TERMS AND CONDITIONS

These Terms and Conditions (hereafter referred to as – ‘Terms and Conditions’) outline who We are and what services We provide as well as other essential provisions of this binding agreement between You and RainVeiwer on Our Website and App use.

Within the Terms and Conditions we refer to the listed below notions and mean by them as defined:
Website’ – Our website which is available at https://rainviewer.com.
App’ – Our mobile application which is available on Google Play Market or/and Apple App Store and/or Huawei AppGallery under the name ‘RainVeiwer’.
RainVeiwer services’ – services provided by RainVeiwer, which are available on the Website or App.
RainVeiwer’ (also ‘We’, ‘Our’, ‘Us’) – individual entrepreneur Oleksii Schastlyvyi registered under the laws of Ukraine, registration number: 23530000000033814, address: Ukraine, 09102, Kyiv, Bila Tserkva city, Zarichanska street, house 49, apartment 2.
User’ (also ‘You’, ‘Your’) – any natural person that uses the Website and/or an App.

I. Where do these Terms and Conditions apply?

These Terms and Conditions applicable to Your use of Our Website and/or App.
By using RainViewer services You confirm that:

II. What services do We provide?

We collect and obtain data from a variety of weather radar sources in different countries to create one large and accurate precipitation map for the covered areas. We want to deliver short-term precipitation and temperature forecast for Your current and/or chosen location as well as weather alerts. To get more information on RainViewer services please visit Our About page.
When using Our Website and/or App You can not obtain information regarding humidity level neither wind nor ultraviolet index.
We exclusively reserve the right to change the scope and conditions of the RainViewer services provided to You without any prior notice or Your special permission. All such changes, if present, will be outlined in these Terms and Conditions and/or on Our Website and/or App.

III. Description of the RainViewer services

Access to the RainViewer services on the Website is provided free of charge for every User. The access to the RainViewer services on the App is provided free of charge, however to get additional services and/or features You might need to obtain a paid subscription.
RainViewer services use the data obtained or provided by the weather radar sources in different countries. We shall not be liable for the correctness, accuracy and availability of the data provided and/or obtained from the different weather radar sources. If You are the owner of the data and object to its use, please contact us via email: support@rainviewer.com. For more information on the radar data please read Our open letter.
We do not guarantee that the RainViewer services on the Website or App will be always available or working uninterrupted and be free from errors or omissions, or will be available in all countries and/or all geographic locations.
Please be informed, an official App can be downloaded on Google Play Market or/and Apple App Store and/or Huawei AppGallery. We shall not be liable for any infringement caused by the App downloaded from third-party sources.
We reserve an exclusive right to restrict, suspend and/or withdraw fully Your access to the Website and/or App at any time without any notice. The Website and/or App can be updated or changed without any prior notice.

IV. Subscription

You can purchase a subscription to get additional services and/or additional features on Our App.

A. ‘Premium Features’ bought before June 30, 2020.

Before June 30, 2020, We had single time in-App purchase for the additional features which included:

If You bought ‘Premium Features’ before June 30, 2020, You can continue to use our App and all the features included in the ‘Premium Features’ described above up to June 30, 2025.
Despite the claimed ‘Premium Features’ (bought before June 30, 2020) support up to June 30, 2025 We reserve an exclusive right to cancel Your ‘Premium Features’ (bought before June 30, 2020) subscription earlier without any prior notice.
You can update ‘Premium Features’ (bought before June 30, 2020) to ‘Premium Features’ monthly or yearly based subscription to get an additional features.

Our current subscriptions:

B. ‘Premium Features’ bought after June 30, 2020.

This monthly or yearly paid subscription includes such features:

The subscription begins after the payment and terminates on the last day of the paid period, which is indicated at the time of the purchase.
In cases where the paid subscription additional services or/and features were not available to You because of Our internal error, We might provide a refund. We shall not be liable for the inability to use the features of the paid subscription due to Your hardware and/or software limitations.
RainViewer reserves an exclusive right to introduce and/or change and/or terminate paid services under subscription on App without Your any prior consent. RainViewer also reserves an exclusive right to change subscription price, trial period, introduce promotion prices change or other conditions for RainViewer services available on App.
In addition to these Terms and Conditions, terms of marketplaces regarding the order, payment and refund shall be applicable to You.

V. Price and payments

The price of the subscription is based on Your location and currency and may vary from region to region. In any event the precise price of the chosen subscription is displayed at the time of the purchase. Please be informed that all monthly or yearly paid subscriptions (except ‘Premium Features’ bought before June 30, 2020) will be automatically renewed and charged every month or year. Additionally, we might introduce a free time-based trial period for some subscriptions, which will be indicated in any in-App promotions or splash screens.
To the extent permitted by the applicable law, payments are non-refundable and We do not provide refunds for any unused features of the paid subscription. If You cancel a purchased subscription, You will not receive a refund for the current billing period, but will continue to receive Your subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.

VI. Intellectual property rights

All of the content present on the Website, which could be subject to copyright or in this matter any other intellectual property right (e.g. design), belongs to RainVeiwer and/or used by RainVeiwer under permission of Our licensors and/or used under a free public license, which allows commercial use. We grant You a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use Website and/or access and/or use any copyrighted content that may be available on the Website.
All copyright or in this matter any other intellectual property right to Our App belongs to RainViewer. We grant You a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use App and/or access and/or use any copyrighted content that may be available on the App.
You must not modify, copy, distribute, transmit, perform, display, prepare derivative works from, transfer, sell, exploit or otherwise use any content present on the Website and/or App without prior written permission of the RainViewer or its licensors.
Our API is free to use and open to the public. To get more detailed information as to Our API terms of use please visit dedicated page.

VII. Embedding and share

In some cases, where applicable, on the Website and/or App You are allowed freely to:

VIII. Limitation of liabilities and indemnification

We shall not be liable for any incidental, indirect, punitive and consequential damages, lost profits, or damages resulting from infringement caused by Your use of the RainViewer services and/or radar data provided by RainViewer.
You agree to defend, indemnify, and hold harmless RainViewer from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of these Terms and Conditions or your access to, use, or misuse of the Website and/or App.

IX. Governing law and dispute resolution

These Terms and Conditions, where applicable, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms and Conditions are exclusively governed by and enforced in accordance with the legislation of the United States of America and the State of Delaware.
Any dispute regarding the RainViewer services rendering and use of the Website and/or App under these Terms and Conditions will be subject to the exclusive jurisdiction of the respective courts of Ukraine.
All disputes and disagreements that might arise out of or in connection with these Terms and Conditions shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between you and ReinViewer, email for correspondence: support@rainviewer.com shall be an effective and binding method of communication.

X. Contact Us

You shall have the right to contact Us on any issue regarding RainViewer services, Our Website and App via the email: support@rainviewer.com. We will reply to any such communication without undue delay and always within 30 days.

XI. Changes to these Terms and Conditions

These Terms and Conditions went into effect on September 22, 2020, however, are subject to change and occasional updates.