Terms of Service

Last Updated: June 10, 2023

1. Acceptance of Terms

By accessing or using Tempchant Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, which are incorporated by reference. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have authority to bind that organization to these Terms.

2. Description of Services

Tempchant provides weather forecasting services including but not limited to:

• Current weather conditions and forecasts
• Hourly and extended forecasts
• Severe weather alerts
• Radar and satellite imagery
• Air quality information
• Astronomical data
• Health and activity recommendations

Our Services are provided for informational purposes only and should not be solely relied upon for critical decision-making.

3. Eligibility and Accounts

3.1 Eligibility

To use our Services, you must:

• Be at least 13 years of age (or the minimum age in your jurisdiction)
• Have the legal capacity to enter into these Terms
• Not be barred from receiving services under applicable law

3.2 Account Registration

Certain features may require account registration. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. User Responsibilities

You agree to use our Services responsibly and in accordance with all applicable laws. Specifically, you agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Violate or encourage others to violate the rights of third parties
• Post, upload, or distribute any content that is unlawful, defamatory, or infringing
• Attempt to gain unauthorized access to our systems or engage in any activity that disrupts or interferes with the Services
• Reverse engineer, decompile, or disassemble any portion of the Services
• Use any automated means to access the Services without our permission
• Circumvent any access restrictions or security measures
• Use the Services to develop a competing service

5. Intellectual Property Rights

5.1 Our Content

All content included in or made available through our Services, including text, graphics, logos, icons, images, weather data, forecasts, and software, is the property of Tempchant or its content suppliers and protected by intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

5.3 Restrictions

You may not:

• Copy, modify, or create derivative works of our Services
• Resell, sublicense, or commercially exploit our Services without express written permission
• Use our weather data for aviation, marine navigation, or other safety-critical applications
• Remove any proprietary notices or labels

6. User Content

If you submit any content to our Services (e.g., weather reports, photos, comments), you:

• Retain ownership of your content
• Grant us a worldwide, royalty-free, sublicensable license to use, reproduce, and display your content in connection with the Services
• Represent that you have all necessary rights to grant this license
• Acknowledge that we may modify or adapt your content to conform to our technical requirements

7. Premium Services and Payments

7.1 Subscription Plans

Certain premium features may require payment. By subscribing, you agree to:

• Pay all applicable fees
• Provide accurate billing information
• Authorize us to charge your payment method

7.2 Billing and Renewals

Unless you cancel before renewal, subscriptions automatically renew at the end of each billing cycle. You may cancel at any time, but no refunds will be provided for the current billing period.

7.3 Price Changes

We may change subscription fees with 30 days' notice. Continued use after notice constitutes acceptance of the new fees.

8. Third-Party Services and Links

Our Services may contain links to third-party websites or services. We are not responsible for:

• The content or practices of third-party services
• Any transactions between you and third parties
• The accuracy of third-party weather data integrated into our Services

Your use of third-party services is at your own risk and governed by their terms.

9. Disclaimers and Limitations of Liability

9.1 Weather Information Disclaimer

Weather forecasts are inherently uncertain. We make no warranties regarding:

• The accuracy, completeness, or reliability of weather information
• That the Services will meet your requirements or be uninterrupted
• That errors will be corrected

Our Services should not be used as the sole basis for critical decisions regarding property, safety, or business operations.

9.2 General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPCHANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 Limitation of Liability

IN NO EVENT SHALL TEMPCHANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

10. Indemnification

You agree to indemnify and hold harmless Tempchant and its officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your infringement of any third-party rights
• Any content you submit

11. Termination

11.1 By You

You may stop using our Services at any time. Account deletion requests should be submitted through our contact form.

11.2 By Us

We may suspend or terminate your access to the Services at any time for any reason, including if we believe you have violated these Terms.

11.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account information and content
• Provisions that by their nature should survive will remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles.

12.2 Arbitration

Any disputes shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. Judgment may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

All claims must be brought in the parties' individual capacity, not as a class member in any class or representative proceeding.

13. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes through our Services or by email. Your continued use after changes constitutes acceptance of the new Terms.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Tempchant regarding the Services.

14.2 Waiver

Our failure to enforce any right or provision will not be deemed a waiver.

14.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control.

15. Contact Information

16. Special Provisions for Specific Regions

16.1 European Union Users

EU consumers have legal rights under applicable national law. These Terms do not affect those mandatory rights.

16.2 California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

16.3 Other Jurisdictions

Where local laws require additional provisions or override certain terms, those local laws will apply.