Terms & conditions

Last updated: 20 May 2018

The following are the terms and conditions on which you may use the WeatherAds Services and by accessing WeatherAds Services you agree you have read these terms and are bound by them. WeatherAds reserves the right to change these terms at any time and you should check these terms regularly. Note that continued use of WeatherAds Services implies acceptance of the updated or amended terms. If you do not agree to the changes you should cease using WeatherAds Services.

You agree to use WeatherAds Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of WeatherAds. Prohibited behavior includes the use of obscene or offensive content or actions that affect the normal flow of communication.

You agree to read all relevant documentation and user guides relating to the use of WeatherAds as found at weatherads.io and help.weatherads.io. WeatherAds will not be held liable for any loss, monetary or otherwise, where a user has not adhered to any instruction within the user guides.

WeatherAds maintains the right to suspend, terminate or restrict access to WeatherAds Services where behavior relating to the use of the WeatherAds Services is deemed to be abusive. WeatherAds shall not be liable if for any reason the service is temporarily unavailable at any time or for any period. WeatherAds reserves the right to make changes and updates to the software code, and WeatherAds shall not be held liable for any temporary service failure as a result of these updates.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the site, including without limitation trademarks, designs, logos, text, images, audio and video materials, and the underlying software code, are owned or licensed by WeatherAds. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of WeatherAds. Any rights not expressly granted in these terms and conditions are reserved.

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide WeatherAds with a valid credit card or invoicing information as a condition to signing up for a paid subscription. You will be charged based on a small percentage of combined spend on live weather targeted campaigns as outlined on our website and in our app at the time of purchase. There are two subscription options:

Monthly Plan (postpay): You are billed at the end of each monthly billing cycles. The fee is a small percentage of your combined spend for all weather-activated campaigns. Your billing cycle month starts on the day your first automation is set live, plus any remaining days left of your free trial period. You will only be charged if you accrue ad spend on any weather targeted campaigns during the billing cycle month. If paying by invoice, there is a minimum charge of $399 if any weather targeted spend is accrued.

Fixed Term Plan (prepay): You define the length of time your campaigns should run for and total campaign budget. You can then purchase the plan in advance, and save 29% over paying monthly. The subscription period for the Fixed Term Plan will be the number of months you have specified as your campaign length. The campaign length countdown begins only when your first automation is set live. A prepaid Fixed Term Plan will expire when either the number of months (as specified by the client) elapses or when stipulated campaign budget is spent, whichever comes first. You have the option to ‘top up’ your Fixed Term Plan ‘credit’ at any time, by purchasing another Fixed Term Plan. Once a Fixed Term Plan has expired, any further usage of WeatherAds shall be billed at standard Monthly Plan rates. If no further spend is accrued by all campaigns utilizing WeatherAds, there will be no charge. For the Fixed Term Plan, invoice payment carries a minimum charge of $599 per purchase.

If timely payment is not received or cannot be charged to your credit card for any reason, WeatherAds reserves the right to either suspend or terminate your access to any subscriptions services and terminate this agreement. If WeatherAds receives a cancellation notice from you, you will be obligated to pay the balance due on your account. You agree that WeatherAds may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You further agree to pay all of WeatherAds costs of collection, including lawyer's fees, with respect to unpaid fees. WeatherAds will accept no liability in any event including, without limitation, negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use WeatherAds, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from WeatherAds.

WeatherAds reserve the right to modify, suspend or discontinue, temporarily or permanently, WeatherAds Services or any part of it, with or without notice, at any time. You agree that WeatherAds shall not be liable to you or to any third party for any such modification, suspension or discontinuance of WeatherAds Services.

Nothing in these terms and conditions shall limit the Company liability for: death or personal injury caused by the negligence of the Company, its directors, agents officers or representatives: fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.You agree that you will not pursue any claims against WeatherAds for any liability WeatherAds may have under or relating to your use of WeatherAds Services until you first make claims against your insurance provider(s) and such insurance provider(s) finally resolve(s) such claims. You waive your right of recovery against WeatherAds (and waive the subrogation right of your insurance provider(s)) to the extent such claims are covered by your insurance.

UK law governs these terms and conditions and you agree that the United Kingdom Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of WeatherAds Services and these terms and conditions. If you choose to use WeatherAds Services it is your responsibility to comply with the applicable local, national or international laws and any use of WeatherAds Services outside the UK is entirely at your own risk. For guidance relating to your specific situation, please contact your legal adviser.

Disclaimer, Exclusion, and Limitation of Liability

WeatherAds makes no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the site, services, or data made available from the services. Your use of the site or services, and all content, material, and third party software and content are at your sole responsibility and risk. The site and services are provided on an “as is” and “as available” basis.

WeatherAds disclaims any warranty that the site, the services, or any content, including, without limitation, any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site, services, and servers are free of viruses or other harmful components. You agree that from time to time WeatherAds may remove the site or cease providing the services for indefinite periods of time without prior notice or notification. Your access to and use of the site and services may be interrupted or suspended from time to time for any reason, including, but not limited to, equipment malfunctions, periodic updating, maintenance or repair of the site or services, or other actions that WeatherAds, in its sole discretion, may elect to take. You acknowledge and agree that you are not entitled to damages or any other form of compensation or relief when outages, delays, downtime, malfunctions, security or system breaches, or other interruptions of service occur.

WeatherAds makes no guarantee regarding: (a) the number of visitors, views, conversions, cost or performance of any of your campaigns, ads or landing pages; or (b) the compatibility of any software, hardware, or content with the site or services. You are not entitled to compensation, refunds, credits, damages or any form of relief should the site or services not meet your expectations.

You are solely responsible for ensuring that your content is compatible with the site and/or services. WeatherAds disclaims any liability or responsibility for any unauthorized use of your content by third parties or other users of the site or services, and is not responsible for protecting your content.

WeatherAds is not responsible for the acts, omissions, or failures of any third-party content, service, network, or software or hardware provider, including but not limited to, internet service providers, hosting services used by WeatherAds, telecommunications providers, content provided by other users, or any software or hardware not provided by WeatherAds.

Any material downloaded or otherwise obtained through the use of the site or services  is done at your own discretion and risk. You agree that you, solely, are responsible for any damage to your computer system or other device, and/or for any loss of data that may result from the download of any such material.

No advice or information, whether communicated orally or in writing, from WeatherAds employees, or via the site or services, shall create any warranty not expressly stated in this agreement.

The site and services are offered and controlled by WeatherAds from its facilities in the UK. WeatherAds makes no representations that the site or services are appropriate or available for use in other locations. Those who access or use the site or services from other jurisdictions do so at their own risk and are responsible for compliance with local law.

You agree that neither WeatherAds nor its owners, officers, directors, affiliates, contractors, licensors, employees or agents, will be held liable to you or any third party acting on your behalf, for any tangible or intangible damages or losses arising from or relating to: this agreement, your use of or inability to use the site or services, or your use of third party materials, content, or services.

WeatherAds will not be held responsible for any damages, liabilities, losses, or other consequences that you may incur in the event that the site and/or services are modified, suspended or discontinued.

In no event shall WeatherAds’s and its affiliates’, representatives’, officers’, directors’, stockholders’, employees’, or agents’ aggregate liability for all claims, whether in contract, tort, or any other theory of liability, exceed the cost of customer’s subscription.

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