Terms and Conditions

Terms and conditions for registration of users of the services provided by Windyty, SE, and the WindyMaps service

Introduction

1. Windyty, SE, a company with its registered office in Prague 5, at Strakonická 3363/2d, Postal Code: 150 00, Id. No.: 04641647, registered in the Commercial Register kept by the Municipal Court in Prague, Section H, File 1671 (hereinafter “Windyty”), is the operator of Windy.com and the developer of the WindyMaps app.

2. These terms and conditions for registration of users of the services provided by Windyty (hereinafter the “Terms and Conditions”) shall apply to all Windyty’s services and mobile apps operated by Windyty now or in the future, or developed by Windyty (hereinafter the “Services” and the “User”).

Description of the Services

1. These Terms and Conditions stipulate the rights and obligations of Windyty and the Users of the Services within the online interface and/or the mobile app when registering, logging in and logging out. Under these Terms and Conditions, it is irrelevant whether the User registered via the online interface or via the mobile app.

Rights and Obligations of the Parties

1. In order to make full use of the Services, the User shall create a user account that shall be used in compliance with these Terms and Conditions as well as with specific terms and conditions for use of individual Services.

2. The user account consists of a username and password chosen by the User. The User is also required to enter an e-mail address.

3. Alternatively, the User can create a user account by linking his/her Facebook, Google or Apple account via a service called Social Login. In this case, Windyty will use the User’s name, profile picture and email address for registration and authentication purposes.

4. During registration, the User is obliged to provide the information required by Windyty.

User Logging In and Logging Out; Content Uploading; License to Content Use

1. The User logs into the Service by logging into his/her user account, i.e. by entering the username and the password., or via the Social Login.

2. Logging in allows the User to use individual Services under the terms stipulated by the terms and conditions of the specific Service. The user account can be used across the Services. When switching between the Services, the individual Services may require that the User log in, although the User has already logged in, or accept specific terms and conditions.

3. The User can log out of the Service via the “Log out” or “Sign out” options or via another similar link on the Service’s website. Upon logging out of the Service, the User can no longer use the Service in a manner requiring to be logged in.

4. Certain Services allow the User to upload user content, including, but not limited to, photographs, reviews, ratings, subtitles, descriptions, videos, tags, links, metadata etc. (hereinafter the “Content”), primarily for the purpose of displaying it within such Service. The Content is also deemed to include all data created as a result of, or in connection with, the use of the Service by the User or data created by the User while using the respective Service. Furthermore, the Content is deemed to include all the underlying materials and information provided by the User while reporting errors or commenting on the Service, regardless of their form.

5. The User acknowledges that the Content uploaded by the User through certain Services, in particular the Content published by the User through the Service, or shared through the Service or another tool, may be connected with the User’s name or username or another identifier of the User. The User who does not consent to the Content being used, published or shared within the Service is not entitled to upload the Content into the Service.

6. Windyty reserves the right to choose the manner in which the Content is displayed within the Service, including the manner of its sorting and filtering, and to change this manner at any time. Windyty is entitled not to display the Content within the Service, to stop displaying it or to remove it from the Service entirely, even without stating a reason and without compensation.

7. By approving of the Terms and Conditions, the User grants to Windyty a non-exclusive license to the exercise of the right to use the Content (hereinafter the “License”) in all manners of use, including the manners defined in Section 12 (4) of the Act No. 121/2000 Coll., on copyright and related rights and on amendment to certain acts (the Copyright Act), as amended, in particular the right to use the Content and depict it within the Services and within other services or derived mobile applications via which Windyty provides users with services or via which Windyty makes content available to users, as well as those operated by Windyty and those that Windyty will start operating in the future, and to use the Content for the purpose of promotion of Windyty, modify, process and adapt the Content, create a derived work, incorporate the Content in another work, distribute the Content in all manners of distribution, both on its own and as part of another work. The License that the User grants to Windyty is unlimited in terms of territory and quantity and shall be provided for the whole period of duration of the proprietary copyright to the Content. The User grants the License to Windyty free of charge. Windyty is not obliged to use the License. Windyty is entitled to grant the License, as a whole or partly, to a third person, either in the form of a sub-license or assign those rights in favour of a third party, this all without any restrictions, for a fee or free of charge. Therefore, the Content may be used in the manner specified herein by third parties, too. The License shall survive the termination of the use of the Services by the User. If the User removes the Content, it shall not affect the License, and Windyty as well as third parties shall be entitled to continue using the Content in line with the License; however, it might be anonymized by Windyty.

8. The User declares that it is entitled to grant the License to Windyty in the scope defined above, that it is a holder of all rights related to the Content, that it has acquired all authorizations to use the Content, and that it has settled all claims of third parties related to the Content. If this declaration of the User is untrue, the User shall compensate Windyty for all damage and costs incurred by Windyty as a result of the fact that the User’s declaration is untrue. The User is obliged to settle all claims of third parties that those third parties make in relation to the Content.

9. The rights of Windyty under the License and the respective provisions of these Terms and Conditions shall apply similarly to the Content which is not subject to intellectual property rights.

10. The User may upload into the Service only such Content that does not infringe on third-party rights, in particular the right to the personal data protection, intellectual property rights, including copyrights, and that does not violate any legal regulations and is not contrary to ethical rules and good morals.

11. The User is exclusively responsible for the accuracy of the Content and its compliance with these Terms and Conditions as well as with legal regulations.

12. If these Terms are violated, the Content needn’t be published or may be removed, even without giving a reason and providing no compensation; in addition, user accounts via which the Content was published may be blocked or removed, even without a previous request for remedy.

13. The User agrees that these Terms and Conditions and the License apply to all the Content inserted by the User in the Services or created in association with using of the Services, namely Content that the User inserted in the Services or created in association with using of the Services at any time in the past.

Consequences of Breaches of User’s Obligations

1. Windyty reserves the right to delete user accounts whose usernames cause public offense, violate good morals or public order, infringe on the rights of Windyty or third parties, even without a prior request for remedy and without compensation. Specific terms and conditions of the Services may stipulate additional rights to delete user accounts.

2. Furthermore, Windyty reserves the right to delete user accounts of Users who violate these Terms and Conditions and/or the terms and conditions of the individual Services and/or applicable legal regulations, good morals, public order or the rights of Windyty and/or third parties.

Personal Data Processing

1. Windyty processes all personal data in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), and with other legal regulations providing for personal data protection.

2. To register the User for the Services as well as to recognise the User who has logged in, Windyty may process personal data provided or entered by the User during registration or filled in the user profile (in particular the data regarding the address), and other personal data of the User necessary for such purposes (the User’s IP address, the identifiers of the User’s device etc.).

3. Such personal data processing is lawful, as it is necessary for the performance of the agreement on the basis of which Windyty provides the User with the ability to register for the Services and to which the User, as the personal data subject, is a party.

4. In specific cases, Windyty may process personal data beyond the scope of Articles 6.2. and 6.3. of these Terms and Conditions for a specific purpose of protecting legitimate interests of Windyty or third parties (e.g. interest in safe operation of the Service), in accordance with the legal requirements for personal data processing.

5. In accordance with Act No. 480/2004 Coll., on certain Information Society Services, as amended, the User hereby grants Windyty their consent to receive commercial communications with information about Windyty services and products to the email address(es) provided. This consent may be revoked and such receipt of commercial communications can be cancelled at any time.

6. If the User provided or will provide personal data of other natural persons to Windyty, the User may do so only on an appropriate legal basis and is obliged to inform such natural persons of the processing of their personal data and to ensure the lawfulness of the personal data processing. Otherwise, the User shall be liable to Windyty for damage incurred.

7. Data possibly comprising personal data may be transferred to a third party in connection with the operation of the Services where this is stipulated in an agreement concluded between Windyty and such a third party and where the User requests it.

8. Further details regarding handling of personal data are available in the general Windy Privacy Policy and the separate Community Privacy Policy.

Final Provisions

1. In addition to the above, specific terms and conditions shall apply to the provision of the Services. In case of any discrepancies, the provisions of the terms and conditions of the individual Services shall prevail over the provisions hereof.

2. Windyty reserves the right to reasonably modify these Terms and Conditions, in particular as a result of changes in legal regulations, technical changes in the Services or changes in Windyty’s operational, organisational or commercial procedures. Windyty shall notify the User of the change by appropriate means, corresponding to the nature of the Service in question. In the event of a material change in the Terms and Conditions, the User’s consent shall be requested. In both cases, the User may reject the change in the Terms and Conditions and, in such a case, terminate his/her user account. By continuing to use the user account after the change in the Terms and Conditions, the User is deemed to have accepted the change in the Terms and Conditions.

3. The use of the Services and these Terms and Conditions and all agreements concluded between Windyty and User on their basis shall be governed by the legislation of the Czech Republic. All disputes arising out of the use of the Services, associated with these Terms and Conditions or such concluded agreements shall be decided by a territorially competent court of the Czech Republic in accordance with the legislation of the Czech Republic.

4. These Terms and Conditions enter into force and effect on 14 January 2020.