SPECIFIC TERMS OF USE OF WINDY STATIONS SERVICES
DEFINITIONS
Unless provided otherwise, the capitalized terms used in these Terms of Use have the following meanings:
Provider: 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.
Services: The Station services provided by the Provider to Station Operators or Station Users, as accessible via internet connection on the Website or mobile application and described in Article 3.1 of these Terms of Use.
Station: A personal or professional weather station and/or other measuring instrument owned or operated by a Station Operator, as a third party, the data content of which is, upon registration with the Provider, linked and supplied into the Services (the Transmitted Content) through which actual and/or archive data is available.
Station Operator: A company, institution, individual or other entity who owns and/or is legally authorized to operate a Station to the extent necessary to comply with these Terms of Use.
Station User: A company, institution, individual or other entity who views or accesses the Transmitted Content, as may be further processed by the Provider.
Terms of Use: These Specific Terms of Use of Windy Stations Services.
Transmitted Content: Data captured by a Station and transmitted to the Provider within the Services.
Website: The Provider’s website at which the Services are available, located at www.windy.com; registration and management of registered stations can be handled via stations.windy.com.
Windy Community: The Provider’s community dedicated to the Services and other services of the Provider, located at community.windy.com.
APPLICABILITY
Station Services are incorporated into and available on the Website. The Provider is the owner and operator of the Services.
These Terms of Use govern the contractual relationship between the Provider, as the operator of the Services, and the parties utilizing the Services, either as Station Operators or Station Users.
The Provider performs its Services exclusively according to the terms outlined in these Terms of Use. By registering a Station or using the Station Services offered on the Website, you will be deemed to have accepted these Terms of Use.
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.
GENERAL TERMS OF USE OF THE SERVICES
Basic description
The Services consist, on one hand, of providing a Station Operator with the opportunity to connect their Station to the Services and make the Transmitted Content available to the Station Users, and, on the other hand, of providing Station Users with functionality for accessing, displaying and further using the Transmitted Content.
A further description of the Services and their features is available on the Website and within the Windy Community.
System integrity
- Station Operators and Station Users are not authorized to use mechanisms, software or other regimes that may disrupt or interfere with the Website or the Services. Neither Station Operators nor Station Users may undertake measures that may cause the Website or the Provider’s infrastructure to become overloaded. The Provider will, in such cases, be entitled to refuse such Station Operators and/or Station Users access to the Services. Moreover, these Station Operators and Station Users will be liable in full for any damage resulting from such misuse.
SPECIAL TERMS OF USE APPLICABLE TO STATION OPERATORS
Registration and removal of Stations
A registered user (i.e. the user with a Windy account) may apply to the Provider to have its own Station registered and linked to the Services by completing the respective registration form. If the Provider approves the application, the Station will be so-registered and such applicant will become a Station Operator.
As a part of this registration, the Station Operator may decide how the Provider may share the data they receive from the Station (the Transmitted Content) from the following options:
“Open”, which means that the Transmitted Content may be shared as Open Data, i.e. that the Provider may use it not only within the Services or other services of the Provider, but also share it with third parties;
“Only Windy”, which means that the Transmitted Content may be used only within the Services and other services of the Provider, however, it may not be shared with third parties;
“Private”, which means that the Transmitted Content may only be used within the Services or other services of the Provider on the condition that it is accessible only to Station Users who have a specially granted link.
Such Station connections are, in principle, free of charge, therefore, neither will the Provider charge the Station Operator anything for the Services, nor will the Station Operator charge anything to the Provider for the supply of the Transmitted Content and its use as described in these Terms of Use.
Once a Station is registered, the Station Operator may administer it using the Windy Stations administration interface.
Stations will appear on the Website approx. 30 minutes after the first set of data from the Station (Transmitted Content) is supplied to the Services, and will remain visible as long as the Transmitted Content is supplied to the Services. If a Station stops supplying Transmitted Content to the Services, it will automatically disappear from the Website until the supply of Transmitted Content is resumed.
The Provider is entitled, at any time and without adhering to a notice period or giving reasons, to disassociate (deregister) from any Station. The Provider may especially disassociate from a Station due to its long inactivity or if the Transmitted Content pertaining to such Station infringes on these Terms of Use or rights of third parties.
Station Operators may, at any time, sever their Station’s link to the Services via the administrative interface without adhering to a notice period or giving reasons.
Use of Transmitted Content
By registering, Station Operators agree with the connection of their Station to the Services and that the data obtained by the aforementioned Station will be transmitted to the Services (the Transmitted Content) and available to the Station Users. In this connection, Station Operators authorize and agree with the Provider’s use of the Transmitted Content by any means and for any purposes, especially, however, not exclusively, to:
display, archive and process the Transmitted Content;
transform the Transmitted Content (rounding of data, conversion of the data into other units of measure, etc.);
analyze the Transmitted Content and incorporate the results of such analyses into the Services and other services of the Provider;
forward, incorporate and use the Transmitted Content in any other services of the Provider or third parties, whether commercial or non-commercial, or
to use the Transmitted Content for the marketing, sales and other business purposes of the Provider,
while respecting the Transmitted Content sharing mode selected by the Station Operator in accordance with Article 4.1.2.
Self-promotion of Station Operators
- Station Operators may state that they are the owner and/or operator of their respective Stations, usually by indicating the Station Operator’s name, logo and/or link to their website. Such statement must be made fairly and not to the detriment of the Provider’s interests.
Obligations of Station Operators concerning Transmitted Content
Upon registering a Station, the Station Operator shall accept sole responsibility for the connection of their registered Station and hence, in particular, also for their Transmitted Content.
Station Operators undertakes to follow a best practices protocol regarding the Station location, correct installation, data quality and performance in order to deliver the most accurate Transmitted Content to the Provider from their Station.
SPECIAL TERMS OF USE APPLICABLE TO STATION USERS
Access to Stations and use of Transmitted Content
Anyone may become a Station User and, as such, use the Services. The Services are provided to Station Users free of charge.
Station Users may access the Stations and view Transmitted Content through the Services by clicking on the symbol of the respective Station on the Windy weather map available on the Website.
Station Users acknowledge that the Transmitted Content is the property of the Station Operator or the Provider, as applicable, and undertake to respect the Station Operator’s and Provider’s rights to the Transmitted Content. If the Transmitted Content pertaining to a respective Station is shared by the Station Operator under the “Open” option, Station Users may use such Transmitted Content under the terms of the Aggregator Open Data Licence.
Aggregator Open Data Licence (AODL) is licence that covers the situation, where multiple users share their data, and the single subject aggregates them, stores them, use them and shares them based on this licence.
For the purpose of Articles 5.1.4 through 5.1.16 the aggregating subject – the Provider is herein also called the Aggregator. Station Operators, that share their data via Aggregator are called Providers (Station Operators). Station Users that want to consume the data via API are called Consumers.
Based on this licence any services in between Aggregator and Providers are free and each party bear its costs. Upon this licence provided data are fully owned by the Provider (Station Operator).
Upon this licence Aggregator and Providers provide the data as is, without any warranty and none of the subjects are responsible for any breach arising from use of these data.
Providers have full right to decide, whether their data will be available to Consumers, subset of selected Consumers, Aggregator only or whether their data will be private available to the Provider (Station Operator) only.
Providers have full right to discontinue providing the data at any moment and require Aggregator and all Consumers to delete their data, yet the Provider (Station Operator) bears in mind that request to delete past aggregated data, that have been already downloaded by Consumers, can be hardly enforceable.
Aggregator has full right to refuse, discontinue or delete the past data of any Provider (Station Operator) at any time or to discontinue its aggregation services at all. Aggregator has full right to refuse, limit or discontinue serving the data to any of the Consumers or to charge any Consumer for use of the API.
The Provider (Station Operator) has full right to remain anonymous.
The Provider (Station Operator) has full right to require full credits by displaying Provider’s (Station Operator’s) name and link together with its data page, where Provider’s (Station Operator’s) data are displayed in detail, yet such an credits not need to be displayed on aggregating pages, like lists and maps. Placement and size of the credits can be subject of display size where data are displayed and the Provider (Station Operator) should tolerate, that on mobile devices such a credits are small.
The Provider (Station Operator) has a right to require and all Consumers have the obligation to display the credits.
Consumers have the obligation to use data just for their own use and not to transfer the data to any other party.
Consumers have obligation to display link or button that will point to Aggregator’s page, where new Providers can register, and Aggregator has full right to specify text of this link in different languages. For example, the Consumer, that downloads personal weather station data via Aggregator’s API has obligation to display link with text “Add new station” together with these data.
If the Consumer is also aggregator and aggregates same type, or any other kind of data, the Aggregator has full right to request, that Consumer will share his/her data based on this licence, any other Open Data licence, or solely with the Aggregator.
No redistribution, commercial use
The redistribution of any part of the Services or included data, such as Transmitted Content, to any third party is prohibited.
Station Users may only use Transmitted Content for their own internal/personal purposes and may not use it to generate value-added services.
If the Transmitted Content pertaining to a respective Station is shared by the Station Operator under the “Open” option, its redistribution and commercial use is governed by the terms of the Aggregator Open Data Licence.
Misuse of the Services
The following activities are considered misuse of the Services and a material breach of these Terms of Use, and will lead to the termination of the provision of the Services:
continuous scanning of a significant amount of available Stations and/or downloading of significant portions of Stations’ history (their Transmitted Content);
reverse engineering, copying, decompiling or disassembling of the Services or any portion thereof, or making any other attempt to ascertain the composition or the properties and characteristics of the Services;
provision of consistently poor-quality Transmitted Content by the Station Operator;
false impersonating of a Station Operator.
For purposes of Article 5.3.1.3, poor quality means in particular provision of data which are highly inaccurate or have been intentionally modified.
No liability of the Provider for Transmitted Content
With respect to the fact the Provider has no effective control over the Transmitted Content supplied by Station Operators and displayed in the Services, the Provider accepts no responsibility whatsoever for Transmitted Content towards Station Users or any third parties, regardless of the platform or services by which the Transmitted Content is displayed, made accessible or used.
Should a Station User or any third party reasonably believe that any Transmitted Content infringes on anyone’s rights, or otherwise breaches these Terms of Use, they are encouraged to notify the Provider of such circumstance together with the identification of the affected Station. The Provider will then exert reasonable effort to assess the justification of such suspicion and, if they deem it warranted, take appropriate measures to remove such content from the Services or deactivate the respective Station.
DATA PROTECTION
- Details regarding processing of personal data, as well as Station Users’ and Station Operators’ rights related to personal data, are available in the Windy Privacy Policy.
FINAL PROVISIONS
- These Terms of Use enter into force and effect on 28 April 2020 and their latest update is effective as of 1 September 2023.