Weather by Tomorrow Consumer Mobile App
End User License Agreement
Last updated: March 30th 2021
This is a legally binding license agreement (the “License Agreement”). Please read it carefully. By clicking “I Agree” or installing or using the Weather by Tomorrow App and any updates to such App (collectively, the “App”) provided by The Tomorrow Companies Inc. (“Tomorrow.io” or “we”) you agree to be bound by the terms of this License Agreement.
1. General Terms
1.1. App License. Subject to the terms herein, Tomorrow.io hereby grants you a limited, personal, non-exclusive, non-transferable, non sub-licensable right to install and use the App solely on the device to which you have downloaded the App (the “Device”) and only for the purpose of receiving weather updates based on your location. You shall be solely responsible to ensure that the App is properly installed and used.
1.2. Prohibited Uses. Other than the rights explicitly granted in this Agreement, you shall have no other rights, express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof, or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the App’s source code and/or any third party software provided by Tomorrow.io; (iii) modify, revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal manner or for unlawful purposes.
1.3. Title & Ownership. The App is the property of Tomorrow.io or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to Tomorrow.io or its licensors. All right, title and interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached, connected or related to the App, are and will remain with Tomorrow.io or its licensors. This License Agreement does not convey to you any interest in or to the App, but only a limited right of use in accordance with the terms herein. Nothing in this License Agreement constitutes a waiver of Tomorrow.io’s or its licensors’ intellectual property rights under any law.
1.4. Third Party Software. The App may include third party component, which are made available pursuant to different terms than those contained herein. Please see the open source notice located at www.tomorrow.io/legal for additional notices required by our licensors.
1.6 Pre-commercial Software Releases. If the App provided to You under this Agreement is designated by Tomorrow.io as a pre-commercial release (indicated by terms such as “early access,” “alpha,” “beta,” “trial,” “draft”, “evaluation” or “labs”) (referred to herein as “EA App”) then in lieu of the licenses granted to You above, but subject to any other executed agreement that You may have for the EA App which grants additional or different rights or imposes additional or different restrictions, You shall only have the right under this Agreement to download and install the EA App on a reasonable number of workstations for the internal and non-commercial evaluation of the App. You acknowledge that the EA App is a prerelease or experimental version and is not at the level of performance and compatibility of a final product. The EA App may not operate correctly and may be substantially modified prior to first commercial release, or may be withdrawn completely. You will not use the EA App for any production or operational purposes, and any such use which You undertake is at Your sole risk, with the understanding that the EA App may never be issued for commercial use. You shall not commercialize, distribute, publicly perform or publicly display any material produced by You using the EA App or any component thereof. If You desire other rights (such as the right to develop commercial products using the EA App) You must use a commercial release of the EA App. The use license granted in this section expires when the EA App is made available under full commercial terms which You accept or upon notice to You by Tomorrow.io, whichever is earlier.
2. Registration and User Account
2.1. Account Registration. You must be registered in order to use the App, by filling in the required information in the form in which we indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to register. You must provide true, accurate and complete information.
2.2. Authentication. Login is authenticated with a password, which you should periodically change. You must maintain the confidentiality of your account login details for your account. You are solely responsible for the security of your login credentials and will not provide such login credentials to any third party. You are responsible for any use that occurs under your login credentials. If you believe an unauthorized person has gained access to your login credentials, you will notify us as soon as possible.
3. Payments; Subscriptions
3.1. Payments. Tomorrow.io may offer the opportunity to purchase access to certain features of the App by means of one-time or recurring payments (“Subscription”) through an authorized Marketplace Provider. These payments require you to have an active account with a Marketplace Provider and provide a then-current and valid method of payment, such as a credit card or debit card (a “Payment Method”). Payments will be processed by your respective Marketplace Provider and not through Tomorrow.io. Any inquiries related to payments should be directed to your Marketplace Provider. You are responsible for all charges incurred in connection with your payments.
3.2. Subscriptions. By selecting a Subscription, you agree to pay the Marketplace Provider a subscription fee on a designated cycle for the App (the “Subscription Fee”). The first Subscription Fee will be charged to your Payment Method on the date the Marketplace Provider confirms your Subscription purchase. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method by your Marketplace Provider on a recurring basis in accordance with your designated cycle.
4.1. Except as relevant law may otherwise require to be permitted, you may not modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service or Tomorrow.io Technology, or otherwise attempt to discover its underlying code, structure, implementation or algorithms.
4.2. There may be certain restrictions, including usage limitations, set forth in the Order, including, without limitation, restrictions on the number of function calls that may be placed using the APIs. You will abide by all such restrictions. You will not install or use the Tomorrow.io Technology for any purpose other than as expressly permitted under this Agreement.
4.3. You may not use the Service or Tomorrow.io Technology in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Service or Tomorrow.io Technology.
4.4. Except as expressly permitted under Section 3(4) (to the extent applicable to you), you may not offer the Service or Tomorrow.io Technology to third parties, including by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning or redistributing the Service, Tomorrow.io Technology or any part thereof.
4.5. You will not use the APIs in connection with any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: libelous, defamatory, obscene, pornographic, abusive or otherwise illegal or offensive content; spyware, adware, or other malicious code; counterfeit goods; items subject to US embargo; unsolicited mass distribution of email or multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; or stolen products or items used for theft. Without limiting the foregoing, you will not use the APIs for any illegal purpose.
4.6. You may not perform or attempt to perform any of the following in connection with the Service or Tomorrow.io Technology:
4.6.1. Breaching the security of the Service or Tomorrow.io Technology, or identifying, probing or scanning any security vulnerabilities in the Service or Tomorrow.io Technology,
4.6.2. Accessing data not intended for you, or accessing an account you are not authorized to access;
4.6.3. Interfering with, circumventing, manipulating, overloading, impairing or disrupting the operation, or the functionality of the Service or Tomorrow.io Technology;
4.6.4. Working around any technical limitations in the Service or Tomorrow.io Technology;
4.6.5. Using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service or Tomorrow.io Technology;
4.6.6. Collecting or processing information or data about the Company’s customers;
4.6.7. Sending any virus, worm, Trojan horse or other malicious or harmful code or attachment; or
4.6.8. Using robots, crawlers and similar applications to scrape, harvest, collect or compile content from or through the Service or Tomorrow.io Technology.
4.7. You will only use the Service and Tomorrow.io Technology in compliance with all applicable laws, rules and regulations, and you represent and warrant that Your Data does not and will not violate any third party rights or any applicable laws. If you execute an Order that indicates you will receive access to the APIs for commercial use, you further represent, warrant and covenant that you will not make any representation or warranty concerning the quality, performance or other characteristics of the Service.
4.8. You will not store or otherwise collect or copy the unaltered Datafeed, unless otherwise expressly provided for in the Order. If the Order provides for storing the Datafeed, you may only store the Datafeed for the duration of the Term of the applicable Order and conditioned upon your timely payment of applicable Fees, as provided in the Order.
4.9. You will not, and will not allow or assist third parties to, publish, distribute or disclose the results of any benchmark tests performed on the Tomorrow.io Technology or otherwise use any testing results related to the Tomorrow.io Technology for your marketing purposes, or for development of competing technology.
4.10. YOU MAY NOT USE THE SERVICE OR TOMORROW.IO TECHNOLOGY FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
4.11. WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE, AS WELL AS MISUSE OF THE SERVICE AND TOMORROW.IO TECHNOLOGY. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT ON AND ACCESS TO THE SERVICE AND TOMORROW.IO TECHNOLOGY, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE USE, OR MISUSE, OF THE SERVICE OR TOMORROW.IO TECHNOLOGY.
5. Warranty Disclaimer
5.1. Performance. We do not guarantee that the App will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions. Without limiting the foregoing, in no event will Tomorrow.io be responsible for any slow-downs, failures or other malfunctions that are caused by your breach of this Agreement.
5.2. Assumption of Liability. You are solely and exclusively responsible: (i) for all actions you take in response to your usage of the App; (ii) to check for any alerts or warnings issued by the App and determine what actions are appropriate in light thereof; and (iii) to carry out such actions as you deem appropriate as a result of your usage of the App. We are not responsible or liable for your reliance upon, or use of, the App, your actions in connection with the App, or any consequences resulting therefrom.
5.3. ALTHOUGH WE USE SKILL AND EFFORTS TO DEVELOP THE APP AND HAVE THE APP PROVIDE ACCURATE, RELIABLE, EFFECTIVE AND ACTIONABLE DATA, WE DO NOT GUARANTEE, MAKE NO REPRESENTATION, AND PROVIDE NO WARRANTY ABOUT THE RELIABILITY, EFFECTIVENESS, ACCURACY OR COMPLETENESS OF THE APP, THE EXPECTED RESULTS, OUTCOMES OR ANY OTHER OPERATIONAL BENEFITS FROM UTILIZING THE APP.
5.4. THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOMORROW.IO AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. TOMORROW.IO DOES NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR FREE.
5.5. TOMORROW.IO SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND TOMORROW.IO RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT TOMORROW.IO IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES.
5.6. You the user assume the entire risk related to use of information provided by the app. Tomorrow.io provides such information “as is,” and disclaims any and all warranties, whether express or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. In no event will Tomorrow.io be liable to you or to any third party for any direct, indirect, incidental, consequential, special or exemplary damages or lost profit resulting from any use or misuse of this data.
6. Limitation of Liability
IN NO EVENT SHALL TOMORROW.IO HAVE ANY LIABILITY TO YOU UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT WILL TOMORROW.IO BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT TOMORROW.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.1. You agree to indemnify and hold harmless us and our directors, officers, employees, and contractors, upon our request and at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any complaint, claim, plea, or demand brought by a third party in connection with, arising from or otherwise related to (a) your breach of this Agreement or (b) your gross negligence or willful misconduct.
7.2. If we seek indemnification from you, we will provide you with (i) prompt written notice of any indemnifiable claim; (ii) reasonable assistance and cooperation in the defense of such indemnifiable claim and any related settlement negotiations, at your expense; and (iii) exclusive control over the defense or settlement of such indemnifiable claim, provided, however, that we may settle or reach compromise on any such claim without your consent, if and to the extent such settlement or compromise does not impose any liability (monetary, criminal or otherwise) on you. We will have the right to participate, our own expense, in the defense (and related settlement negotiations) of any indemnifiable claim with counsel of our own selection.
8. Term and Termination
Tomorrow.io may terminate this License Agreement at any time without cause without any requirement of notice. Upon any such termination or expiration, you shall no longer be permitted to use the App, and shall delete all copies of the App in your possession.
9. Export Control
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
10. Governing Law; Venue
This License Agreement is exclusively governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its rules of conflict of laws. Any dispute, controversy or claim which may arise out of or in connection with this License Agreement, shall be submitted to the sole and exclusive jurisdiction of the competent courts in Boston, Massachusetts. Subject to the following sentence, each party hereto hereby expressly consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections related thereto including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens. Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.
This Agreement constitutes the entire agreement between the parties. Tomorrow.io may modify the terms of this License Agreement by making the updated version of this License Agreement available through the App, without requiring any further notice to you. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You shall not assign this Agreement without Tomorrow.io’s prior written approval, and any such purported assignment shall be null void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Sections 1.2, 1.3, 1.4, 5, 6, 9 and 10 shall survive the termination of this Agreement.