Last updated: October 08, 2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://weatherxu.com website (the "Service") operated by Lyker Labs LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By purchasing any goods or services from this website, you are furthermore bound by this site's Service Agreement.
The following terms and conditions incorporate a legal agreement between you (“You”) and Lyker Labs LLC ("WeatherXu"). By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Acknowledgement
By accessing or otherwise using the WeatherXu, You acknowledge that You:
- Have read all of the terms and conditions of this Agreement;
- Agree to be bound by the terms and conditions of this Agreement;
- Agree to check the WeatherXu pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
- Have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the WeatherXu. If You are dissatisfied and/or disagree with the terms, conditions, rules, policies, guidelines, or practices of Lyker Labs LLC, Your sole and exclusive remedy is to discontinue accessing or otherwise using the WeatherXu.
Free Plan
Data accessed through the API with the Free Plan is intended solely for personal exploration and evaluation purposes and must not be used for any commercial activities.
Commercial Utilization of WeatherXu Data
Subscribers are granted the right to display WeatherXu's data on their websites for both commercial and personal projects, provided they hold an active subscription with WeatherXu. Once a subscription is terminated, the subscriber is prohibited from utilizing previously obtained data from the API for any commercial endeavors.
Restrictions on Service Redistribution
The reproduction, duplication, copying, sale, resale, or exploitation of any aspect of this Application and its Services, and/or Data is strictly forbidden without the explicit written consent of the owner, Lyker Labs LLC.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Lyker Labs LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Lyker Labs LLC customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Lyker Labs LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Lyker Labs LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Lyker Labs LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing cycle as indicated on the invoice.
Service Level Agreement
Our infrastructure leverages cloud technology, equipped with backup and multi-layered redundancy to enhance service reliability. We actively monitor our services to quickly identify and address any issues, aiming to minimize service interruptions with backup and uptime contingency plans. However, you acknowledge by using our services that there may be instances where the WeatherXu is inaccessible, for reasons within or beyond our control.
For a custom service level agreement, please contact us to purchase an Enterprise Plan that meets your specific requirements.
Fee Changes
Lyker Labs LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Lyker Labs LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for fees may be considered by Lyker Labs LLC on a case-by-case basis and granted in sole discretion of Lyker Labs LLC.
Accounts
When you create an account on WeatherXu, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Publicity
When you create an account on WeatherXu, you grant Lyker Labs LLC permission to showcase your name, logo, and/or trademarks in our promotional materials. Your name or your trademarks may be used in press releases, on the website, in newsletters, in business presentations with other prospects. If you wish to be excluded from any promotional usage of your company information, please contact us directly via our contact form.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Lyker Labs LLC.
WeatherXu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lyker Labs LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The WeatherXu is provided by Lyker Labs LLC in good faith and although Lyker Labs LLC endeavours to ensure that WeatherXu Data & Services and the WeatherXu are accurate and obtained from sources believed to be reliable, Lyker Labs LLC does not guarantee or warrant: the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of WeatherXu Data & Services or the WeatherXu; or that the WeatherXu Data & Services or the WeatherXu is free from errors or other material defects.
You acknowledge that WeatherXu makes its best effort to provide accurate and timely weather data from various sources. However, WeatherXu makes no representations or warranties as to the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the WeatherXu Data or the WeatherXu service. Weather data can vary significantly between locations and sources, and while WeatherXu uses commercially reasonable efforts to obtain the most accurate and current weather information available, results may differ from actual conditions. You acknowledge that no part of WeatherXu Data constitutes professional advice, and that You and all end users should exercise independent judgment and seek professional guidance when making decisions based on this information.
By using our services, you acknowledge and agree that WeatherXu does not represent or warrant that the service, or access to the service, will be uninterrupted or error-free, or that errors in the service and/or WeatherXu Data & Services will be corrected. You acknowledge that no part of WeatherXu Data constitutes professional advice. You agree to hold WeatherXu harmless for any mishaps that were derived in any way, shape, or form from WeatherXu services. You and all end users should exercise independent judgment and seek professional guidance when making decisions based on this information.
Lyker Labs LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Limitation Of Liability
In no event shall Lyker Labs LLC, nor its directors, employees, partners, agents, suppliers, data providers, developers and/or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages to You or to any end users, including without limitation, loss of profits, unavailability, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnification by You
You shall indemnify, defend, and save harmless Lyker Labs LLC, its affiliates, licensees, licensors, and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including but not limited to attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the WeatherXu; and/or, any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Lyker Labs LLC ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Lyker Labs LLC or any person for whom Lyker Labs LLC is responsible, and even if Lyker Labs LLC has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Massachusetts, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].