Terms and Conditions

Last updated: October 17, 2022

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY. You can decline the agreement to arbitrate by contacting us and submitting an opt out request within 30 days of first accepting these Terms.

By these Terms and Conditions (“Terms”) Weatherforecastsdaily (“we” or “us”) provide you (“you” or “user”) with the essential information about your legal rights and obligations related to your use of our website – https://www.weatherforecastsdaily.com (“Website”) and our Weatherforecastsdaily application (“App,” or collectively with the Website, the “Service”).

Please read the Terms carefully before using the Website and/or downloading the App. If you disagree with these Terms, please (i) do not use the Website or download the App, and (ii) if already downloaded, uninstall the App.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy (found here). Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Service and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Service.

If you have any questions or comments about these Terms, please contact Us.


Table of contents

Acknowledgment

These Terms and any operating rules and policies posted on our Website or in the App, including the Privacy Notice, constitute the entire agreement and understanding between us and you, governing your access to and use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By your use of the Service, you declare and warrant that:

  • you have read, understood, and agree to be legally bound by and to comply with these Terms in full;

  • you are over the age of 18;

  • according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to use the Service;

  • you are not located in a state that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” state, and you are not listed on any United States government list of prohibited or restricted persons;

  • you shall comply with these Terms and all applicable laws and regulations.

Service Description, Billing, Renewal, Cancellation

WeatherForecastsDaily: The Service is able to provide users with current weather conditions, the forecast for the next seven (7) days, and severe weather alerts for chosen locations.

Please note that we are not a professional meteorological services provider. The Service collects and displays weather data from third-party online sources by using APIs, and does not provide you with any of our forecasts or the weather analysis.

You can download the App for free by using the links on the Website.

We may customize your browser’s web search powered by our recommended search engine, subject to your express consent to allow you to continue using the free version of the app.

Trial Period

We, at our sole discretion, may offer a subscription with a free trial for a limited period of time (the “Trial Period”).

You may be required to enter your billing information in order to commence the Trial Period.

If you do enter your billing information when the Trial Period begins, you will not be charged by us until the Trial Period has expired.

We will inform you upon expiration of the Trial Period, and let you choose between:

  • the free use of the App, sponsored by third-party search engines;

  • the annual subscription in the amount specified in our then-current offer.

On the last day of the Trial Period, unless you cancel your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.

Please, note that you can use the App for free after the Trial Period expires due to the sponsors’ help that also includes the web search during the App use.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Subscription

If you elect to pay for an annual subscription, you have to pay the amount specified in our then-current offer for the use of the App.

You will be billed in advance on an annual basis. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.

All payments under these Terms are charged automatically via a third-party payment services provider, whose use is subject to other terms and privacy notices. We are not responsible for the processing of your personal data by such a provider.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain timeframe, with the full payment corresponding to the billing period as indicated on the invoice.

We, in our sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period.

We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Except when required by law, paid subscription fees are non-refundable. We may consider certain refund requests for subscriptions on a case-by-case basis. Such requests are granted at our sole discretion.

We may at our sole discretion choose to waive away any subscription fees chargeable for the Service at any time. We reserve the right to reinstate such subscription fees at any time, at our discretion, after providing you with reasonable prior notice. At that time, you may opt to pay for the Service or choose to not do so, however if you do not pay for the Service please note that you may not have access to the Service and/or any features provided by it.

Automatic Renewal and Cancellation

At the end of each subscription period, your subscription will automatically renew under the exact same conditions unless you or we cancel it.

You can cancel the subscription by contacting us. If you make such a request within the initial 30 days of subscribing, you are entitled to a full refund of the subscription amount. Should the refund request be made after the first 30 days of subscribing, you will not receive a refund for the fees you already paid for your current subscription period, though you will be able to access the Service until the end of your current subscription period.

Third-parties or affiliates

Our Service may contain links to third party affiliate websites or applications offering their services and/or products and from whom we may receive revenue, without any cost to you, if you click on such links to affiliate websites or if you were to download such applications from our Service and thereafter make a purchase on their website(s) or download such applications.

Please note that we do not verify or attempt to verify the identity and/or ascertain the credibility of these third-party affiliates, check, inspect, monitor, or manage the security of third party affiliate websites or applications nor do we verify, authenticate or monitor the accuracy and exhaustiveness of the information made available on such third-party affiliate websites. We recommend that you peruse through the Terms of Service and Privacy Policy of these third-parties before interacting with them in any way.

We may also use third parties to help us provide features in our service. Do note that these features may be necessary in providing full functionality of the Service. We also recommend reading the terms of service and privacy policy of these Third parties before engaging our service to understand how they may affect your use. Our Service may also contain links to third parties that were provided for the convenience of the users. We do not claim to hold any affiliation to such third parties nor do we accept any responsibility for any harm that may be caused through these third parties.

List of Third parties used by the Service:


We may customize your browser’s web search powered by our recommended search engine - Yahoo.

Yahoo collects information about your search queries in order to return search results. Yahoo may use this information for its own purposes, in accordance with its privacy policy. We are not responsible for the collection or processing of information by Yahoo or any other search provider. Please refer to Yahoo’s privacy policy for more details - https://legal.yahoo.com/us/en/yahoo/privacy/index.html

You agree that we shall not be held responsible or liable for any damage or loss arising out of your interactions with a third-party affiliate website(s) or application. We are not to be held accountable for the enforcement of any obligations resulting from a contract between you and any third-party affiliate as we are not a party to that contract and as a result, shall not be obligated to intervene between the parties to any such contract.

You agree that we shall not be held liable for any loss from your use of our Service that was caused by third parties directly or indirectly. We do not make any claims or warranties regarding the usability, safety, reliability and overall ability of the third parties used by the Service.

You expressly agree and accept that you will not involve us in any legal proceeding(s), investigation(s), audit(s) or arbitration deployed to resolve any and all disagreements between you and such third party affiliates

Content and Intellectual Property

All materials on the Website and App, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (“Content”), as well as copyright and other intellectual property rights to such Content belong to us or are subject to valid license from the owner.

The Content, or any elements thereof, may not be used in any manner not provided by these Terms without our or such owner’s prior written consent.

You must not:

  • reproduce, publish, distribute, modify, create, or otherwise use the Content for commercial or illegal purposes without our prior written consent;

  • sell, lease, rent, license, sublicense or otherwise distribute the Content;

  • copy, decompile, disassemble, translate or reverse engineer the Content, in whole or in part;

  • write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Content;

  • provide, disclose, divulge or make available to, or permit the use of the Content by any third party without our prior written consent;

  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures implemented to protect the Content.

You assign all rights, title and interest in any feedback you provide to us. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

Warranties and Disclaimers

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our suppliers and our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or implied (i) that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected; or (ii) that the Service, its servers, the content, or e-mails sent from us or on our behalf are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The Service depends on or contains the links to other websites and services governed by third parties, that includes (but not limited to) Weather API, Cloudflare, and Digital Ocean. We do not control the features available or accessed through such websites and services. We are not responsible for the Content and services offered through them, and for any losses, damages, or other liabilities incurred as a result of your use of such websites and services. You acknowledge that other terms of use and privacy notices apply to your use of third-party websites, services, and Content.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Liability

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or One Hundred U.S. Dollars ($100) if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Applicable Law and Arbitration

These Terms shall be exclusively governed by and construed under the laws of the State of New York.

Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by us through the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief for statutory damages) and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Northwest Registered Agent Service, Inc., 522 W Riverside Ave Suite N, Spokane, WA 99201, United States. The arbitration will be conducted by the American Arbitration Association under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoy an infringement or other misuse of intellectual property rights.

Termination

Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will cease immediately.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.

Termination by You

You may terminate these Terms by deleting the App from your device and no longer accessing or using the Website and App. In such a case, you will lose access to the App and its settings.

Please contact us to cancel the subscription after the termination of these Terms.

If you terminate your use of the Service, all permissions and licenses under these Terms will immediately terminate.

Electronic Notifications

By using the Service, you understand and agree that we may send you notifications regarding, without limitation:

  • your use of the Website or App;

  • updates of the Website or App and these Terms;

  • the Trial Period expiration;

  • notice of auto renewal and opportunity to cancel your subscription;

  • possibility of the web search customization during the free use of the App after the Trial Period expiration.

You can read more about personal data processing in our Privacy Notice.

Updates to the App

The App may continue to run in the background even upon exiting it. This is required so that we can make periodic updates to the current version(s) of our App and ensure that we are able to provide you with the Service adequately. Modifications may be made without notifying you; however, these will be made solely to improve the functionality of the App. Such updates or changes in the versions of the App shall not hamper your usage of the App or its core functionality.

You may opt out of the App running in the background by quitting the App through its Settings menu. Please note that clicking on this option may impact our ability to provide you with the App and/or Services.

Other Terms

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations.

At our sole discretion, we reserve the right to modify these Terms. If material changes affect your use of the Service, we will notify you by pop-up notification before such changes go into effect. Your continued use of the Service after such notice is provided shall constitute acceptance of the updated version of these Terms. If you disagree with the updated version of these Terms, please delete and no longer use or access the Website and App.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

If you are a U.S. federal government end user, the Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to your use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions and Contact Information

If you have any questions or comments about these Terms or the Service and/or wish to cancel your subscription, please contact us at .