Terms of Service & Privacy Policy

1.1. Acceptance of Terms

1.2. Service Description and Scope

ZoneWatch is a proprietary mobile application that provides meteorological data, weather forecasts, severe weather alerts, radar imagery, and related meteorological information services (collectively, the "Services"). The App is intended for personal, non-commercial use only. Company reserves the absolute right to modify, suspend, discontinue, or terminate any aspect of the App or Services at any time, with or without prior notice, and without liability to User or any third party.

1.3. Disclaimers Regarding Weather Data Accuracy

THE WEATHER FORECASTS, ALERTS, AND RELATED METEOROLOGICAL INFORMATION PROVIDED THROUGH THE APP ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. WHILE COMPANY ENDEAVORS TO PROVIDE TIMELY AND ACCURATE UPDATES, COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS, RELIABILITY, ACCURACY, OR PRECISION OF ANY DATA PRESENTED. WEATHER CONDITIONS ARE INHERENTLY UNPREDICTABLE, AND USERS ACKNOWLEDGE THAT METEOROLOGICAL FORECASTS ARE ESTIMATES BASED ON AVAILABLE DATA AND MATHEMATICAL MODELS, WHICH MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES.

1.4. Emergency Services Disclaimer

ZONEWATCH IS NOT A SUBSTITUTE FOR OFFICIAL EMERGENCY ALERTS, GOVERNMENT WARNINGS, OR PUBLIC SAFETY SYSTEMS. THE APP IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS, LIFE-THREATENING CONDITIONS, OR FOR MAKING CRITICAL DECISIONS AFFECTING PERSONAL SAFETY OR PROPERTY PROTECTION. USERS ARE EXPRESSLY PROHIBITED FROM RELYING SOLELY ON ZONEWATCH FOR LIFE-CRITICAL DECISIONS, PARTICULARLY DURING SEVERE WEATHER EVENTS OR NATURAL DISASTERS. USERS ARE STRONGLY ADVISED TO CONSULT OFFICIAL SOURCES, INCLUDING BUT NOT LIMITED TO THE NATIONAL WEATHER SERVICE, LOCAL EMERGENCY MANAGEMENT AGENCIES, AND OTHER AUTHORITATIVE METEOROLOGICAL SERVICES FOR EMERGENCY WEATHER INFORMATION.

1.5. Alert Delivery Limitations

DELIVERY OF ALERTS MAY BE DELAYED, LIMITED, OR FAIL DUE TO TECHNICAL ISSUES, DEVICE SETTINGS, NETWORK CONNECTIVITY, OR OTHER FACTORS BEYOND COMPANY'S REASONABLE CONTROL. ZONEWATCH CANNOT AND DOES NOT GUARANTEE THE ISSUANCE OR RECEIPT OF TIMELY WARNINGS. USERS ACKNOWLEDGE THAT ALERT DELIVERY DEPENDS ON VARIOUS TECHNOLOGICAL SYSTEMS AND INFRASTRUCTURE THAT MAY EXPERIENCE INTERRUPTIONS, FAILURES, OR DELAYS. COMPANY EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR MISSED, DELAYED, OR FAILED ALERT DELIVERY AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING THEREFROM.

1.6. User Obligations and Prohibited Activities

1.7. Intellectual Property Rights and Proprietary Information

THE APP AND ALL CONTENT, FEATURES, FUNCTIONALITY, AND INTELLECTUAL PROPERTY THEREOF, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, LOGOS, ICONS, IMAGES, AUDIO CLIPS, DIGITAL DOWNLOADS, DATA COMPILATIONS, SOFTWARE, ALGORITHMS, AND TRADE SECRETS, ARE AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF COMPANY AND ITS LICENSORS. THE APP IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, AND OTHER INTELLECTUAL PROPERTY LAWS. USER IS GRANTED A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO USE THE APP SOLELY FOR PERSONAL, NON-COMMERCIAL PURPOSES IN STRICT ACCORDANCE WITH THESE TERMS.

1.8. Service Availability and Modifications

COMPANY RESERVES THE ABSOLUTE RIGHT TO MODIFY, SUSPEND, DISCONTINUE, OR TERMINATE THE APP OR ANY OF ITS FEATURES, SERVICES, OR FUNCTIONALITY AT ANY TIME, TEMPORARILY OR PERMANENTLY, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY TO USER OR ANY THIRD PARTY. COMPANY MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT USER'S ACCESS TO PARTS OR ALL OF THE APP WITHOUT NOTICE OR LIABILITY. COMPANY SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APP.

1.9. Limitation of Liability and Damages

1.10. Statute of Limitations and Time Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER MUST BRING ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APP OR SERVICES WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION ACCRUED. IF USER FAILS TO BRING SUCH CLAIM WITHIN SUCH TIME PERIOD, THE CLAIM SHALL BE PERMANENTLY BARRED AND USER SHALL BE DEEMED TO HAVE WAIVED SUCH CLAIM.

1.11. Trial and Payment Abuse Prohibition

1.12. Indemnification and Defense Obligations

USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, 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 AND COURT COSTS) ARISING OUT OF OR RELATING TO USER'S VIOLATION OF THESE TERMS, USER'S USE OF THE APP OR SERVICES, OR USER'S VIOLATION OF ANY THIRD-PARTY RIGHTS.

2.1. Informal Negotiations

Before initiating arbitration or litigation, you and Company agree to attempt to resolve any dispute, claim, or controversy informally. This informal resolution process must begin with a written notice from the complaining party describing the nature and basis of the claim and the relief sought. The notice must be sent via certified mail to Company at its principal place of business. Both parties agree to negotiate in good faith for a period of at least thirty (30) days before pursuing formal dispute resolution.

2.2. Binding Arbitration

2.3. Waiver of Class Actions and Jury Trials

YOU AND COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE NOT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. You may not consolidate or join claims with those of other persons or entities. This waiver applies to any action or proceeding, whether in arbitration, in court, or otherwise.

2.4. Arbitration Fees and Costs

Each party will bear its own arbitration costs and attorney's fees, unless the arbitration rules or applicable law require otherwise. Company will not seek reimbursement of its attorney's fees and costs in arbitration unless the arbitrator determines that User's claim was frivolous or brought for an improper purpose.

2.5. Exceptions – Small Claims and Injunctive Relief

Notwithstanding the foregoing, either you or Company may bring individual claims in small claims court where the claim falls within the jurisdiction and scope of such court. Either party may also seek injunctive or other equitable relief in state or federal court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

2.6. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms or the App shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. For any matters not subject to arbitration as set forth herein, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in San Francisco County, California.

3.1. Information Collection and Use

Company collects and processes personal information necessary to provide and improve the App's functionality. This includes location data for weather alerts, device information for technical support, and usage analytics for service enhancement.

We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure.

3.2. Data Sharing and Disclosure

Company does not sell, trade, or otherwise transfer personal information to third parties for commercial purposes, except as necessary to provide the App's services or as required by law. We may share aggregated, non-personally identifiable information for analytical purposes.

3.3. User Rights and Choices

Users may opt out of certain data collection and communications through the App's settings or by contacting Company directly. Some features may be unavailable if certain permissions are revoked. Users have the right to request access to, correction of, or deletion of their personal information, subject to applicable legal requirements.

4.1. Subscription Management and Cancellation

Company is not responsible for managing or canceling subscriptions. All subscriptions are processed through third-party platforms such as the Apple App Store, Google Play Store, or PayPal. Users must manage and cancel subscriptions directly through the respective platform according to that platform's terms and procedures.

For subscription management assistance, please refer to:

4.2. Modifications to Terms

Company reserves the right to modify these Terms at any time by posting the revised Terms on the App or Company's website. Users will be notified of material changes through the App or via email where feasible. Continued use of the App following any modifications constitutes acceptance of the updated Terms.

4.3. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between you and Company regarding the App and supersede all prior or contemporaneous agreements, representations, and understandings.

For questions regarding these Terms or the App, please contact WeatherWise Innovations, Inc. at: contact@weatherwiseinnovations.com

5.1. Multi-Platform Service Coverage

These Terms apply to all ZoneWatch services, including but not limited to mobile applications, web platforms, APIs, data feeds, and any future services or platforms developed by WeatherWise Innovations, Inc. Users acknowledge that access to different platforms may require separate authentication and may be subject to platform-specific limitations or requirements.

5.2. Web Platform and Business Services

ZoneWatch web platform and business services are subject to these Terms in addition to any specific terms governing business accounts, enterprise features, or commercial use. Business users may be subject to additional agreements, service level commitments, and usage limitations as determined by Company in its sole discretion.

5.3. API and Data Integration Terms

Use of ZoneWatch APIs, data feeds, or integration services requires separate API agreements and may be subject to rate limiting, usage quotas, and technical specifications. Unauthorized access, excessive usage, or violation of API terms may result in service suspension or termination.

6.1. Commercial Use Restrictions

Commercial use of ZoneWatch services requires explicit written permission from WeatherWise Innovations, Inc. and may be subject to separate commercial licensing agreements. Unauthorized commercial use, including but not limited to resale, redistribution, or integration into commercial products, is strictly prohibited and may result in immediate service termination and legal action.

6.2. Business Account Terms

Business accounts are subject to additional terms including user management, billing responsibilities, and compliance requirements. Business account administrators are responsible for all user activity within their organization and must ensure compliance with these Terms by all authorized users.

6.3. Enterprise Service Limitations

Enterprise features and services are provided on an "as-is" basis and may be subject to separate service level agreements. Company reserves the right to modify, suspend, or discontinue enterprise services with appropriate notice to affected business users.

7.1. California Privacy Rights

California residents have specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Users may request disclosure of personal information collected, request deletion of personal information, and opt out of the sale or sharing of personal information. Requests should be submitted to contact@weatherwiseinnovations.com.

7.2. Data Processing and Retention

Company processes personal data in accordance with applicable privacy laws and maintains data retention policies that comply with legal requirements. Users acknowledge that certain data may be retained for legal, security, or business purposes even after account deletion or service termination.

7.3. International Data Transfers

Users acknowledge that data may be processed in countries other than their residence. Company implements appropriate safeguards for international data transfers and complies with applicable data protection laws including GDPR requirements where applicable.

8.1. System Requirements and Compatibility

Users are responsible for ensuring their devices, browsers, and systems meet minimum technical requirements for ZoneWatch services. Company does not guarantee compatibility with all devices, operating systems, or browsers and reserves the right to discontinue support for outdated platforms.

8.2. Security and Access Controls

Users are responsible for maintaining the security of their account credentials and must notify Company immediately of any unauthorized access or security breaches. Company implements industry-standard security measures but cannot guarantee absolute security of data transmission or storage.

8.3. Service Interruptions and Maintenance

Company may perform scheduled maintenance, updates, or system improvements that may temporarily interrupt service. While Company strives to minimize disruptions, users acknowledge that service interruptions may occur and agree that Company shall not be liable for any damages resulting from such interruptions.

9.1. California Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or ZoneWatch services shall be subject to the exclusive jurisdiction of the courts of San Francisco County, California, except as otherwise provided in the arbitration clause.

9.2. Regulatory Compliance

Company operates in compliance with applicable federal, state, and local regulations including but not limited to telecommunications, data protection, consumer protection, and business licensing requirements. Users must comply with all applicable laws and regulations in their use of ZoneWatch services.

9.3. Export Control and International Use

Users acknowledge that ZoneWatch services may be subject to U.S. export control laws and regulations. Users represent that they are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions or export restrictions.