Terms of Service — DecideWeather

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.

Persons at your facility. Where the Service is used for golf-course operations, you acknowledge that the persons affected by your decisions include members, guests, players, spectators, contractors, and other individuals present at your facility who are not your employees and who are not parties to these Terms. You are solely responsible for their safety, for communicating conditions and any suspension or resumption of play to them, and for your own emergency-action plan, shelter provision, and evacuation procedures. Nothing in the Service performs, replaces, or supervises any part of that responsibility.

The Service does not provide agronomic, horticultural, turf-management, or plant-health advice. Thresholds, windows, and indications relating to turf, soil, disease pressure, chemical applications, irrigation, and course conditions are general decision-support derived from published research and third-party forecast data. They do not account for your specific turf varieties, soil profile and drainage, microclimate, irrigation system, chemical and nutrient program, cultural practices, or agronomic history, and they are not a substitute for the judgment of a qualified superintendent or agronomist, for product labels and application instructions, or for applicable pesticide and environmental regulations. You are solely responsible for all agronomic decisions and for the condition of your course. We are not liable for turf loss, disease damage, plant injury, soil or playing-surface degradation, failed or ineffective applications, wasted product, lost play or revenue, or any cost of remediation or regrassing.

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.

Accounts are for a single user. You may not share your credentials with, or permit access to the Service by, any other person, and you may not use one account to serve multiple individuals who would otherwise each require their own. Where the Service offers a team, multi-member, or multi-seat arrangement, additional users must be added through that arrangement.

You are responsible for all activity occurring under your account, including any unauthorized access resulting from your failure to keep your credentials confidential, and any person who accesses the Service through your account is bound by these Terms. 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. Trials are offered at our discretion. We may modify trial length, extend a trial, limit trial eligibility, change what a trial includes, or discontinue offering trials, at any time. Access during a trial is not guaranteed and confers no right to continued access after the trial ends. Where we extend or modify an individual trial, that does not create any obligation to do so again or for any other user.

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 [email protected].
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 our prices. For subscriptions that renew automatically, we will provide at least thirty (30) days' notice by email or through the Service before a price change takes effect, and the change will apply from your next renewal. Price changes never affect a term you have already paid for. If you do not accept a price change, you may cancel before the renewal date; continuing the subscription past the renewal date after notice constitutes acceptance of the new price. Payments on the web are processed by a third-party payment processor (see our Privacy Policy); we do not store full payment-card details.

The features, operations, and modules available to you depend on the subscription you purchase and may change as described in the Changes to the Service section above.

7. Changes to the Service

We are continually developing the Service. We may add, modify, improve, or discontinue features, operations, verdict logic, thresholds, data sources, alert types, and other functionality at any time. We may also suspend the Service temporarily for maintenance, security, or operational reasons.

Where we discontinue a material feature that you actively use, or make a change that substantially reduces the core functionality of a subscription you have paid for, we will provide notice through the Service or by email before the change takes effect where practicable, and — if the change substantially reduces core functionality during a term you have already paid for — you may cancel and receive a pro-rata refund of the unused portion of that term as your sole and exclusive remedy.

Nothing in this section obligates us to maintain any particular feature, operation, threshold, data source, integration, or level of forecast detail. Verdict logic, thresholds, and the underlying models are refined over time as forecasting methods and agronomic or trade research develop; changes to them are improvements to the Service, not reductions of it.

8. Beta, Preview, and Early-Access Features

We may make features, operations, verticals, or entire products available on a beta, preview, early-access, pilot, or similar pre-release basis, whether or not labeled as such. Pre-release functionality is provided for evaluation only and AT YOUR SOLE RISK.

Pre-release functionality: (a) is provided "as is" and is expressly excluded from any warranty, service commitment, or availability expectation, including any set out elsewhere in these Terms; (b) may be incomplete, may produce inaccurate or unavailable output, and may behave differently from generally available features; (c) may be changed, limited, or withdrawn at any time without notice and without liability; and (d) may never become generally available.

You should apply additional independent verification before relying on pre-release functionality for any operational decision. The disclaimers and limitations in Sections 2 through 4 and 13 through 15 apply to pre-release functionality with full force, and nothing about a feature's pre-release status creates any commitment that it will work, continue, or ship.

9. Your Data and Inputs

You retain all rights in the job-site locations, course information, operating hours, settings, and other information you enter into the Service ("Your Inputs"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Inputs for the purpose of operating and providing the Service to you, including transmitting job-site coordinates to the third-party weather, air-quality, and geocoding providers identified in the Data Sources and Attributions section below.

You also grant us the right to use Your Inputs, and information about how the Service is used, in de-identified and aggregated form — in a manner that does not identify you, your business, or any specific job site or course — to operate, analyze, maintain, and improve the Service, including refining verdict logic and thresholds.

You represent that you have the right to provide Your Inputs and that doing so does not violate any law or third-party right.

10. 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).

11. 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.

12. 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.

13. 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.

14. 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.

For the avoidance of doubt, the limitations in this section apply to all claims arising from or relating to the Service's outputs, including verdicts, operation windows, summaries, alerts, forecast data, and the models, thresholds, and automated logic that generate them, and to any inaccuracy, unavailability, delay, or non-delivery of the same, whether the claim is framed in contract, tort, negligence, strict liability, or otherwise.

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.

15. 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.

16. 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, 6, 9, 11–15, and 17–19) survive termination. Any fees accrued or payable before termination remain due.

17. 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.

18. 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 Albany 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.

19. Miscellaneous

Force Majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, epidemics, governmental action, power or telecommunications failures, internet or network outages, cyberattacks, and failures, outages, changes, or discontinuation of service by third-party providers on which the Service depends, including weather-data providers, hosting, database, notification, and payment providers.

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: [email protected].

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.

6. Persons at Your Facility

7. Agronomic Decision-Support

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.

Providers may change. The third-party data providers listed here are those in use as of the effective date of these Terms. We may add, remove, or replace data providers at any time as availability, quality, coverage, or commercial terms change, and the current list will be reflected in the then-current version of this section. Third-party providers may modify, limit, degrade, or discontinue their services, and their terms and disclaimers flow through to your use of the Service.