1. Acceptance of Terms
Welcome to WeatherOrNot. These Terms of Service ("Terms") govern your access to and use of the WeatherOrNot mobile application ("App") operated by WeatherOrNot ("we", "our", or "us") from Australia.
By downloading, installing, or using our App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our App.
2. Description of Service
WeatherOrNot is a weather-activity matching application that:
- Provides weather information for locations you specify
- Calculates activity condition scores based on weather data
- Sends notifications when conditions are favourable for your selected activities
- Allows you to create and customise activities with preferred weather conditions
3. Account Registration
3.1 Account Creation
To use certain features of the App, you must create an account. You agree to:
- Provide accurate and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorised use of your account
3.2 Account Eligibility
You must be at least 13 years old to use this App. By using the App, you represent that you meet this age requirement.
4. Premium Subscription
4.1 Premium Features
WeatherOrNot offers premium subscription plans that provide access to additional features. Details of premium features and pricing are available within the App.
4.2 Payment and Billing
- Premium subscriptions are billed through your Apple App Store or Google Play Store account
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
- You can manage and cancel subscriptions through your device's app store settings
4.3 Refunds
Refund requests are handled by Apple or Google according to their respective refund policies. We do not have the ability to process refunds directly. For refund enquiries, please contact the relevant app store.
4.4 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorised access to our systems or other users' accounts
- Interfere with or disrupt the App's operation or servers
- Reverse engineer, decompile, or disassemble the App
- Use automated systems or software to extract data from the App
- Share your account credentials with others
- Use the App in any way that could damage, disable, or impair our services
6. Weather Information Disclaimer
Important: Weather data and activity scores provided by WeatherOrNot are for informational purposes only. You acknowledge and agree that:
- Weather forecasts are inherently uncertain and may be inaccurate
- Activity scores are calculated algorithmically and represent general guidance only
- You are solely responsible for assessing actual conditions before engaging in any activity
- You should not rely solely on the App when making decisions that could affect your health or safety
- We are not responsible for any decisions you make based on information provided by the App
Always check official weather sources and use your own judgement, especially for activities that involve inherent risks such as skiing, surfing, hiking, or other outdoor pursuits.
7. Intellectual Property
7.1 Our Intellectual Property
The App, including its design, features, content, and underlying technology, is owned by WeatherOrNot and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our App without our prior written consent.
7.2 Your Content
You retain ownership of any content you create within the App (such as custom activities). By using the App, you grant us a limited licence to use this content solely for the purpose of providing our services to you.
8. Third-Party Services
Our App integrates with third-party services including Firebase (Google) and WeatherAPI. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.
9. Disclaimer of Warranties
To the maximum extent permitted by law, but subject to your rights under the Australian Consumer Law:
- The App is provided "as is" and "as available" without warranties of any kind
- We do not warrant that the App will be uninterrupted, error-free, or secure
- We do not warrant the accuracy, reliability, or completeness of any weather information
- We make no warranties regarding the results that may be obtained from use of the App
10. Limitation of Liability
To the maximum extent permitted by applicable law, but subject to your rights under the Australian Consumer Law:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We shall not be liable for any loss of profits, data, use, goodwill, or other intangible losses
- Our total liability for any claim arising from your use of the App shall not exceed the amount you paid us in the 12 months preceding the claim, or AUD $100, whichever is greater
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless WeatherOrNot and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App or violation of these Terms.
12. Termination
12.1 Termination by You
You may stop using the App and delete your account at any time. To delete your account, please use the account deletion feature within the App or contact us at support@weather-or-not.com.
12.2 Termination by Us
We may suspend or terminate your access to the App at any time, with or without cause and with or without notice, including if we believe you have violated these Terms.
12.3 Effect of Termination
Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App and updating the "Last updated" date. Your continued use of the App after such changes constitutes acceptance of the new Terms.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of Australia. Any disputes arising from these Terms or your use of the App shall be resolved in the courts of Australia, unless you are entitled to bring a claim in another jurisdiction under applicable consumer protection laws.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and WeatherOrNot regarding your use of the App and supersede any prior agreements.
17. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: support@weather-or-not.com