PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. Who We Are; Acceptance
These Terms of Service ("Terms") are a binding agreement between DecideWeather, LLC, a New York limited liability company ("DecideWeather," "we," "us," or "our"), and the business or individual that creates an account or uses the Service ("you"). "Service" means the DecideWeather web and mobile applications, including all weather-based work-window verdicts, operation windows, summaries, alerts, and related features. By creating an account, accessing, or using the Service, you represent that you are at least 18 years old, are using the Service for business or commercial purposes, and have authority to bind the business on whose behalf you act.
2. The Service Is Decision-Support, Not a Directive or Guarantee
The Service provides weather-based decision-support to help you plan outdoor work. Verdicts such as "STOP," "GO," and "GO with caution" (and, for golf operations, optimal/non-optimal operation windows and related agronomic decision-support), together with any summaries, alerts, or suggestions, are advisory recommendations based on third-party weather data and predictive modeling. They are not instructions, professional engineering, agronomic, or safety advice, commands, or guarantees of any outcome or condition.
You are solely responsible for all operational, scheduling, crew-deployment, and safety decisions, and for compliance with OSHA and all other applicable laws, regulations, and safety standards. DecideWeather does not control, direct, or supervise your worksites or operations. You are encouraged to review the underlying forecast data and thresholds the Service makes available, and to apply your own professional judgment, before acting on any verdict.
3. Weather Forecasting Is Inherently Uncertain
You acknowledge that weather forecasting is not an exact science. Forecasts, nowcasts, and verdicts are inherently probabilistic and may be inaccurate, incomplete, delayed, or unavailable. Actual conditions may differ materially from anything the Service shows. Weather and conditions can change rapidly and without warning.
4. Alerts and Notifications
The Service may send alerts — including notifications that a forecast has changed in a way we consider meaningful, and that precipitation appears to be incoming or ending. Precipitation nowcast alerts state expected timing and amount only (for example, that precipitation is expected to begin in approximately a stated number of minutes, or to end at approximately a stated time); they are factual forecast information and do not themselves direct you to start or stop work. You acknowledge and agree that:
- alerts depend on third-party weather and nowcast data, your device, your network or carrier, push-notification services, and other factors outside our control;
- alerts may be delayed, misdirected, incomplete, inaccurate, or not delivered at all, and we do not guarantee their delivery, timeliness, or accuracy;
- the Service is NOT a lightning-detection, strike-warning, severe-weather-warning, or life-safety system, and must not be relied upon as one; where the Service indicates that thunderstorms or lightning are possible, that indication is derived from forecast data, not real-time detection; and
- you must independently monitor official sources (such as the National Weather Service) and follow established safety protocols, and must not rely on the Service as your sole or primary source for any decision affecting personal or public safety.
5. Accounts; Shared Access
To use the Service you must register an account with a valid email address and password. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You agree to provide accurate information and to keep it current. If you allow any other individual (for example, a crew member or colleague) to access the Service through your account, you remain fully responsible for their use, you agree to inform them that these Terms govern that use, and these Terms will be binding on them. We may suspend or terminate accounts that violate these Terms.
6. Subscriptions and Billing
Access to the Service is provided on a subscription basis, offered on a monthly or annual term, with annual subscriptions offered at a discount relative to the monthly rate. Pricing is per trade or operation type, as described at the point of purchase. Subscriptions renew automatically for successive terms until cancelled. Except where required by law, fees are non-refundable and are not prorated for partial periods. By starting a subscription, by continuing to use the Service, and upon each automatic renewal, you reaffirm your agreement to the then-current Terms of Service, Privacy Policy, and disclaimers.
Free trial and how billing differs by platform. New users may be offered a two (2) week free trial.
- Web application (PWA): the free trial does not require a payment method up front and will not automatically convert to a paid subscription. You will not be charged unless and until you choose to subscribe. When you subscribe, your subscription renews automatically until you cancel, which you may do at any time through your account or by contacting support@decideweather.com.
- Apple App Store and Google Play: purchases and any free trial made through a mobile app store are billed by that store under its terms. A free trial obtained through an app store may require a payment method on file and may convert automatically to a paid subscription at the end of the trial unless you cancel before the trial ends. Subscriptions purchased through an app store renew automatically until cancelled, and you manage or cancel them through your app store account.
We may change pricing on prospective notice; changes do not affect the term you have already paid for. Payments on the web are processed by a third-party payment processor (see our Privacy Policy); we do not store full payment-card details.
7. Acceptable Use
You agree not to: use the Service for any unlawful purpose; scrape, harvest, or use automated means to extract data except as we expressly permit; reverse engineer, decompile, or attempt to derive source code; resell, sublicense, or redistribute the Service or its output except as expressly permitted; interfere with or disrupt the Service; or attempt to gain unauthorized access to any account, system, or data. You also agree not to use the Service in any manner prohibited by the terms of our upstream data providers (see the Data Sources and Attributions section below).
8. Intellectual Property
The Service, including all software, models, verdict logic, summaries, text, graphics, and design, and all DecideWeather names and logos, are owned by DecideWeather or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. Weather data sourced from third parties remains subject to those parties' rights and the attributions in the Data Sources and Attributions section below.
9. Feedback
If you send us ideas, suggestions, or feedback about the Service, you agree they are non-confidential and that we may use them for any purpose without obligation to compensate or credit you.
10. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT, VERDICTS, OPERATION WINDOWS, SUMMARIES, ALERTS, AND DATA PROVIDED THROUGH IT ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DECIDEWEATHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. DECIDEWEATHER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE, OR THAT ANY VERDICT, FORECAST, OR ALERT WILL BE CORRECT, TIMELY, OR DELIVERED.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DECIDEWEATHER AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, LOST DATA, WORK STOPPAGE, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. IN NO EVENT WILL DECIDEWEATHER'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID DECIDEWEATHER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless DecideWeather and its members, managers, officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your operational or safety decisions, your violation of these Terms, or your violation of any law or the rights of any third party. If you permit another individual to use the Service through your account, this indemnity extends to that individual's use.
13. Term; Suspension; Termination
These Terms apply while you use the Service. We may suspend or terminate your access for violation of these Terms or non-payment, and you may cancel at any time as described in the Service. On termination, your license ends. Sections that by their nature should survive (including Sections 2–4 and 8–12, 14–16) survive termination.
14. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms and, where the change is material, provide notice through the Service or by email. Your continued use after the effective date constitutes acceptance, except where applicable law requires your affirmative consent.
15. Governing Law; Venue; Class-Action Waiver
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute will be brought exclusively in the state or federal courts located in Schenectady County, New York, and you consent to their jurisdiction and venue. To the fullest extent permitted by law, each party waives any right to participate in a class, collective, or representative action against the other; disputes may be brought only in an individual capacity.
16. Miscellaneous
These Terms, together with the Privacy Policy and the disclaimers and attributions in the Liability Disclaimer and Data Sources and Attributions sections below, are the entire agreement between you and DecideWeather regarding the Service and supersede prior agreements. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be construed to reflect its intent as closely as the law allows. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them. Notices to us: support@decideweather.com.
Liability Disclaimer
1. Decision-Support Only
DECIDEWEATHER PROVIDES WEATHER-BASED DECISION-SUPPORT. IT DOES NOT TELL YOU WHAT TO DO. ALL VERDICTS, OPERATION WINDOWS, SUMMARIES, ALERTS, AND SUGGESTIONS ARE ADVISORY RECOMMENDATIONS FOR YOUR PLANNING ONLY. YOU ALONE ARE RESPONSIBLE FOR EVERY OPERATIONAL, SCHEDULING, AND SAFETY DECISION YOU MAKE.
2. Forecasts Are Not Guarantees
Weather forecasting is not an exact science. The verdicts and information the Service provides are based on third-party data and predictive models, are inherently probabilistic, and may be wrong, incomplete, delayed, or unavailable. Conditions can change rapidly. You should review the underlying data and thresholds the Service makes available and apply your own professional judgment before acting.
3. Not a Safety or Warning System
The Service is not a substitute for official weather warnings, and it is not a lightning-detection, strike-warning, severe-weather-warning, or emergency-alert system. When the Service indicates thunderstorms or lightning are possible, that comes from forecast data, not real-time detection, and you should expect that a corresponding work-window verdict will advise stopping work. Precipitation nowcast alerts report only expected timing and amount and are not safety warnings. You must independently monitor official sources — such as the National Weather Service and local authorities — and follow established safety protocols, including OSHA requirements, before making any decision that could affect the safety of any person.
4. You Assume the Risk of Your Decisions
To the fullest extent permitted by law, you acknowledge and agree that you use the Service, and act on its output, at your own risk; that you are solely responsible for the safety of your personnel and any third parties at your worksites; and that DecideWeather is not responsible or liable for any acts, omissions, decisions, losses, injuries, or damages arising from your use of, or reliance on, the Service. Your remedies and DecideWeather's liability are limited as set out in the Terms of Service.
5. Third-Party Data
The Service incorporates data from third parties (see the Data Sources and Attributions section below). Those providers disclaim warranties and reliance for their data, and certain of them restrict use of their data for safety-critical or life-safety purposes. Those disclaimers and restrictions flow through to you.
Data Sources and Attributions
DecideWeather is built on data from the following sources. We gratefully acknowledge them. Their terms and disclaimers apply to the data they provide and flow through to your use of the Service.
National Weather Service (NOAA / NWS)
Certain forecast and alert data is sourced from the U.S. National Oceanic and Atmospheric Administration / National Weather Service, which is in the public domain. This information is provided by NWS "as is," the user assumes the entire risk of using it, and it is presented as official government material. DecideWeather is not endorsed by or affiliated with NOAA or the NWS.
Open-Meteo (weather and air quality)
Weather and air-quality data is provided in part by Open-Meteo and is used under the Creative Commons Attribution 4.0 International (CC BY 4.0) license, which permits commercial use with attribution. Open-Meteo is credited as a data source, with a link to https://open-meteo.com. Air-quality information is provided for general informational context; where the Service makes air-quality part of a verdict, that verdict remains advisory decision-support as described in these Terms and the Liability Disclaimer above.
Rainbow.ai (precipitation nowcast)
Short-term precipitation nowcast data is powered by Rainbow.ai. Where Rainbow.ai data or insights derived from it are shown, Rainbow.ai is credited ("Powered by Rainbow.ai") with a link. Rainbow.ai's terms disclaim warranties, limit its liability, and restrict use for safety-critical or life-safety purposes; those terms flow through to your use of the Service, and you must not rely on nowcast-derived alerts as a safety or warning system. DecideWeather's precipitation nowcast alerts report expected timing and amount only and do not issue STOP/GO verdicts.
Mapbox (geocoding only)
Address and location lookup (converting addresses to coordinates) is provided by Mapbox. The Service does not display Mapbox map tiles. A service notice is shown where required by Mapbox's terms.