Windy

Terms of Use of the Windy Map & Point API Services

Definitions

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

    • Agreement has the meaning defined in Article 2.5 of these Terms of Use.
    • API means the Application Programming Interface, as described in Article 5 of these Terms of Use.
    • API Key means a sequence of characters that is used for the software authentication of the User by which the User gains access to the Services.
    • User means an individual or entity intending to use or using the Services.
    • Content has the meaning defined in Article 2.5 of these Terms of Use.
    • Services mean the services provided by the Provider through the API, the scope of which is specified in these Terms of Use.
    • Data Source means companies, institutions or individuals who own the intellectual rights to particular numerical models that are used within the Services.
    • ECMWF means the European Centre for Medium-Range Weather Forecasts.
    • Restricted Models mean the meteorological data models provided by the ECMWF.
    • Trial Version means the subscription-free version of the Services intended for development purpose only.
    • Professional Version means the professional paid version of the Services, which provides the full range of functionalities.
    • Fees are the due payments for the Services defined in Article 4.3 of these Terms of Use.
    • Logo means the Windy logo.
    • Map Visualizations mean a component of the Services that is constituted by a colorized view of the weather model output, as documented on the Website.
    • Other API Endpoints mean components of the Services that are unrelated to weather models, such as the search, reverse search, basemap visualization, elevation api, timezone api, daylight information, isolines, and the picker for selecting specific values for a specific point on the globe, as documented on the Website.
    • Point Forecast means machine-readable data regarding the weather forecast for a specified set of coordinates.
    • Provider means Windyty, SE, a company having its registered office at Strakonická 1199/2d, 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.
    • Terms of Use mean these Terms of Use of the Windy Map & Point Forecast API Services.
    • User Application means a software application developed by the User.
    • Private Application means a User Application developed exclusively for the User’s internal use. Access to Private Applications is allowed exclusively to the relevant User or their employees.
    • Public Application means a User Application that may be accessible to persons other than the relevant User or their employees. Such Public Applications are accessible only via User Domains.
    • Domain means an internet domain name, for example “windy.com”.
    • User Domains mean internet domain names that host respective User Application and are specified by the User during the API Key creation on the Website.
    • Value Added Services mean all meteorological services that are: (i) derived from one or more of the Services, (ii) specifically conceived for the needs of users, and (iii) made available under specific license conditions.
    • Website means the website of the API located at https://api.windy.com/.
    • Session means each reload of the webpage via a User Application.

Introductory Provisions

  1. The Provider is the owner and operator of the Windy Map & Point Forecast API Services.

  2. The Services allow their users to use the weather forecast functions in their User Applications.

  3. The Services are available in the following versions:

    • the unpaid version, hereinafter referred to as the Trial Version in Map Forecast and Point Forecast variations;

    • the paid version, hereinafter referred to as the Professional Version in Map Forecast and Point Forecast variations.

  4. These Terms of Use lay down the terms for both the Trial Version and Professional Version as well as for both the Map Forecast and Point Forecast variations.

  5. By using any of our Services or accessing or using any data or visual content 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 enter 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.

API Trial

  1. Trial Version

    1. The User may use the Services in the Trial Version free of charge.

    2. The Trial Version is intended for development purposes only and the User is not allowed to use it for production, i.e. to integrate it into the User Application.

  2. Main Features Specifications

    1. The Trial Version of the Map Forecast API contains the Map Visualizations and Other API Endpoints Services as specified at https://api.windy.com/map-forecast.

    2. The Trial Version of the Point Forecast API returns machine-readable data regarding weather forecasts for random coordinates as specified at https://api.windy.com/point-forecast.

API Professional

  1. Professional Version

    1. The Professional Version is recommended for use in the most demanding circumstances, it was created specifically for corporate customers and extensive projects.

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

    3. The use of the Restricted Models (ECMWF), where available, is limited only to the Private Application and Users are not authorized to pass the Services on to any third party, or use them to generate Value Added Services.

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

  2. Main Features Specifications

    1. The Professional Version of the Map Forecast API contains the Map Visualizations and Other API Endpoints Services specified at https://api.windy.com/map-forecast.

    2. The Professional Version of the Point Forecast API returns machine-readable data regarding the weather forecast for a specified set of coordinates as specified at https://api.windy.com/point-forecast.

  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 with 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.

    3. The Provider may change the Fees from time to time. For existing Users of the given Services, price changes will take effect at the start of the next period of their Subscription following the date of the price change. The User accepts the new price by continuing to use the respective Service after the price change takes effect. In the event of a price change for Subscriptions, the Provider will, on its own behalf or through the respective third party through which the Subscription was purchased, notify the User in advance of any price changes and, if applicable, instruct the User on how they may reject these changes. If the User does not agree to the price changes and takes the prescribed action, the Subscription will expire at the end of its current recurring period and will not be automatically renewed.

    4. The payment schedule with the third party through which the Subscription was purchased will automatically renew at the end of the applicable subscription period, unless the User cancels the Subscription before the end of the then-current subscription period. The User may cancel their Subscription through the third party according to their terms of service. The cancellation will take effect on the day after the last day of the current Subscription period.

    5. If the User cancels the payment and/or terminates any of the Agreements before the end of the current Subscription period, the Provider will not refund any fees already paid.

    6. The User understands and agrees that the Provider will exert reasonable efforts to ensure the provision of the Services, although they have no obligation to maintain, support, upgrade, or update any of the Services, or provide all or any specific Content through such Services. The Provider and their Suppliers may, from time to time, remove any Content without notice, or partially or entirely discontinue the Services.

  4. Right of Consumer Withdrawal

    1. The following provisions of this Article 4.4 only apply to those Users who are consumers in terms of the applicable legislation for the protection of consumers and the extent to which the right of withdrawal from the Agreement is granted to them under such legislation.

    2. If the User purchases a Subscription, they may withdraw from the Agreement for any or no reason within 14 days from the moment of the purchase of the Subscription (the “Withdrawal Period”).

    3. By purchasing a Subscription, the User explicitly requests that the Provider commence provision of the respective Services to the User immediately, therefore, before the end of the respective Withdrawal Period.

    4. The User may withdraw from the Agreement by canceling their Subscription through the third party through which the User purchased the Subscription, according to their terms of service, or, if the cancellation through such third party is not possible, by contacting the Provider at info@windy.com.

    5. If the User withdraws from the Agreement within the Withdrawal Period, the Provider will refund them any prepaid Fees for the remainder of the relevant Subscription calculated from the moment of such withdrawal.

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 Article 3 and Article 4.

    2. The API is designed for use in a web browser and utilizes Javascript, HTML and CSS. The User may enhance this in their User Application by adding other functionalities and data.

    3. An 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/map-forecast, and https://api.windy.com/point-forecast, depending on the API variation.

    2. Technical documentation is available on the Website.

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

  3. Further Development

    1. The subject of the Agreement does not include any further development of the existing functionalities or components of the Services or any development of new functionalities or components of the Services.
  4. 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.

  5. Availability, Modification and Discontinuation of the Services

    1. The Provider reserves the right, at the Provider’s sole discretion and without the obligation to provide justification, at any time and without prior notice to the User, to:

      • change the range of functionalities and the Content provided through the Services, or modify the Services by any means;

      • change or upgrade the software version of the API;

      • terminate the operation of a particular version of the Services or its function;

      • partially or entirely discontinue the Services; and/or

      • change the business model of the Services (e.g. to start providing the Services for a fee).

    2. The Provider is not responsible for problems caused by third parties, such as data suppliers. In the circumstance of a data non-availability, the Provider reserves the right to restrict the Services to the necessary extent without any compensation or refund to the User.

    3. The Provider does not guarantee the full functionality, availability, or quality of the Services and their Content.

    4. The Provider is not responsible for any third party applications using the API.

Access to the API and User Authentication

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

  2. API Keys can be created by the User upon 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.

  5. API Keys for the Private Application are considered confidential and must be held exclusively. Allowing use of an API Key to a Private Application by any third party is forbidden. Usage of an API Key to a Private Application by any third party shall be considered a material breach of the Agreement.

  6. API Keys for Public Applications may be used only from User Domains. Using an API Key from any other Domain will be refused.

Implementation of the Services in the User Applications

  1. The User may implement the Services in the User Applications.

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

Limitations of Services Use

  1. Traffic Usage

    1. The Trial Version offers the User a limit of 500 Sessions per day. If this limit is exceeded, the Provider reserves the right to stop providing the Services for the balance of the day during which the limit was exceeded. Should the Session limit be exceeded repeatedly, the Provider may send a notice of such to the User. Exceeding the Session limit after such notice from the Provider shall be considered a material breach of the Agreement and will lead to its termination.

    2. The Professional Version offers the User a limit of 10,000 Sessions per day. If the limit is exceeded, the Provider reserves the right to stop providing the Services for the balance of the day during which the limit was exceeded. Should the Session limit be exceeded repeatedly, the Provider may send a notice of such to the User. Exceeding the Session limit after such notice from the Provider shall be considered a material breach of the Agreement and will lead to its termination. The limit for the Professional Version can be increased by agreement, please contact us at api@windy.com.

  2. Added Value

    1. The User may integrate the Services into their User Application only on the condition that such User Application creates a significant added value for its users and maintains good faith and fair dealing. A functionality or service of such User Application that is included in the Services or other services of the Provider, regardless of whether offered by the Provider for a fee or free of charge, is always deemed as not creating added value. The User is not allowed to create User Applications that would aim to replicate the Services or other services of the Provider. Failure to comply with the provisions of this Article will be considered a material breach of the Agreement by the User and will lead to its termination.
  3. Restrictions on Direct Competition

    1. Any individuals or entities that are or aim to be direct competition to the Provider with respect to the Services or other services of the Provider may not become Users and are prohibited from using the Services. Failure to comply with this prohibition will be considered a material breach of the Agreement by the User and will lead to its termination.

Restriction of Services Use

  1. The Provider reserves the right, at the Provider’s sole discretion and without the 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:

    • the User violates the Agreement;

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

    • 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.

Further Obligations

  1. The User is obliged to secure the API and the Services against their misuse by the User or by 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:

    • prohibited from providing access to the API to third parties;

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

    • prohibited from publishing the 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 User may not:

    • alter or decompile the Services, or take similar steps to obtain the Services or the API source code;

    • store, extract, modify, distribute, use the weather data or other content of the Services, create any weather works or databases derived therefrom, or use other means than the weather forecasting functions of the Services permitted by this Agreement;

    • attempt to reconstruct original data of any meteorological model from the Services;

    • intensively machine-read the data from the Services regarding the Map Forecast API; and/or

    • use the API endpoints by means other than via 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.

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.

Publishing Graphics

  1. The User is not allowed to publish any graphics displaying any products based on the Restricted Models.

  2. When publishing graphics based on other than the Restricted Models, the attribution of both the Provider and the Data Source must be clearly visible and properly displayed.

Attribution

  1. In general, the User is allowed to alter the API user interface, however, the User must make sure that the Logo is present in the User Applications and remains as it is, unscaled and clickable with a hyperlink leading to the Provider’s Website. The opacity of the Logo must remain 100%.

  2. The User must always state the source of the weather data in the User Applications. The publication of the following text “Contains data from the Windy database” and any other attribution in accordance with the Data Source's specification in the relevant Help section or other part of the User Application is deemed to be the indication of the source of the weather data. In mobile User Applications, the Data Source will be published in the About section. In other electronic products, the Provider reserves the right to decide on the manner and location of the indication of the Data Source.

Intellectual Property Rights

  1. To the extent that the content of the Services provided to the User has a nature of copyright or other intellectual property rights, the Provider hereby grants the User a royalty-free, non-exclusive and territorially unlimited license to use such content in the manner in which the Services may be used for the duration of the Agreement.

  2. 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.

Warranty Disclaimer and Limitation of Liability

  1. The Provider offers no warranty as to the accuracy or completeness of the Services or the uninterrupted provision of the Services. All Services are provided on an “as is” and “as available” basis. Any warranty implied by statute or otherwise is hereby excluded to the fullest extent permissible by law.

  2. In no event and to the fullest extent permissible by law, will the Provider be liable or obliged to compensate the User for any losses, expenses, or damage, including loss of profits, whether monetary or non-monetary, caused in particular, however, not exclusively, by the:

    • use of the Services by all means of use;

    • use of the User Applications by all means of use;

    • operation of the Services, including administrative and technical activities associated with the operation of the Services;

    • functionality of the Services themselves, including the Services availability; or

    • matters otherwise related to the Services or the Agreement.

Change in the Terms of Use

  1. The Provider reserves the right at any time, without any compensation, to change these Terms of Use or terminate them by publishing their new wording or a notice of their cancellation on the Website. Such change or cancellation is effective as of the date of its publication.

  2. If the Provider changes or cancels these Terms of Use, such change or cancellation will have an immediate effect on the Agreement and change or terminate it accordingly. If the User continues to use the Services, this is understood as consent to the new wording of the Agreement. The User is expected to check the Website periodically to take notice of any changes.

Final Provisions

  1. No part of these Terms of Use constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Provider, including from the legal processes of any jurisdiction or authority.

  2. None of the terms of these Terms of Use will be waived and no failure to comply is consented to unless expressly agreed to by the Provider.

  3. These Terms of Use, the Agreement and any and all of the rights and obligations connected therewith are governed and construed by the laws of the Czech Republic. Any disputes will be resolved by the Czech courts, and each of the parties to the Agreement irrevocably submits to their exclusive jurisdiction.

  4. The User agrees that the Provider may refer to them as a User on the Provider’s Website and in the Provider’s sales presentations and activities towards the acquisition of new Users to the extent of stating the User’s business name and/or logo. Such User’s consent is valid for the duration of the Agreement and for a period of five years after its expiration or termination.

  5. These Terms of Use are valid and effective as of the date of their publication on the Website, i.e. as of May 6, 2020.