Terms of Service

‍Our Company and Focus. Weathervane Labs, LLC dba Weathervane, a Minnesota limited liability company (referred to in these Terms of Service as “Weathervane®” “we” and through similar words such as “us,” “our,” etc.) researches, develops, and distributes software products and services the deliver personal weather intelligence to users in the United States. Personal weather intelligence is weather decision support customized and adaptive to individuals. We tailor this information by combining weather data with your characteristics, preferences, and experiences to predict how you will feel outside so that you can make better decisions with less effort.

Our Services. Weathervane® services are owned, operated and distributed by us, including (without limitation) all websites, mobile applications and other digital products through which such services are delivered (collectively, the “Service”).

Our Privacy Policy. Weathervane® has established a Privacy Policy to explain to you, and other users, how we collect, use, protect, and share personal information, and the choices you have about your privacy. This Privacy Policy is located at www.weathervane.io/privacy.

Your Agreement. By accessing any part of the Service, you are agreeing to the terms and conditions described below (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (the “Privacy Policy”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use or submit content to the Service. If you have engaged Weathervane® for specific Services as described herein through a subsequent agreement, to the extent there are any conflicts between these Terms of Service and that agreement, that agreement shall control.

BY ACCEPTING THE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED THESE TERMS OF SERVICE. ADDITIONALLY, BY ACCESSING OR USING THE SERVICE, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

Applicability. These Terms of Service apply to all users. This includes users who:

• View content available via the Service,
• Participate in beta testing (i.e. preview release)
• Use free services, including free trials,
• Use paid services, including subscription.

Transferability. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

1. ABOUT OUR SERVICES

1.1. OVERVIEW

Software. The Service includes software products accessible via mobile and web platforms (i.e., software as a service). When accessing the Service through a mobile device, your wireless carrier's standard charges, data rates, and other fees may apply. Your ability to access and use the Service may be affected by your carrier's restrictions, your device compatibility, and your device’s operating system version. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to the Service.

Geographic Availability. The Service is controlled and offered by us from our facilities in the United States of America. Except as indicated in these Terms of Service and the Privacy Policy, we make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Additional Services. Weathervane® may introduce new services beyond our current offerings. For any new service, we will update these Terms, provide clear notice, and obtain your explicit consent before enabling features that require additional data collection or payment. Your continued use of existing services does not constitute acceptance of terms for new services. Each new service may have specific terms and privacy requirements that will be presented before use. You may continue using existing services without adopting new ones. We reserve the right to limit availability of new services and may discontinue them at our discretion.

Fees. We reserve the right, at any time, to change any fees or charges for using the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. You will be responsible for all taxes, levies, duties or similar charges.

1.2. WEBSITE

Weathervane® webpages (including but not limited to www.weathervane.io and www.weathervane.app) (together, “Website”) serve as the primary entry points to learn about and access our personal weather intelligence products and services. The Website provides essential company information, product and service documentation, and legal resources.

You can visit the public sections of the Website without identifying yourself or providing personal information. However, certain features like requesting product access, subscribing to newsletters, or downloading resources may require you to provide basic contact information.

1.3. MOBILE WEATHER APP

Functionality. The Weathervane® mobile application (“App”) is designed for people who want to embrace time outside. The App is powered by a combination of cloud-based and mobile technology, which deliver user-specific experiences that connect weather data with individual needs and preferences. You may choose to engageWeathervane® and the App as a weather intelligence software solution. The App has three core features: a dashboard provides weather forecasts and personalized thermal comfort predictions, organized in a modular format with action-oriented tools to support decision making about outdoor activities; a user profile allows users to manage their settings, personal data, and research participation while accessing personalized insights; and a comfort diary lets users record their weather experiences alongside environmental data automatically gathered to build a personalized weather history.

Access. The App is available for download through authorized distribution platforms such as Apple TestFlight, the Apple App Store, and Google Play. All users will have access to the App if they have an authenticated account. Users can use the App at any time with no limitations as long as the user is in full compliance with Weathervane®’s Privacy Policy, Terms of Service, and all payments are current.

Minimum Age. You must be 18 years of age or older to use or register for the App. By accessing or using the App, you represent and warrant that you are at least 18 years old.

Account Registration. In order to access the App, you must create a login account. For individuals, registering an account will mean completing the necessary information to have an account through the App. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you personally. In some circumstances, you may register on behalf of an organization that has multiple employees, owners, contractors, etc. In such circumstance, “you” includes yourself individually and such organization, and you represent and warrant that you are a duly authorized representative of such organization and have the authority to bind such organization to these Terms of Service. Weathervane® reserves the right to demand proof of eligibility at any time and to suspend or terminate your account and/or your access to and use of all or any part of the App if satisfactory evidence of eligibility is not promptly provided. You further certify that any personal information provided of other employees, owners, contractors, etc. is treated consistent with these Terms of Service and our Privacy Policy. Accounts registered by “bots” or other automated methods are not permitted under any circumstances.

Information Accuracy. As a condition of your use of the Service, you agree to: (a) provide Weathervane® with true, accurate, current and complete information as prompted by the App; and (b) update and maintain the truthfulness, accuracy and completeness of such information. You acknowledge and agree that Weathervane® may use the information you provide to Weathervane® or submit to the App according to the terms of its Privacy Policy.

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2. USER RESPONSIBILITIES

2.1. LICENSE

Weathervane® offers content via the App and the Website, which is comprised of copyrighted and/or trademarked material owned by Weathervane®, its third-party licensors, suppliers, or other users of the App (collectively referred to as the "Materials"). These Materials encompass various forms such as data, information, images, text, graphics, video, audio, logos, software, and other content. Subject to the terms and conditions outlined in these Terms of Service and each user’s adherence to them, Weathervane® grants each user a limited, non-exclusive, and non-transferable license. This license permits each user to use and display the Materials and to utilize the App solely within the intended functionality provided by the App. Apart from this specified license, the user shall not possess any other rights concerning the App, the Website or any Materials. You are prohibited from modifying, copying, editing, reproducing, creating derivative works of, reverse engineering, altering, enhancing, or exploiting the App, the Website, or the Materials in any manner. The license automatically terminates upon the deletion of your account.

2.2. ACCOUNT SECURITY

When applicable, you will create an account with a unique email address and a password (together, credentials) when you register. Your account credentials may only be used by you to access the App and/or the Website. You are solely responsible for maintaining and protecting the confidentiality of your account credentials and are fully responsible for all activities that occur while your account is authenticated. You further are responsible for ensuring that all persons who access the App and/or the Website through your internet connection or through your mobile device are aware of these Terms of Service comply with them.

2.3. ACCOUNT ACTIVITY

You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws and these Terms of Service.

2.4. ACCEPTABLE USE

You shall have the following responsibilities when using the App or the Website:

Website. You must provide accurate information when requesting access to services and use the website only for its intended purpose of learning about and requesting access to services.

App. You must provide accurate personal information for accurate predictions, report genuine thermal comfort experiences, and use research participation features in an appropriate manner.

2.5. PROHIBITED USE

You may use the Services only for lawful purposes and in accordance with these Terms of Service. The following activities are strictly prohibited:

Legal and Policy Violations:

• Violating any applicable federal, state, local, or international law or regulation (including laws regarding data and software export)
• Promoting illegal activities or attempting to defraud, mislead, or deceive others
• Exploiting or harming minors in any way
• Sharing your login credentials

Interference and Security:

• Disabling, overburdening, damaging, or impairing the Service
• Using any device, software, or routine that interferes with the proper operation of the Services
• Attempting unauthorized access to, interfering with, or disrupting the Service, servers, or connected networks
• Sending or storing malicious software
• Conducting systematic or automated data collection activities without authorization
• Using manual or automated processes to monitor or copy Service content

Content and Communication:

• Infringing upon intellectual property rights
• Transmitting unsolicited communications, promotions, or spam
• Engaging in harassing, discriminatory, or abusive behavior toward any person or group
• Impersonating Weathervane®, its employees, other users, or any person or entity
• Providing false information
• Using the Service for marketing purposes without express written consent

Technical Restrictions:

• Decompiling, reverse engineering, or disassembling the software
• Modifying, moving, adding to, deleting, or tampering with Service content
• Using the Service in ways that restrict or inhibit others' use or enjoyment

2.6. UNAUTHORIZED USE

You shall be responsible and held liable for the unauthorized use of any forms or electronic files that may have copyrights or other restrictions. You are obligated to ensure all material that you use is legally owned by you or your organization. You are responsible for maintaining and updating passwords at a reasonable frequency to limit the exposure of unauthorized use. You agree not to share your password, let others use your password, or do anything else that may pose a security risk to your account. You are solely responsible for accepting new releases/updates to ensure Weathervane®’s software is running and operating optimally. You are responsible for keeping all Weathervane®’s features, pricing, and intellectual property confidential. All demonstrations, price quotes, and invoices presented to each user shall not be shared outside of your organization (if applicable) or used for any other purpose than what it is intended for. Your invoices must be paid, and your billing account must be current in order for the user to use the Services. Weathervane® reserves the right to de-activate any account at any time that has an outstanding balance.

2.7. USE VOID WHERE PROHIBITED

Use of the App and/or Website is void where prohibited.

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3. INTELLECTUAL PROPERTY

3.1. LIMITED LICENSE

By agreeing to the terms and conditions of these Terms of Service, Weathervane® grants you a limited license to use the App and/or the Website. The App and/or the Website and its entire contents (other than user-generated User Content, which is defined in the User Content License subsection), features and functionality (including but not limited to all information, software, text, displays, graphics images, video and audio, and the design, selection and arrangement thereof), are owned by Weathervane®, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Our proprietary technology includes comfort prediction algorithms, weather modeling systems, and user interface designs. These Terms of Service permit you to use the Service for your use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material related to the App and/or the Website, except as follows:

• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your browser or mobile device for display enhancement purposes.
• You may print, download, or screenshot one copy of a reasonable number of pages of the App and/or the Website for your own use and not for further reproduction, publication or distribution.
• For social media features, if any, provided with certain functionality, you may take such actions as are enabled by such features.

You shall not:

• Modify copies of any materials from the App and/or the Website, except as expressly permitted and enabled by and through features of the App and/or the Website dedicated to such purpose.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App and/or the Website or this site.

Except for Third Party Content, all material included on the App and/or the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, materials, surveys, training, activities, knowledge, processes, methodologies, formats and the like (“Weathervane® Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. In addition, the compilation and presentation of the Weathervane® Content on the App and/or the Website is subject to copyright owned exclusively by us. Weathervane® Content on the App and/or the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the App and/or the Website and the Weathervane® Content. You agree to not engage in the use, copying, or distribution of any of the Weathervane® Content other than expressly permitted herein, including any use, copying, or distribution of public submissions of third parties obtained through the App and/or the Website for any commercial purposes. If you download or print a copy of the Weathervane® Content for personal use, you shall retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the App and/or the Website or features that prevent or restrict use or copying of any Weathervane® Content or enforce limitations on use of the App and/or the Website or the Weathervane® Content therein.

3.2. TRADEMARKS

Weathervane®’s name, “Weathervane®,” “Climatize®,” “Seasonable™,” our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Weathervane® or its affiliates or licensors. You shall not use such marks without the prior written permission of Weathervane®. All other names, logos, product and service names, designs and slogans on the App and/or the Website are the trademarks of their respective owners.

3.3. THIRD PARTY CONTENT

The App and/or the Website may contain links to third party content and other third-party websites that are not owned or controlled by Weathervane®. Links are provided to online users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Weathervane®. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.

3.4. USER DATA AND WORK PRODUCT

Information collected from and work-product created for specific users of the App and the Website is referred to in these Terms of Service as “User Data.” Such User Data shall include, for example, all customized reports, analyses, documentation, personal data, behavioral data, activities, device data, and research study data prepared, developed and conceived by Weathervane® for users and delivered by Weathervane® to users as apart of the App and/or the Website. Customized materials and work products created by Weathervane® for specific users must be designated as such, and unless designated as customized for a user, it is assumed such items are Weathervane® Content (as defined herein).

You retain all of your ownership rights in your User Data. Subject to these Terms of Service, you grant Weathervane® (a) a limited, revocable, worldwide, non-exclusive, royalty-free license to use the User Data solely for purposes of providing the App and/or Website functionality to you; and (b) a perpetual, nonexclusive, worldwide, royalty-free, transferable, sub-licensable license to use, copy, store, process, manipulate, modify, change, configure, perform, display and transmit in order to incorporate User Data into aggregated and anonymized data sets including, without limitation, for the purpose of improving the App and/or the Website. You grant to Weathervane® an irrevocable, non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual permission to aggregate User Data with Weathervane®’s other users or other data from other sources and to use in any way, de-identified User Data and aggregated User Data. All research participants grant to Weathervane® a limited, irrevocable, non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual license to use their anonymized data.

We expressly disclaim any and all liability in connection with User Data. We reserve the right to remove any data (including, without limitation, User Data without prior notice) or to refuse to transmit, publish, or analyze any User Data for any reason, and to terminate or refuse a User’s access to the App and/or Website for any reason.

3.5. USER CONTENT LICENSE; PUBLICATION AND DISTRIBUTION OF USER CONTENT

Although Weathervane® does not claim ownership of any of the reviews, ratings, and communications with other App and/or Website users (collectively, the “User Content”), by providing User Content, you automatically grant, and represent and warrant that you have the right to grant to Weathervane® an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, reconfigure, process, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and to authorize sub-licenses (through multiple tiers) of the foregoing. In addition, by providing Weathervane® with User Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content by any other party. You understand that Weathervane® may display, disseminate, or place promotions near, with, or adjacent to your User Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of any such promotions are subject to change at Weathervane®’s sole discretion and without notice to you. Other than reviews, ratings, and communications with other App and/or Website users, User Content does not include other information, data, or other text you provide to us or otherwise submit to the App and/or the Website, which we own upon submission to us and/or the App and/or the Website.

Weathervane® does not guarantee the accuracy, integrity, quality, or appropriateness of any User Content transmitted to or through the App and/or the Website. Users acknowledge that Weathervane® simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of User Content. You understand that all User Content posted on, transmitted through or linked through the App and/or the Website, is the sole responsibility of the person from whom such User Content originated. You understand that Weathervane® does not control and is not responsible for User Content made available through the App and/or the Website, and that by using the App and/or the Website, you may be exposed to User Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any User Content. You further acknowledge that Weathervane® has no obligation to screen, preview, monitor, or approve any User Content or any content posted or submitted by any other Weathervane® user. However, Weathervane® reserves the right to review and delete any User Content that, in its sole judgment, violates these Terms of Service. By using the App and/or the Website, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness, or appropriateness of any User Content that you submit, receive, access, transmit or otherwise convey through the App and/or the Website. Under no circumstances will Weathervane® be liable in anyway for any User Content, including, but not limited to, any User Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any User Content submitted, accessed, transmitted or otherwise conveyed via the App and/or the Website. You waive the right to bring or assert any claim against Weathervane® relating to User Content, and release Weathervane® from any and all liability for or relating to any User Content.

3.6. SUBMISSION OF REVIEWS AND CONTENT

In connection with your use of the App and/or the Website, you represent and warrant that:

• Weathervane® may redact, delete, or reject your reviews if they do not conform with Weathervane®’s publication criteria, which may change from time to time at Weathervane®’s sole discretion.
• You will not submit any reviews that may be considered by Weathervane® to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable.
• You will not submit reviews that comment on other users or the reviews of other users.
• You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Weathervane®, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating.
• You will have sufficient rights in and to all User Content that you provide, transmit or otherwise convey to Weathervane®in connection with the App and/or the Website.

The reviews and ratings that you provide do not reflect the views of Weathervane®, its officers, managers, owners, employees, agents, designees or other users. In addition, Weathervane® retains the right, in its sole discretion, to determine whether or not your use of the App and/or the Website is consistent with these Terms of Service.

3.7. DIGITAL RIGHTS POLICY

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App and/or the Website, please notify us. For your complaint to be valid under the ‘DMCA’ (Digital Millennium Copyright Act of 1998), you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the App and/or the Website;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following:

Email address: support@weathervane.io

Subject: Digital Copyright Infringement

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is for notifying Weathervane® that your copyrighted material has been infringed on. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the App and/or the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

3.8. DISCLOSURE OF INFORMATION

As Weathervane® continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, user information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under these Terms of Service.

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4. TERM, MODIFICATION, AND TERMINATION

4.1. TERM OF THESE TERMS OF SERVICE

The term of these Terms of Service will be in effect and continue so long as you have an active registration with Weathervane® or are using the App and/or the Website. In other words, the term shall continue as long as you are permitted to use the App and/or the Website.  Weathervane®may, for any reason in its sole discretion, immediately terminate these Terms of Service, your account, and your access to the App and/or the Website. Termination of your account will include removal of your access to all offerings of the App and/or the Website, deletion of your password, deletion of all related information and files, may include the deletion of the User Content associated with your account (or any part thereof), and barring your further use of the App and/or the Website.

4.2. MODIFICATION OF THESE TERMS OF SERVICE

We may, at our sole discretion, modify these Terms ofService or the incorporated Privacy Policy at any time. By accessing or using the App and/or the Website at any time after such modifications, you are agreeing to such modifications. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We do reserve the right to notify users through email notifications, notifications in the App, announcements on the Website and API changelog for developers. If a modification is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material modification will be determined at our sole discretion. We will seek your consent for material changes to our policies on data collection and terms. If you reject the new terms, please discontinue your use of the App and/or the Website.

These Terms of Service were last modified as of the date shown at the beginning of these Terms.

4.3. MODIFICATION, LIMITATION, AND DISCONTINUATION OF SERVICE

Weathervane® reserves the right at any time and for any reason to limit access to, modify, change, or discontinue your use of the App and/or the Website with or without notice to you and we shall not be liable to you for any such modification, suspension, or discontinuance of the App and/or the Website. In addition, we may modify and/or temporarily or permanently discontinue all or any part of the App and/or the Website and/or at any time at our sole discretion, with or without notice, and will not be liable for any such action. You agree that Weathervane® shall not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the App and/or the Website. You agree that Weathervane® may establish general practices, policies and limits, which may or may not be published, concerning the use of the App and/or the Website. You agree that Weathervane® has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained or transmitted by or through the App and/or the Website. You agree that Weathervane® has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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5. SERVICE INTERRUPTIONS

5.1. GENERAL DELAYS

The App and/or the Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Weathervane® shall not be responsible for any delays, failures or other damage resulting from such problems.

5.2. FORCE MAJEURE

Neither Weathervane® nor you will be liable for any failure or delay in performing obligations under these Terms of Service where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, extreme weather events, fire, war, civil unrest, epidemics, pandemics, government actions, telecommunications failures, cyber-attacks, internet service provider outages, or similar unforeseeable events.

Weathervane® will use reasonable efforts to minimize service disruptions and maintain user access to data in accordance with the Privacy Policy throughout any such events.

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6. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE APP AND/OR THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WEATHERVANE® ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF USER CONTENT OR FAILURE BY THE APP AND/OR THE WEBSITE. TO THE MAXIMUM EXTENT ALLOWED BY LAW,  WEATHERVANE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE APP AND/OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE APP AND/OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP AND/OR THE WEBSITE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WEATHERVANE® COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN THE APP AND/OR THE WEBSITE WILL BE CORRECTED.  YOU BEAR THE ENTIRE RISK AS TO THE QUALITY OR PERFORMANCE OF THE APP AND/OR THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP AND/OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE APP AND/OR THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE SHALL 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 AND/OR MOBILE DEVICE EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP AND/OR THE WEBSITE OR ITEMS OBTAINED THROUGH THE APPAND/OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM. YOU AGREE THAT USE OF THE APP AND/OR THE WEBSITE IS AT YOUR OWN RISK.

IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.

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7. DISCLAIMERS

7.1. GENERAL DISCLAIMERS

BY USING THE APP AND/OR THE WEBSITE, YOU AGREE AS FOLLOWS:

• SERVICE QUALITY AND ACCURACY MAY BE IMPACTED WHEN ACCESSING THROUGH A VIRTUAL  PRIVATE NETWORK (VPN) OR PROXIES.
• WEATHER FORECASTS AND PREDICTIONS ARE PROVIDED "AS IS" WITH NO GUARANTEE OF ACCURACY.
• USERS ACKNOWLEDGE THAT WEATHER CONDITIONS CAN CHANGE RAPIDLY AND UNPREDICTABLY.
• WEATHERVANE MAKES NO WARRANTIES ABOUT THE RELIABILITY OR ACCURACY OF ANY FORECAST.
• USERS SHOULD ALWAYS CONSULT OFFICIAL WEATHER SERVICES FOR SEVERE WEATHER ALERTS.
• WEATHER DATA SHOULD BE CONSIDERED ONE OF MANY INPUTS FOR DECISION-MAKING.
• COMFORT PREDICTIONS AND RECOMMENDATIONS ARE NOT MEDICAL ADVICE.
  
• USERS SHOULD CONSULT HEALTHCARE PROVIDERS FOR MEDICAL DECISIONS.
• THERMAL STRESS WARNINGS ARE GENERAL GUIDANCE ONLY.
• INDIVIDUAL RESPONSES TO WEATHER CONDITIONS MAY VARY SIGNIFICANTLY.
• USERS ARE RESPONSIBLE FOR THEIR OWN SAFETY DECISIONS.
  
• RESEARCH INSIGHTS ARE FOR GENERAL KNOWLEDGE ONLY.
• PARTICIPATION IN STUDIES DOES NOT CONSTITUTE A MEDICAL RELATIONSHIP.
  
• RESEARCH FINDINGS MAY NOT APPLY TO INDIVIDUAL CIRCUMSTANCES.
• USERS PARTICIPATE IN RESEARCH STUDIES VOLUNTARILY AND AT THE USER'S OWN RISK.
• USERS CAN OPT OUT OF RESEARCH AT ANY TIME.
• TECHNICAL SUPPORT IS PROVIDED ON A BEST-EFFORT BASIS.

7.2. MOBILE WEATHER APP DISCLAIMERS

• PERSONALIZED INSIGHTS ARE BASED ON USER-PROVIDED INFORMATION.
• ACTIVITY, OUTFIT, AND SCHEDULING RECOMMENDATIONS ARE SUGGESTIONS ONLY.
• USERS ARE SOLELY RESPONSIBLE FOR THEIR OUTDOOR ACTIVITY DECISIONS.
• APP AVAILABILITY MAY BE AFFECTED BY DEVICE, NETWORK, OR SYSTEM ISSUES.

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8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEATHERVANE® WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WEATHERVANE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM OR CONNECTED IN ANY WAY TO: (A) THE USE OR INABILITY TO USE THE APP AND/OR THE WEBSITE; (B) THE COST OF ANY SERVICES OBTAINED AS A RESULT OF THE USE OF THE APP AND/OR THE WEBSITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR USER CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE APP AND/OR THE WEBSITE; (E) ANY MATTER RELATING TO THE APP AND/OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DECISIONS MADE BASED ON THE APP AND/OR THE WEBSITE; (F) EVENTS OF FORCE MAJEURE; (G) BUSINESS INTERRUPTIONS CAUSING DAMAGES SUCH AS LOST PROFITS; (H) PERSONAL INJURIES OR PROPERTY DAMAGES; (I) NEGLIGENT ACTIONS OR OMISSIONS OF WEATHERVANE®; (J) THE ACTIONS AND/OR NEGLIGENCE OF A THIRD PARTY OR SERVICES PROVIDED BY A THIRD PARTY; OR (K)ANY BREACH OF THESE TERMS OF SERVICE BY WEATHERVANE® OR THE FAILURE OF WEATHERVANE® TO PROVIDE THE APP AND/OR THE WEBSITE UNDER THESE TERMS OF SERVICE. WEATHERVANE®’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES COLLECTED BY WEATHERVANE® FROM THE USER FOR THE USER’S USE OF THE APP AND/OR THE WEBSITE.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

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9. INDEMNITY

You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App and/or the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any information or content you provided to Weathervane® caused damage to a third party; (v) claims by your end users; or (vi) any action taken by a third party using your account. This obligation shall survive these Terms of Service and your use of the App and/or the Website.

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10. DISPUTE RESOLUTION

10.1. INFORMAL RESOLUTION

By using the App and/or the Website, you agree to attempt to resolve all matters initially through informal means. Notice of all disputes should be reported to support@weathervane.io. We will respond to all reported disputes within thirty (30) days receiving the disputes. In the notice, you shall provide reasonable detail in your complaint. We agree to resolve each dispute through good-faith negotiations.

10.2. FORMAL RESOLUTIONS

To initiate our formal resolution process, you shall raise provide written notice of the failure to resolve the dispute. The notice shall include the nature of the unresolved dispute. We reserve the right to initiate a thirty-day “cooling-off” period after we receive notice of the unresolved disputed.

For all disputes that are not resolved informally, you shall first attempt to mediate the dispute. Such mediation shall be conducted in Hennepin County, Minnesota. The parties shall equally divide the costs of such mediation.

If we fail to come to a resolution, you shall submit to binding arbitration.

10.3. AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any civil action, claim, dispute, or proceeding arising out of or relating to this or any previous version of these Terms of Service, your use of or access to the App and/or the Website, or any service provided by Weathervane®, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Service by you as provided below, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this “Agreement to Arbitrate” section (this “Agreement to Arbitrate”).

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply these Terms of Service as a court would. 

The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of these Terms of Service, including any claim that all or any part of the Agreement to Arbitrate or these Terms of Service is void or voidable. 

The arbitration will be conducted by the American Arbitration Association (the “AAA”) in Minneapolis, Minnesota, under the AAA’s rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org.  A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org.

Weathervane® and you will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined, or the parties have agreed in writing to an alternate allocation of fees and costs. 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Minnesota, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Hennepin County, Minnesota.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE APP AND/OR THE WEBSITE, OR ANY SERVICE PROVIDED BY WEATHERVANE®, YOU CONSENT TO THESE RESTRICTIONS EXCEPT WHERE THESE RESTRICTIONS MAY NOT BE WAIVED AND ARE REQUIRED UNDER APPLICABLE LAW.

Exclusions from Arbitration. YOU AND WEATHERVANE® AGREE THAT THE ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING THE INFRINGEMENT, PROTECTION, OR VALIDITY OF YOUR OR WEATHERVANE®’S TRADE SECRETS, COPYRIGHT, TRADEMARK, PATENT RIGHTS, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS; (2) CLAIMS YOU CHOOSE TO PURSUE IN SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE OVER WEATHERVANE® AND YOU OTHERWISE QUALIFIES FOR SUCH CLAIMS COURT AND WHERE YOUR CLAIM DOES NOT INCLUDE A REQUEST FOR ANY TYPE OF EQUITABLE RELIEF; AND (3) CLAIMS SEEKING INJUNCTIVE RELIEF.

Right to Opt-Out of Binding Arbitration and Class Action Waiver Within thirty (30) Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to Weathervane Labs, LLC, Attention: Legal, 400 S. 4th Street, Suite 401-444 Minneapolis, MN 55415. The written notice must be postmarked or emailed within thirty (30) days of the later of the effective date of theseTerms of Service or your initial login to the App and/or visit to the Website. Your written notification shall include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with Weathervane® through arbitration. Otherwise, you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, Weathervane® also shall not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the App and/or the Website will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this Section or any other Section of these Terms of Service. 

Notice of Dispute. IF YOU HAVE A DISPUTE WITH WEATHERVANE®, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO Weathervane Labs, LLC, Attention: Legal, 400 S. 4th Street, Suite 401-444 Minneapolis, MN 55415 TO GIVE THE WEATHERVANE® THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute.

Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section shall be strictly confidential.The fact that an arbitration exists or is proceeding, the nature of the dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to Weathervane®’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to complywith any applicable law or regulation.

Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the dispute will be decided by a court and you and Weathervane® with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation. This Section shall survive any termination of these Terms of Service or the provision of your use of the App and/or the Website. Throughout the duration of a dispute, we reserve the right to continue, suspend, or modify your use of the App and/or the Website. Any changes shall be communicated to you. We shall provide credits and refunds according to our policies currently in place. All users shall retain access to their data in accordance with the Privacy Policy.

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11. MISCELLANEOUS

Headings. The section, subsection, and paragraph headings contained in these Terms of Service are added for convenience only, shall not be deemed to be a part of these Terms of Service for any purpose, and shall not affect in any way the meaning, interpretation, or construction of these Terms of Service.

Choice of Law. You agree that the App and/or the Website shall be deemed a passive service organized in the State of Minnesota and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Minnesota, County of Hennepin. These Terms of Service shall be governed by the internal laws of the State of Minnesota, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the App and/or the Website or our services shall be subject to the exclusive jurisdiction of the federal and state courts located in the State of Minnesota, County of Hennepin.

Entire Agreement. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the App and/or the Website or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the App and/or the Website and our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APP AND/OR THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than one (1) year after the cause of action arose.

Communications. Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing. By providing contact information to Weathervane®, you expressly authorize Weathervane® (and any party acting on behalf of Weathervane®) to communicate with you via email at the email address(es) you provide and, if you provide a mobile phone number, via text message at the mobile number(s) you provide, until and unless you request that such communications cease. For text messages, you agree that Weathervane® may use automatic telephone dialing systems, and you confirm that you own or are authorized to provide any numbers you submit to the App. Wireless carrier message and data rates may apply. You may revoke your consent to receive marketing and promotional communications at any time using the opt-out methods provided in the messages. Essential account communications and legally required notices will continue to be sent.

Contact. If you have any questions about these Terms of Service, please contact us via email at support@weathervane.io or physical mail at Weathervane Labs, LLC, Attention: Support, 400 S 4^th St Ste 401-444, Minneapolis, MN 55415.

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