The Weather Company
Weather Data Service Trial Evaluation Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR USE THE SERVICE.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IN SUCH CASE, “YOU” AND “YOUR” WILL REFER TO THAT ENTITY.

1) Definitions

• “Service”: TWC’s online data platform that provides TWC Data via APIs, and associated systems.
• “Service Offering”: A respective data package selected by you during the registration process.
• “Service Offering APIs”: Those specific TWC application programming interfaces and related documentation that are associated with a given Service Offering and enable programmatic access to the TWC Data included in that Service Offering.
• “TWC Data”: The specific weather, environmental, or other data, content, information, forecasts, alerts, or derived analytics made available by TWC via the Service Offering APIs to which you have been granted access.
• “TWC”: The Weather Company, LLC.
• “You” or “Your”: The individual accepting these Terms, or if these Terms are being accepted on behalf of a company or other legal entity, then “You” or “Your” refers to that entity, and the individual accepting represents they have the authority to bind such entity to these Terms.
• “Production Environment”: Any system, application, or environment that is used to deliver services to end users, customers, or the public, or that is used to generate, process, store, or transmit data for operational business purposes.
• “Trial Period”: The period during which you are authorized to access the Service Offerings as specified in Section 4 below.

2) License Grant

TWC grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to:

• Access and use the specific Service Offerings (including the associated Service Offering APIs and TWC Data) selected by you during registration solely for internal evaluation purposes during the Trial Period. ‘Internal evaluation purposes’ means testing, analyzing, and assessing the Service Offerings to determine their suitability for Your potential business needs, but excludes any commercial use or use in a Production Environment.

Any Service Offering API access or use must occur in accordance with any documentation or instructions provided by TWC for that Service Offering.

3) Use Restrictions

You may not:

• Use any Service Offering, Service Offering API, or TWC Data for any purpose other than internal evaluation.
• Use any Service Offering, Service Offering API, or TWC Data in any Production Environment.
• Sell, transfer, sublicense, distribute, or otherwise provide any part of a Service Offering, Service Offering API, or TWC Data to third parties.
• Use any Service Offering, Service Offering API, or TWC Data to create any competing product or service.
• Attempt to reverse-engineer, decompile, or derive source code from any Service Offering or Service Offering API.
• Remove, alter, or obscure any proprietary notices in any Service Offering, Service Offering API, or TWC Data.
• Circumvent any technical limitations or security measures implemented in any Service Offering or Service Offering API.
• Combine or aggregate TWC Data with other data sources in a manner that would (i) make the TWC Data independently extractable or separable, or (ii) make it difficult to distinguish between TWC Data and data from other sources.
• Access or attempt to access any Service Offering or Service Offering API not specifically selected by you during registration.

TWC reserves the right to monitor your compliance with these Terms. Upon reasonable notice, you will provide TWC with information reasonably necessary to confirm compliance with these Terms.

4) Trial Period and Access

The “Trial Period” for a respective Service Offering lasts 30 days from your receipt of the API key for the corresponding Service Offering API following completion of the registration process for your trial, unless extended in writing by TWC.

TWC may, at its sole discretion:

• Suspend your access to any Service Offering, Service Offering API, or TWC Data at any time, with or without notice.
• Impose limitations on any Service Offering or Service Offering API (such as ceilings or throttling on API call volumes).
• Modify, deprecate, or discontinue any part of a Service Offering, Service Offering API, or TWC Data, at any time.

5) API Security

You:

• Must keep all Service Offering API credentials confidential and secure and notify TWC immediately of any unauthorized use of such credentials.
• Are solely responsible for all activities occurring under your Service Offering API credentials.
• Will implement and maintain reasonable technical, organizational, and physical safeguards to protect the security and integrity of the TWC Data.
• Must promptly notify TWC of any actual or suspected unauthorized access to or use of any Service Offering, Service Offering APIs, or TWC Data.

6) Intellectual Property

You agree that TWC retains all rights, title, and interest in all Services, Service Offerings, Service Offering APIs, and TWC Data, including all intellectual property and proprietary rights. For clarity, You are prohibited from creating derivative works, improvements, modifications, or adaptations of the TWC Data during the Trial Period.

Nothing in these Terms transfers ownership rights to you.

7) Confidentiality

Both parties agree to treat as confidential all non-public information that is disclosed and designated as confidential or that a reasonable person would understand to be confidential. For TWC, this includes all Service Offerings, Service Offering APIs, and TWC Data. Confidential information excludes information that is: publicly available through no fault of the receiving party, independently developed, or required to be disclosed by law.

You acknowledge that any breach or threatened breach of these Terms may cause TWC irreparable harm for which monetary damages would be inadequate. In such cases, TWC may seek injunctive or other equitable relief without the requirement to post a bond or other security.

8) Feedback

If you provide feedback or suggestions regarding any Service Offering, Service Offering API, or TWC Data during the Trial Period, you grant TWC a perpetual, worldwide, non-exclusive, royalty-free license to use such feedback to develop or improve any of TWC’s products or services, without restriction or additional obligation to you.

TWC acknowledges that you make no representations or warranties of any kind regarding any feedback.

9) Disclaimer of Warranties

ALL SERVICE OFFERINGS, SERVICE OFFERING APIS, AND TWC DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10) Limitation of Liability

Each party’s total liability under these Terms shall not exceed $5,000, except that such cap shall not apply to Your liability arising from Your willful misconduct, gross negligence, indemnity obligations, or confidentiality obligations.

11) Indemnification

You shall indemnify, defend, and hold TWC and its affiliates harmless from any third-party claims, including reasonable attorneys’ fees and costs, arising out of your breach of these Terms or misuse of any part of the Service Offerings, Service Offering APIs, or TWC Data.

12) Termination

These Terms automatically terminate at the end of the Trial Period for the last active Service Offering, unless otherwise terminated earlier by either party. Either party may terminate this Agreement or access to any specific Service Offering for any reason upon fourteen (14) days’ written notice delivered in accordance with Section 13.

Upon termination with respect to any Service Offering or these Terms as a whole:

• Your license and access rights to the affected Service Offering(s) immediately cease.
• You must stop using the affected Service Offering(s), Service Offering API(s), and TWC Data.
• You must permanently delete all copies of TWC Data from the affected Service Offering(s) in your possession or control using secure deletion methods and certify such deletion in writing upon request.
• You must delete all API credentials for the affected Service Offering(s) and certify such deletion in writing upon request.

You must permanently delete all copies of TWC Data in your possession or control within five (5) business days of termination using industry-standard deletion methods that render data unrecoverable. Upon TWC’s request, You shall provide written certification of such deletion and reasonable evidence of compliance with this requirement.

Sections 6 (Intellectual Property), 7 (Confidentiality), 8 (Feedback), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), and 11 (Indemnification) shall survive termination or expiration of these Terms.

13) Electronic Communications and Acceptance

By using the Service or clicking ‘I Agree,’ you consent to receive and send all communications, notices, agreements, and disclosures electronically to the email address you provided in connection with the registration process. Notices from You to TWC shall be sent via email to [email protected] and shall be deemed received when TWC acknowledges receipt.

14) Export Control Compliance

You agree to comply with all applicable export control and economic sanctions laws and regulations, including those of the United States. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions, and that you are not on any restricted party list maintained by the U.S. government. You will not access or use the Service Offerings in violation of any U.S. export control or economic sanctions laws and regulations, nor will you transfer, export, or re-export any TWC Data to any prohibited destination, entity, or individual without the required export licenses or authorizations.

15) General Provisions

These Terms: (a) are governed by Delaware law with exclusive jurisdiction in Wilmington courts; (b) may be modified by TWC upon 30 days’ online notice to the email address you provided during registration, with continued Service Offering use constituting acceptance; (c) represent the entire agreement between TWC and you regarding the Service Offerings; (d) include electronic communications as specified in Section 13; (e) confer no rights or remedies upon any person or entity other than the parties and their respective successors and permitted assigns; and (f) remain valid even if any provision is found unenforceable. No failure to enforce any provision constitutes a waiver.

You may not assign, transfer, or delegate any rights or obligations under these Terms without TWC’s prior written consent. Any attempted assignment without such consent will be void. TWC may assign these Terms without restriction.

These Terms were last updated on April 28, 2025.