Windy

GENERAL TERMS OF USE OF WINDY SERVICES

INTRODUCTION

  1. This document lays down the general terms (the “Terms of Use”) under which 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 (“Windy” or “we”, “our”, “us”), provides its services to any individual, company, institution or other entity that uses our Windy.com mobile app (the “App”), accesses the Windy website available at Windy.com (the “Website”) or uses any of the Windy services (the “User” or “you”, “your”).

  2. Please read these Terms of Use carefully as they describe the rules you have to follow, outline your legal rights, and explain the rights you give to us when you use our services.

  3. Please also read our Privacy Policy and any other terms or documents referred to in these Terms of Use. Indicative list of binding or informative documents of Windy is accessible from here.

WINDY SERVICES

  1. Windy provides services regarding weather information and other related content, as well as other products and services that may be developed from time to time (collectively, the “Services”). Such Services include the Windy Website, Windy applications for iOS, Android (and other selected systems and devices including smart watches), Windy Community (as a place for discussions and exchanges of information, tips, and other materials related to the Services), Windy API, Windy Webcams, Windy Stations (as Windy Stations are available to station users via the Website, please read the Specific Windy Stations Terms of Use) and the Windy interactive animated widget, together with all of the associated features and functionalities, websites and user interfaces. A more detailed description of the Services and their features is available on the Website and within the Windy Community.

  2. By registering with us or otherwise using any of our Services or accessing any data or visual content or material that is made available through the Services (the “Content”), you will be deemed to have accepted these Terms of Use and thereby enter into a binding agreement with Windy.

  3. Your agreement with us includes these Terms of Use, any of the rights and obligations referred to in these Terms of Use, and any additional specific terms governing certain aspects or functionalities of our particular Services – accessible, among others, from here (the “Additional Terms”), to which you agree when registering to use or otherwise using these Services, (collectively, the “Agreements”). To the extent that any irreconcilable conflict may arise between these (general) Terms of Use and any of the (specific) Additional Terms, the (specific) Additional Terms shall prevail.

  4. The current version of the Agreements including indication of the particular Services to which they relate can be found on the Website or accessed simply from here.

  5. By your registration with or use of the Services, you acknowledge that you have read and understand the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree or cannot comply with the Agreements, then you may not use the Services or access any of the Content.

  6. In general, the Windy Services are available both for non-registered and registered Users. Certain additional functions and features of the Services are only available to the Users registered at Windy.com (the “Registered Users”).

FREE AND PAID SERVICES

  1. Free and Paid Services

    1. A description of our Services, together with an explanation of which Services and their features are available only for Registered Users, is available on our Website. The majority of our Services are provided to you free of charge. The Services that do not require payment are referred to as a “Free Service”, and the Services that require payment before you can access them are referred to as a “Paid Service”.

    2. Free Services are intended to be used by private persons only. All other institutions are demanded to use the Paid Services.

    3. We reserve the right to modify, terminate or otherwise amend our offered services, plans and fees at any time in accordance with these Terms of Use.

  2. Subscriptions, One-time purchases, price changes

    1. You may purchase a Paid Service through a third party by paying an in-advance subscription fee for a recurring interval disclosed to you prior to your purchase (“Subscription”) or by making a one-time purchase. If you purchase a Paid Service through a third party, you acknowledge that separate terms with such third party, in addition to the Agreements, may apply. The specific mode of payment and the period for which the Paid Service is subscribed may vary depending on the respective Paid Service. If you purchase a Subscription, you authorize the respective third party to charge you on behalf of Windy for each respective recurring interval until you cancel.

    2. Windy may change the prices for the Paid Services from time to time. For existing users of the given Paid Services, the price changes will take effect at the start of the next period of the Subscription following the date of the price change. You accept the new price by continuing to use the respective Paid Service after the price change takes effect. In the case of price changes for Subscriptions, Windy will, on its own behalf or through the respective third party through which you purchased the Subscription, notify you in advance of any price changes and, if applicable, instruct you on how to accept these changes. If you do not agree to the price changes or take the prescribed action, your Subscription will expire at the end of its current recurring period and will not automatically renew.

  3. Trials

    1. We may offer trials for certain Paid Services for specified periods without payment (a “Trial”). To begin a Trial, we will require you to provide your payment details. By providing such details, you agree that we may automatically begin charging you for a Subscription to the relevant Paid Service on the first day following the end of the Trial on a recurring basis or other interval that we provide to you in advance. If you do not want to accept this charge, you must cancel the applicable paid Subscription through the third party according to their terms of service.

    2. We reserve the right to determine your eligibility for a Trial and withdraw or modify such Trial at any time without prior notice and with no liability.

  4. Right of withdrawal for consumers

    1. The following provisions of this Article 3.4 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 given Paid Service is granted to them under such legislation.

    2. If you register for a Subscription, or make a one-time purchase, you may change your mind for any or no reason and withdraw from the relevant Paid Service within 14 days from the day you sign up for the Subscription, or make the purchase (the “Withdrawal Period”).

    3. By signing up for a Subscription, or making a one-time purchase, you explicitly request us to start providing the respective Paid Service to you immediately and, therefore, before the end of the respective Withdrawal Period.

    4. You may withdraw from the Subscription, or from the one-time purchase, by canceling it through the third party through which you signed up for the Subscription, according to their terms of service, or, if the cancellation through such third party is not possible, by contacting us at info@windy.com.

    5. If you withdraw from a Subscription, or from a one-time purchase, within the Withdrawal Period, we will refund you any prepaid fees for the remainder of the relevant period calculated from the moment of such withdrawal.

  5. Subscription renewal, Cancellation

    1. Your payment schedule with the third party through which you purchased the Paid Service will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period. If you purchased the Subscription through a third party, you may cancel the Subscription through such third party according to their terms of service. The cancellation will take effect the day after the last day of the current Subscription period.

    2. If you cancel your payment or Paid Service and/or terminate any of the Agreements before the end of your current Subscription period, we will not refund any fees already paid to us.

  6. Maintenance of Paid Services

    1. You understand and agree that we will exert reasonable efforts, although we have no obligation to maintain, support, upgrade, or update any Paid Service, or provide all or any specific content through such Paid Service beyond what is required by the provisions of applicable legislation which cannot be contractually derogated from by the parties. Windy and our Suppliers (as defined in Section 4.2) may, from time to time, remove any Content without notice, or partially or entirely discontinue the Paid Service.

USING OUR SERVICES

  1. Legal requirements

    1. In order to use our Services, you need to be 16 years of age or older, or be 13 years of age up to 16 and provide written parental or guardian consent, unless the law of the country of your residence prescribes higher age requirements, in which case you need to meet such requirements.

    2. You also represent that any registration information that you provide to Windy is true, accurate, and complete, and you agree to keep it updated with Windy as such at all times.

  2. Permission to Use

    1. The Services and Content are the property of Windy, or our licensors, suppliers and other business partners (collectively, the “Suppliers”).

    2. We grant you limited, non-exclusive, revocable permission to use the Services and Content (the “Permission to Use”). This Permission to Use shall remain in effect until and unless terminated by you or Windy.

    3. You promise and agree that you are using the Services and Content for your own personal use and that you will not redistribute (does not apply to the use of the Windy embeddable widget) or transfer our Services or Content to any third party. You may not use the Services or Content for other than your own internal purposes or to generate value added services. The restrictions provided in this Section do not apply to those cases wherein such use of the Services and Content is permitted by the respective Additional Terms.

    4. Our software applications and the Content are not being sold or transferred to you, and Windy and our Suppliers retain ownership of all of the copies of our software applications and Content, even after their installation on your personal computers, mobile handsets, tablets, and/or other devices (the “Devices”).

    5. All Windy trademarks, trade names, logos, domain names, and any other features of the Windy brand or of our Suppliers (the “Brand Features”) are the sole property of Windy or our Suppliers. The Agreements do not grant you any right to use any Brand Features. This is, however, without prejudice to the use of the Windy logo and reference to the Windy Website when such use or reference is required by the Agreements.

    6. You agree to abide by our rules provided in the Agreements and not use our Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, we grant no right, title, or interest in our Services or Content to you.

  3. Third Party Applications and Devices

    1. Our Services are integrated or may otherwise interact with third party applications, websites, and services (collectively, the “Third Party Applications”) and third party Devices in order to make our Services available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Windy does not endorse and is not responsible or liable for the functioning, features, or content of any Third Party Application or Device, nor does Windy warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.

  4. Further development

    1. The provision of the Services 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.

    2. We may make changes to the Services, such as improving the existing functions or features or adding new functions or features to the Services, implementing advancements in the science and technology used in the Services, and making reasonable technical adjustments to the Services, in order to ensure the operability and security of the Services.

  5. Technical or user support

    1. The Free Services do not include any technical or user support of the Services.

    2. The Paid Services include technical and user support during office hours (meaning from 9 AM to 5 PM – time zone: GMT+2 – CET/CEST) on email info@windy.com.

  6. Prohibited activities

    1. The following activities are considered a misuse of the Services and material breach of the Agreements and may lead to the termination of the provision of the Services:

      • continuous scanning of a significant amount of the Content and/or downloading of significant portions of the Content;

      • “crawling” of the Services or otherwise using any automated means to view, access, or collect information from the Services;

      • reverse engineering, copying, decompiling or disassembling the Services or any portion thereof, or making any other attempt to ascertain the composition or the properties and characteristics of the Services;

      • selling, renting, sublicensing, or leasing any part of the Services or the Content;

      • circumventing or blocking advertisements in the Services;

      • using mechanisms, software or other regimes that may disrupt or interfere with the Services, or undertaking measures that may cause the Website or other components of our Services or our infrastructure to become overloaded or otherwise impaired;

      • tampering with, breaching, or attempting to probe, scan, or test for vulnerabilities in the Services or our computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to the Services, the Content or any part thereof;

      • providing your login credentials to the Services to any other person or using any other person’s username and password; and

      • any activities that conflict with the Agreements, as determined by Windy.

  7. Availability and discontinuation

    1. We reserve the right at any time, without prior notice and without stating reasons, all without liability to you, for any reason we see fit, to do any of the following:

      • modify, supplement or restrict the Services, the range of their functions or features and the Content;

      • change or upgrade the software version of the Services;

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

      • partially or entirely discontinue the Services; or

      • start providing the Free Services as Paid Services.

  8. Restriction of use

    1. We further reserve the right, at our sole discretion, to immediately restrict or completely deny you the use of the Services by means of deactivating the account of a Registered User, or by other means, especially in the following cases:

      • you violate the Agreements or applicable law;

      • we are obliged to do so for legal reasons; or

      • we are obliged to do so on the basis of a request made by governmental authorities.

LIABILITY FOR CONTENT

  1. Limited Liability of Windy for Content

    1. You acknowledge that some of the Content displayed or provided to the Users by any means through our Services is not our original content, but is exclusively based on the data and other content supplied to us by our Suppliers (the “Supplied Content”). Our Services do not involve interpretation of the Supplied Content, nor do we provide the Users with any meteorological services. The nature of our Services is merely to process the Supplied Content and, where appropriate, interpolate the input data (including the weather forecast data), in order that we can display and visualize it in our Services. For the purpose of the Agreements, the term interpolate includes generating original Content from the Supplied Content based on a predetermined algorithm and combining Supplied Content from more than one of our Suppliers.

    2. With respect to this and the fact that Windy has limited control over the Supplied Content, we accept no responsibility whatsoever for such Supplied Content, as it is displayed or provided by any other means in our Services, especially in terms of its correctness and accuracy, towards you as the Users of our Services and towards any third parties, regardless of the platform or services by which the Supplied Content will be displayed, made accessible or used.

USER CONTENT

  1. User Content

    1. The Users of our Services may post, upload, or otherwise contribute content to the Services, which may include text, messages, information, pictures, and other types of content (the “User Content”). For the avoidance of doubt, the User Content includes any such content posted within the Windy Community as well as any other part of the Services.

  2. Responsibility for User Content

    1. You are solely responsible for all of the User Content that you contribute to the Services. Windy is not responsible for any User Content nor does it endorse any material contained in any User Content.

    2. You undertake to comply with all of the legal requirements with respect to any User Content you contribute to our Services. In this connection, you specifically commit that you own or have the right to contribute such User Content to the Services.

  3. Prohibited Content

    1. You may not post, or contribute by any other means, any User Content to our Services that is or includes material that:

      • is offensive, abusive, defamatory, pornographic, threatening, or obscene;

      • is illegal, or intended to promote or commit an illegal act of any kind, including violations of the intellectual property rights, privacy rights, or proprietary rights of Windy or a third party;

      • includes malicious content such as malware, Trojan horses, or viruses, or that otherwise interferes with any User’s access to the Services;

      • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Windy; or

      • conflicts with the Agreements, as determined by Windy.

  4. Removal of User Content

    1. Windy may, but has no obligation to, monitor, review, or edit User Content. In all cases, Windy reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Windy’s sole discretion, violates the Agreements. Windy may take these actions without giving prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

  5. Disposition with the User Content, License to use

    1. By contributing User Content to our Services, and in consideration of the rights granted to you under the Agreements, you agree that we may use such User Content and that such User Content may become available for use by other Users or third parties. In this connection, you agree and authorize Windy to use your User Content by any means and for any purposes, especially, however not exclusively:

      • to display, download, archive and process the User Content;

      • to analyze the User Content and incorporate the results of such analyses into the Services;

      • to forward, incorporate, and use the User Content in any of our Services, whether commercial or non-commercial;

      • to use the User Content for the marketing, sales and other business purposes of Windy;

      • to make any of the User Content available to the public, publish, translate, modify, create derivative works from, and distribute it through any medium.

    2. If you provide feedback, ideas, or suggestions to Windy in connection with our Services (the “Feedback”), you acknowledge that such Feedback is not confidential and you authorize Windy to use this Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

    3. To the extent that User Content is subject to intellectual property rights, you hereby grant a non-exclusive license to Windy to exercise the right to use your User Content (the “License”) in all manners of use, including as defined in Section 12 (4) of Act No. 121/2000 Coll., on copyright and related rights and on the amendment of certain acts (the Copyright Act), as amended, in particular, the right to use this User Content by the means and for the purposes specified in Articles 6.5.1 and 6.5.2 of these Terms of Use. The License that you grant to Windy is unlimited in terms of territory and quantity and shall be provided for the duration of the proprietary copyright of such User Content. You grant the License to Windy free of charge. Windy is not obliged to use the License. Windy is entitled to grant the License, as a whole or in part, to third parties, either in the form of a sub-license or assignment of these rights, this all without any restriction, for a fee or free of charge. Therefore, the User Content may also be used in the manner specified herein by third parties. The License shall survive the termination of your use of the Services. Your removal of the User Content shall not affect the License, and Windy as well as third parties shall be entitled to continue using the User Content in line with the License; however, it may be anonymized by Windy.

ADVERTISING THROUGH WINDY SERVICES

  1. In consideration of the rights granted to you under the Agreements, you grant us the right to provide advertising and other information to you, and to allow our business partners to do the same. Any part of our Services and the Content you access may contain advertising as part of the Content.

USE OF THE SERVICES AND CONTENT VISUALIZATIONS BY USERS AND MEDIA PUBLISHERS

  1. The provisions of this Section stipulate the terms under which the Users and third parties, whether as private persons or media publishers, may use any pictures, animations, screenshots, video captures or any other form of visual images used in the Services or Content (collectively, the “Visualizations”) in their films, TV shows or other video productions, documentaries, webpages, blog posts, projects or any other media or intellectual work, whether commercial or non-commercial (collectively, the “Media”), and the further distribution, sale, licensing, marketing, advertising or promotion of such Media (collectively, the “Permitted Use”). For the purpose of this Section, third parties intending to use or using the Visualizations shall be deemed to be Users.

  2. Subject to the terms set out herein, we hereby grant you permission (the right) to use the Visualizations for the Permitted Use (the “Permission to Use Visualizations”). The Permission to Use Visualizations is granted as a worldwide, non-exclusive and royalty-free right.

  3. We reserve the right, at any time and without any compensation, to revoke the Permission to Use Visualizations granted to you, or to change the terms under which the Visualizations may be used. We may also offer the Visualizations under separate terms or stop distributing the Visualizations at any time. If we revoke a Permission to Use Visualizations granted to you or change or cancel these Terms of Use, such revocation, change or cancellation will not affect the Permission to Use Visualizations already granted to you prior to such revocation, change or cancellation to the extent to which you have incorporated the Visualizations in your Media if you cannot be reasonably required to remove the Visualizations from such Media (e.g. Visualizations incorporated into a film, TV show, or other video production, etc.).

  4. Common Conditions of Use

    1. Your exercise of the Permission to Use Visualizations is expressly allowed subject to the following conditions:

      • Attribution. You must make sure that all of the Visualizations used in your Media include the source (preferably) in the form of the Windy logo or the following description in cases of small-size cut-outs: ‘Source: Windy.com’, and, where possible (e.g. when used on your website), include a hyperlink to the Windy Website.

      • Fair Use. You may use the Visualizations in your Media as long as you do it fairly and not contrary to our interests in the development and promotion of our Services.

      • No Modification. You are not allowed to modify the Visualizations other than as the Windy features allow you to do, but you may make necessary adjustments (such as scaling) required for their use in your Media.

  5. Prohibited use of Visualizations of certain components of the Services

    1. Notwithstanding the foregoing, the Permission to Use Visualizations does not include any Visualizations of the weather radar map overlay or webcam images.

  6. Special provisions for the use of individual features and formats

    The term Visualizations shall also include any text, data, software code and other type of features and formats mentioned below in this Article.

    1. Screenshot, Video, animated GIFs

      • It is possible to use screenshots, video and animated GIFs for both personal and commercial purposes. The appearance of these original Visualizations may not be changed in a considerable manner.

    2. KML, GPX or GeoJSON uploads

      • Data uploaded to the Services by Users in the KML, GPX or GeoJSON formats may be used for both personal and commercial purposes. Adding the User’s own information (e.g. additional description) is allowed provided that the appearance of the original Visualization is not changed in a considerable manner.

    3. Windy and Webcam embeddable widget

      • Embeddable widgets are intended for media use and are available at windy.com/widgets and via the webcam detail and Share button. The Windy logo must be present and clickable (leading to the Windy Website), and they are not allowed to be used by weather apps and other commercial websites.

    4. Windy Webcam Service

    5. Windy Stations Service

    6. Windy Articles

      • If articles available at windy.com/articles are used in screenshots or by other means, a citation of the article and its author must be present, and respective license conditions (usually Creative Commons) must be observed. Windy assumes no liability for the content of the articles.

    7. Windy Plugins

      • Available at windy.com/plugins.
      • Anyone may create plugins.
      • In order to include a plugin into our Services, the plugin must be open source and Windy must be allowed to modify it.
      • Plugins must not allow the stealing of our data and must not be misused in this way.
      • As plugins are created by third parties, you acknowledge that Windy cannot guarantee that they work properly and do not contain computer viruses, malware or advertisements for third party products. Windy assumes no liability for plugins and their use by any means and for any purposes.

    8. Windy API Service

  7. Special provisions for the use of Visualizations in marketing

    The following additional rules apply to the listed individual types of Media when they are used for any marketing or promotional purposes of a User or third party.

    1. Printed publications

      • The use of Visualizations is only possible for printed publications (books, periodical or non-periodical print, presentations or other private materials, etc.) with the total number of copies not exceeding 5,000 pieces; this shall not apply to any tourist guides, handbooks or atlases wherein the Visualization represents a major part of the content such that the use is not allowed, except in cases in which it was expressly arranged with Windy in advance on the basis of a separate agreement.

    2. Promotional materials, advertisements, consumer goods

      • The use of Visualizations in promotional materials, within a commercial or advertisement or as a part of consumer goods (e.g. T-shirts, cups, posters, office equipment, printed advertisements) is not allowed except for cases in which it was expressly arranged with Windy in advance on the basis of a separate agreement.

    3. Audiovisual materials (TV, film, video)

      • The use of Visualizations in audiovisual materials is allowed, the same conditions as per Clause 8.4.1 apply.

WARRANTY DISCLAIMER

  1. You understand and agree that the Services are provided on “as is” and “as available” basis, with no warranty as to the accuracy, completeness, uninterrupted provision of the Services, or any other warranty of any kind. Any warranty implied by statute or otherwise is hereby excluded to the fullest extent permissible by law.

  2. We do not make any guarantee whatsoever with regard to the functionality, availability, or quality of the Services, and do not assume any responsibility for the accuracy, completeness, or quality of the information provided through the Services and Content, nor are we responsible for ensuring that the information provided through the Services is up to date.

  3. In addition, Windy makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any Third Party Applications (or the content thereof), User Content, Devices or any other product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising.

  4. No advice or information, whether oral or in writing, obtained by you from Windy shall create any warranty on behalf of Windy.

EXEMPTION FROM LIABILITY

  1. In no event will Windy be liable or obliged to compensate you or any third party for any losses, expenses, or damage, including loss of profit, whether monetary or non-monetary, caused in particular, however, not exclusively, by the:

    • use of the Services and their Content by all means of use;

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

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

    • matters otherwise related to the Services, the Content or the Agreements.

  2. You agree that Windy has no obligation or liability arising from or related to Third Party Applications or the content thereof made available through or in connection with the Services.

  3. You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any Windy software and to stop using the Services.

  4. In all other cases, any liability of Windy towards you and third parties is limited to the statutory maximum limits.

  5. This Section applies to the fullest extent permitted by applicable law.

INDEMNIFICATION

  1. You agree to indemnify and hold Windy harmless from and against all damages, losses, and expenses of any kind (including attorney fees and costs) arising out of or related to: (i) your breach of the Agreements or any one of them, (ii) any User Content you post or otherwise contribute to the Services, (iii) any activity in which you engage on or through the Services, and (iv) your violation of any law or the rights of a third party.

DATA PROTECTION

  1. Windy strictly adheres to the applicable data protection law and endeavors to treat all personal data with due care. Since Windy is a company established in the Czech Republic under Czech law it is primarily bound by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Personal data that is recorded, as a matter of principle, is used only for the purpose of performing the desired Service. Windy endeavors to use appropriate technical and organizational measures to safeguard all recorded data related to individuals against unauthorized processing. In the event of an abuse or suspicion of a criminal act, Windy will be entitled to evaluate the data and forward such data to the competent authorities upon demand.

  2. For further insight into the Windy data protection policies, please read our Privacy Policy.

TERM AND TERMINATION

  1. The Agreements will continue to apply to you until terminated by either you or Windy. However, you acknowledge and agree that the License granted by you in relation to the User Content is irrevocable and will therefore continue after any expiry or termination of any of the Agreements for any reason.

  2. Windy may terminate the Agreements or suspend your Permission to Use the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, non-compliance with the Agreements, or if we withdraw the Services and/or Content.

  3. If you or Windy terminate the Agreements, or if Windy suspends your Permission to Use the Services, you agree that Windy shall have no liability or responsibility to you, and Windy will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

  4. You may terminate the Agreements at any time by stopping your use of the Services and, if you are a Registered User, by deleting your user account in the Windy.com.

  5. Sections 5 (Liability for the Content), 6 (User Content), 9 (Warranty Disclaimer), 10 (Exemption from Liability), 11 (Indemnification), 13 (Term and Termination), 15 (Final Provisions) herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after a termination of the Agreements, shall survive any termination.

CONTACT, ELECTRONIC COMMUNICATIONS

  1. If you have any questions concerning the Services or the Agreements, you can contact us by email at info@windy.com or through the Windy Community.

  2. You agree that we may send you any notices and information related to your use of the Services and your user account (including payment authorizations, invoices, changes of your password, confirmation messages, etc.) in electronic form, for example, via email to your email address provided during your registration.

FINAL PROVISIONS

  1. Entire agreement

    1. Other than as stated in this Section or as explicitly agreed upon in writing between you and Windy, the Agreements constitute all of the terms and conditions agreed upon between you and Windy and supersede any prior agreements in relation to the subject matter of these Agreements.

    2. This is without prejudice to any separate agreements, which may be concluded between you and Windy in relation to certain Services.

  2. Severability

    1. Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Yet, as possible, the invalid provision must be replaced by a provision the purpose of which approximates as closely as is legally possible that of the invalid provision but is valid and enforceable.

  3. No waiver

    1. Any failure by Windy to enforce the Agreements or any provision thereof shall not waive Windy’s right to do so.

  4. Interpretation

    1. As used in these Terms of Use, the words “include” and “including”, and variations thereof, will be deemed to be followed by the words “without limitation.”

  5. Assignment

    1. Windy may assign the Agreements and any of its rights under the Agreements, in whole or in part, and Windy may transfer any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

  6. Third party rights

    1. Except where provided otherwise, the Agreements are not intended to grant rights to anyone except you and Windy and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

  7. Conflict with consumer protection and other mandatory laws

    1. Nothing in the Agreements shall affect your statutory rights as a consumer or other mandatory laws applicable to the Agreements to the extent that the application of such rights and laws cannot be derogated from by an agreement of the parties.

  8. Governing law, dispute resolution

    1. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction from which the parties may not derogate, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Czech Republic, without regard to conflicts of law principles.

    2. Further, you and Windy agree to the exclusive jurisdiction of the territorially competent courts of the Czech Republic to resolve any dispute, claim, or controversy that may arise in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) in accordance with the legislation of the Czech Republic.

  9. Sales presentation

    1. The User agrees that Windy may refer to them as to a User on the Windy’s Website and in the Windy’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.

  10. Changes to the Agreements, Termination of Services

    1. Windy reserves the right to reasonably change the content of the Services on the basis of the developments on the market and requirements to offer and provide a complex and competitive Services or due to changes in Windy’s operational, organisational or commercial procedures. Accordingly, we also reserve the right to reasonably modify these Terms of Use or any Additional Terms, in particular as a result of changes in legal regulations, technical changes in the Services or changes in Windy’s operational, organisational or commercial procedures and/or changes in the Services as mentioned above. Such modifications will come into effect as soon as they have been published on the Website. Windy will notify the Users of the change by appropriate means, corresponding to the nature of the Service in question, however, it is the responsibility of the Users to check these Terms of Use and any applicable Additional Terms periodically for changes. Your continued use of the Services following the posting of such changes will constitute your acceptance of the changes. If you do not wish to continue using the Services under the new version of the Agreements, you may terminate your account by contacting us or deleting it directly within the Windy Website.

    2. Material changes in the Agreements in parts that relate to the Services under Subscription will be duly notified to the Users in sufficient advance so that the Users will have time to get acquainted with amended Agreements and terminate the Subscription prior to effectiveness of such changes if the User does not agree with the amended Agreements. If you are receiving a Paid Service through a third party, you must cancel the applicable Paid Service through such third party.

    3. We reserve the right to terminate the Services or any part thereof at any time, without prior notice, and without any compensation to the Users.

  11. Effectiveness

    1. These Terms of Use enter into full force and effect on 17 December 2020 and their latest update is effective as of 1 September 2023.