Terms of Service

1. Introduction

Welcome to CloudGaze ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the CloudGaze website, mobile applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

The Service provides weather forecasts, alerts, and related information. The accuracy of weather information cannot be guaranteed, and you should not rely solely on the Service for protection of life or property.

2. Eligibility

To use the Service, you must:

• Be at least 13 years of age (or the minimum legal age in your jurisdiction to form a binding contract)
• Have the legal capacity to enter into these Terms
• Not be prohibited from receiving the Service under the laws of the United States or other applicable jurisdiction

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration

Some features of the Service may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Service Description

CloudGaze provides weather forecasting services including but not limited to:

• Current weather conditions
• Hourly and daily forecasts
• Extended forecasts (weekly, monthly)
• Severe weather alerts
• Radar and satellite imagery
• Weather-related news and articles

4.1 Accuracy of Information

Weather forecasting is an inexact science. While we strive to provide accurate information, we cannot guarantee the accuracy, completeness, or timeliness of the weather information provided through the Service. You should not rely solely on the Service for protection of life or property.

4.2 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

5. User Responsibilities

When using the Service, you agree not to:

• Violate any applicable law, regulation, or these Terms
• Use the Service for any unlawful or fraudulent purpose
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use any robot, spider, scraper, or other automated means to access the Service
• Remove any copyright, trademark, or other proprietary notices
• Use the Service to transmit any viruses or harmful code

6. Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CloudGaze, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use

6.1 Trademarks

The CloudGaze name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CloudGaze or its affiliates or licensors. You must not use such marks without our prior written permission.

7. User Content

The Service may allow you to submit, post, or share content ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• The User Content does not violate these Terms or any applicable laws
• The User Content will not cause injury to any person or entity

We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.

8. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by CloudGaze. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that CloudGaze 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 websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOUDGAZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CLOUDGAZE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

WEATHER INFORMATION PROVIDED THROUGH THE SERVICE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR CRITICAL DECISIONS. ALWAYS CONSULT OFFICIAL WEATHER SOURCES AND LOCAL AUTHORITIES FOR PROTECTION OF LIFE AND PROPERTY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOUDGAZE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, 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.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless CloudGaze, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the city of Wilmington and County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14. Termination

We may terminate or suspend your access to all or part of the Service, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and CloudGaze concerning the Service.

15.2 Waiver and Severability

No waiver by CloudGaze of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CloudGaze to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CloudGaze may assign or transfer these Terms, at its sole discretion, without restriction.

15.4 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CloudGaze (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

15.5 Contact Information

If you have any questions about these Terms, please contact us at:

CloudGaze Weather Services
123 Weather Lane, Suite 100
New York, NY 10001
Email: legal@cloudgaze.com