Windy

SPECIFIC TERMS OF USE OF THE WINDY WEBCAMS API SERVICES

DEFINITIONS

  1. Unless provided otherwise, the capitalized terms used in these Terms of Use have the following meanings:

    1. Agreement has the meaning defined in Article 2.5 of these Terms of Use.

    2. API means the Application Programming Interface, as described in Article 5 of these Terms of Use.

    3. API Key means a number represented as a sequence of characters that is used for the software authentication of the User by which the User gains access to the Services.

    4. Content has the meaning defined in Article 2.5 of these Terms of Use.

    5. Fees are the payments for the Services defined in Article 4.3 of these Terms of Use.

    6. Free Version means the subscription-free (unpaid) version of the Services.

    7. Professional Version means the professional (paid) version of the Services, which provides extended functionalities over the Free Version.

    8. Provider means Windyty, SE, a company having its registered office at Strakonická 3363/2d, 150 00 Prague 5, Czech Republic, Company ID No. 04641647, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. H 1671.

    9. Services or Windy Webcams API Services mean the services provided by the Provider through the API, the scope of which is specified in these Terms of Use.

    10. Subscription has the meaning defined in Article 4.3.2 of these Terms of Use.

    11. Terms of Use mean these Specific Terms of Use of the Windy Webcams API Services.

    12. User means an individual or entity intending to use or using the Services.

    13. User Application means a software application developed by the User.

    14. Webcam is a publicly available web camera owned and/or operated by a Webcam Operator as a third party, the image content of which is linked and supplied into the Services, and which may be further processed by the Provider, and through which actual and/or archive images are available through the API. The Webcams are mounted outdoors, and their function is to monitor the general natural environment. The Webcam’s function is not to gather sensitive information about individuals or property.

    15. Active Webcam is a Webcam that was recently (i.e. within the last 24 hours) updated.

    16. Webcam Operator means a company, institution, individual or other entity who owns or operates a Webcam.

    17. Website means the website of the API located at https://api.windy.com/webcams/.

INTRODUCTORY PROVISIONS

  1. The Provider is the owner and operator of the Windy Webcams API Services.

  2. The Services allow their Users to download into and/or use the Webcam images (actual or archive) within their User Applications.

  3. The Services are available in the following versions:

    1. the subscription-free (unpaid) version, hereinafter referred to as the Free Version;
    2. the paid professional version, hereinafter referred to as the Professional Version.

  4. These are the Terms of Use for both the Free Version and Professional Version.

  5. By using any of the Services or accessing or using any Webcam images or other visual content, data or material that is made available through the Services (the “Content”), the User will be deemed to have accepted these Terms of Use and thereby have entered into a binding agreement with the Provider (the “Agreement”). The Agreement includes terms regarding future changes to the Agreement, a warranty disclaimer, an exemption from liability, and dispute resolution. If you do not agree or cannot comply with the Agreement, then you may not use the Services or access any of the Content.

  6. These Terms of Use and the General Terms of Use of Windy Services shall be interpreted harmoniously. To the extent that the individual provisions of these Terms of Use and the General Terms of Use of Windy Services are in conflict, these Terms of use shall prevail. In aspects not covered by these Terms the General Terms of use of Windy Services apply in full. The current version of the binding terms or informative documents of Windy including indication of the particular Services to which they relate is accessible from here.

API FREE

  1. Free Version

    1. The User may use the Services in the Free Version without charge.

  2. Main Features Specifications

    1. The Free Version of the Webcam API contains the Services as specified at https://api.windy.com/webcams.

API PROFESSIONAL

  1. Professional Version

    1. The Professional Version provides functionality for listing and searching Webcams and downloading their actual or archive images without advertisements and with full-size images.

    2. The use of the Professional Version is subject to the payment of Fees.

    3. Users may upgrade to the Professional Version on the Website.

  2. Main Features Specifications

    1. The Professional Version of the Webcams API contains the Services as specified at https://api.windy.com/webcams.

  3. Fees

    1. For the provision of the Professional Version of the Services, the User undertakes to pay the Provider the fees as specified on the Website (the “Fees”).

    2. The Fees are collected through a third party by paying an in-advance annual subscription fee (the “Subscription”). By purchasing the Subscription through a third party, the User acknowledges that separate terms of such third party, in addition to the Agreement, may apply. If the User purchases a Subscription, they authorize the Provider to charge them automatically each year until they cancel.

SERVICES DESCRIPTION

  1. Basic Description

    1. The Services consist of the provision of access to the web API by means of HTTPS (Hypertext Transfer Protocol Secure) and provide the functionality described in Articles 3 and 4.

    2. Internet connection is necessary for use of the Services.

  2. API Features

    1. A list of the API features provided is available at https://api.windy.com/webcams.

    2. Technical documentation is available on the Website.

    3. The Provider reserves the right to change the provided API features.

  3. Technical Support

    1. The subject of the Agreement does not include the administration of the Services or any technical or user support of the Services.

    2. Should the User have any concerns or queries, the User is welcome to report them to the relevant subsection of the Windy Community available at community.windy.com. The topics there are regularly checked by the Provider’s developers.

  4. Availability, Modification, Discontinuation and Functionality of the Services

    1. The Provider is not responsible for problems caused by Webcam Operators and other third parties. The Provider is unable to guarantee any of the following:

      1. number of Active Webcams available through the API;

      2. availability of any particular Webcam or other webcam, even in the case that it was active and available in the past; or

      3. the quality of Webcam images.

    2. The Provider has absolutely no control over the images or other content captured by the Webcams, and therefore does not provide any guarantee or assumes any responsibility for the Content available to the User through the Services.

ACCESS TO THE API AND USER AUTHENTICATION

  1. Access to the API is facilitated through a unique API Key.

  2. The API Key can be created by the User as part of their User registration on the Website, where they can further manage their API Key.

  3. In order to prevent any illegal attempts at manipulating the data, no modifications of the API Key are allowed.

  4. The Provider reserves the right to monitor and log (record) the User’s access to the API and the User’s activities when working with the API and using the Services.

IMPLEMENTATION OF THE SERVICES IN THE USER APPLICATIONS

  1. The User may implement the Services in the User Applications. However, the User of the Free Version is not entitled to implement the Services solely in the paid part of the User Application (meaning that only paying customers of the User would have access to the Services made available by the User via API).

  2. Inquiries made via User Applications will be identifiable by the API Key.

SERVICES MISUSE

  1. The User is obliged to secure the API and the Services against their misuse by the User or third parties. If such misuse occurs, the User is responsible to the Provider for any damage caused by a breach of this obligation. In this connection, the User is, in particular:

    1. prohibited from providing access to the API to third parties;

    2. responsible for ensuring that the User’s API Key is not misused in any way; and

    3. prohibited from publishing their API Key or providing it to third parties.

  2. The User undertakes not to use the Services in any manner other than as specified in these Terms of Use. In particular, the following activities are considered API misuse and a material breach of these Terms of Use, and will lead to the termination of the provision of the Services to the User:

    1. continuous scanning of a significant number of available Webcams and/or downloading of significant portions of the Webcam image history;

    2. intensive usage of any API endpoint by means of automated software;

    3. implementation of the Services in other than the User Application;

    4. attempts at discovering the identity of individuals who appear in the Webcam recordings;

    5. stretch the Webcam images (only the original or smaller Webcam image size usage is allowed);

    6. image URL usage other than provided by the API.

  3. The Services and User Applications must not be used in contradiction with the laws of the Czech Republic, nor with the laws of any other state where the Services or the User Applications are used and/or operated, or in contradiction with good morals.

  4. User Applications must not contain computer viruses, worms, trojan horses, spyware, or other destructive programs or codes.

  5. The User is responsible for ensuring that their employees and contractors use the Services in accordance with the Agreement.

RESTRICTION OF USE OF THE SERVICES

  1. The Provider reserves the right, at its sole discretion and without any obligation to provide justification, at any time and without prior notice, to restrict or completely deny the User the use of the Services by means of disabling the User’s API Key and deactivating the User’s account or by other means, especially in the following cases:

    1. the User misuses the Services or violates the Agreement by other means;

    2. the Provider is obliged to do so for legal reasons; and/or

    3. on the basis of a request by governmental authorities.

  2. If the Provider so denies the User the use of the Services, the Agreement automatically terminates and the User shall have no right for a refund from the Provider.

PUBLISHING GRAPHICS

  1. The User is not allowed to publish any graphics displaying the Webcam images.

REDISTRIBUTION

  1. The User is not authorized to provide access to the Services to any third party.

  2. Redistribution of any part of the API or the included data to any third party is forbidden. The User also cannot allow third parties to create additional services based on the API or User Application. The User must not further redistribute the Content that they obtain via the API.

ATTRIBUTION

  1. The User must at all times explicitly state in a visible manner that the Provider is the source of the Webcams in their User Application.

  2. The following acknowledgment should appear in the size and color of the text common on the User's site: “Webcams provided by windy.com - add new webcam” and should include the link to the www.windy.com and www.windy.com/webcams/add. To make sure that the format of the acknowledgment is compliant with these Terms of Use, follow the specification here.

ADVERTISING

  1. The Provider reserves the right to run advertising through the Free Version of the API when used in the User Applications.

  2. Blocking such advertising is considered a material breach of the Agreement and will lead to its termination.

INTELLECTUAL PROPERTY RIGHTS

  1. All copyright and other intellectual property rights connected with the Services owned by the Provider or the Provider’s suppliers shall remain the property of the Provider and the Provider’s suppliers, and the User acknowledges the Provider’s or the Provider’s suppliers’ full entitlement and ownership of all of the Services provided.

FINAL PROVISIONS

  1. These Terms of Use enter into force and effect on 2 June 2020, and their latest update is effective as of 1 September 2023.