Terms of Service
Last modified: July 12, 2022
Weather Forecast Technologies Ltd (“Company”, “we” or “us”) provides our website located at https://www.rainbow.ai (“Site”), mobile application in App Store “Weather forecast - Rainbow.ai” and mobile application in Google Play “Rainbow.ai - Rain Radar”. For easier reading hereinafter our apps are collectively called the “Apps” and Site and Apps are collectively called the “Services”. Please read these Terms carefully.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Modifications of Terms of Services
The Company reserves the right, at its absolute discretion, to modify the Services, for example by adding or removing certain functions of Apps or by updating the software. We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. The Company also may, at its sole discretion, provide limited technical support, upgrades, changes and updates for the Services. In order to enhance and further develop the Service, the Company may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Apps. The Company shall have no obligation to provide support or maintenance for the Services under this Terms. Company may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
We are working hard to do our Services the best for you, therefore please treat the results of our work with care. Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, effects, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms are expressly reserved. Limited license to the Apps We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Apps for personal and non-commercial purposes in accordance with the Terms. All rights, title, and interest in and to the Apps not expressly granted in these Terms are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain prior written permission from the Company. Permission requests may be sent to [email protected]
Users of the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. In addition, we draw your attention that due to requirements of the GDPR you shall be at least 16 years old in order to use the Apps. To the extent prohibited by applicable law, we do not allow use of the Apps by the EU residents younger than 16 years old. If you are aware of anyone younger than 16 using the Apps, please contact us at [email protected]
Usage policy and Prohibited Activities
No registration is required to access and use the Services. The Apps provide users with precise rain info. There are two ways of checking the forecast - either by looking at a forecast feed and get rain intensity in a text manner (Now tab), or by checking the upcoming precipitation wave on an interactive weather map (Radar tab). You may only use and access the Services for authorized, acceptable and lawful purposes. You shall not use or access (or assist any third parties to use or access) the Services in ways that:
violate, or infringe our rights, the rights of other users or third parties, including intellectual property rights, privacy rights, publicity rights, or other property rights;
involve sending illegal or impermissible communications such as spam, or other unsolicited advertising or messages;
illegal, obscene, harassing, hateful, or otherwise inappropriate, including promoting illegal activities;
involve any other use of the Services not authorized use.
The Company controls and operates the Services from various locations and makes no representation that the Services is appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations.
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APPS OR FIFTY US DOLLARS IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE SERVICES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES.
We are not obligated to monitor access or use of the Services, however, we reserve the right to do so for purposes of operating and maintaining the Services, ensuring your compliance with the Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to Apps at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your usage of the Apps is objectionable or in violation of the Terms. The Company has no liability or responsibility to users of the Apps or any other person or entity for performance or nonperformance of the aforementioned activities.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Terms.
Termination and survival
We may suspend, or terminate your license or access to the Apps anytime for any reason, such as if you violate any material terms of the Terms, or create harm, risk, or possible legal consequences for us, or other users. Upon termination, provisions of the Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimer, dispute resolution, indemnity, limited license to the Apps and limitations of liability.
You shall not transfer any of your rights and obligations under the Terms to any third party without our prior written consent. All our rights and obligations under these Terms may be assigned by us to any of our affiliates or in connection with a merger, acquisition, corporate restructuring, sale of assets, by operation of law, or otherwise, and by accepting the Terms, you provide us your explicit consent that we may transfer any of your information and content to any of our affiliates, successor entities, or new owners.
Any dispute arising from these Terms shall be governed by the laws of Poland.
If for any reason a court or other authorized state authority of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect. A printed version of the Terms shall be admissible in judicial or administrative proceedings and shall be treated as public agreement. Contact us if you have any comments or questions on any part of the Services or any part of the Terms, please feel free to contact us at [email protected]
. We respect the intellectual property rights of others and we expect our users to do the same. To report a copyright, trademark or other intellectual property rights infringement, please contact us at [email protected]
, using the heading “Intellectual property report”.