, but without any guarantee or implied warranty of its usefulness, merchantability, or fitness for any specific purpose.
  • Tide predictions must not be used for navigation. Predictions rely on the unofficial tide variations or predictions for secondary ports, which are calculated based on average time differences.
  • The information provided by the Service must not be used in emergency situations.
  • It’s crucial to keep in mind that weather is inherently unpredictable. Weather forecasting is an imprecise discipline, and weather observations may have inaccuracies, gaps, or missing data.

N. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release WeatherPoint from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that WeatherPoint (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases WeatherPoint of all liability); and (3) provides to you all reasonable assistance, at your expense.

O. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

P. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and WeatherPoint and any access to or use of the Website or the Service are governed by the laws of the state of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

2. Non-Assignability

WeatherPoint may assign or delegate these Terms of Service and/or the WeatherPoint Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of WeatherPoint to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Complete Agreement

These Terms of Service, together with the WeatherPoint Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and WeatherPoint relating to the subject matter of these terms.

6. Questions

Questions about the Terms of Service? Contact us.

This privacy policy is adapted from GitHub and is available under a Creative Commons Attribution license.