Terms and Conditions

Last updated: March 9, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access Our Service or parts of Our Service.
Country refers to: Australia
WeatherWizz (also referred to as “we”, “us” or “our”) means WeatherWizz Pty Ltd (ABN 55 695 968 337) (trading as WeatherWizz).
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Interface (or “Interfaces”) means any dashboard, webpage, plugin, API endpoint, embedded output, integration, feed, export mechanism or other functionality through which data is displayed, processed, exported, synchronised or transmitted via the Service.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
Service refers to the Website and all related dashboards, webpages, modules, integrations, features, data processing functionality and services provided by WeatherWizz.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and WeatherWizz regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to WeatherWizz, accessible from https://www.weatherwizz.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and WeatherWizz. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. WeatherWizz does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of WeatherWizz. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

No Reliance and Entire Agreement

To the maximum extent permitted by law, You acknowledge and agree that:

(a) You have not relied on any representation, warranty, statement, promise, or other assurance made by or on behalf of WeatherWizz that is not expressly set out in these Terms; and
(b) no information or advice, whether oral or written, obtained from WeatherWizz or through the Service creates any warranty, representation, or guarantee that is not expressly stated in these Terms.

These Terms constitute the entire agreement between You and WeatherWizz in relation to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to the Service.

Nothing in this section excludes or limits any rights You may have under applicable consumer protection laws, including the Australian Consumer Law, that cannot lawfully be excluded.

Service Outputs

All data, readings, calculations, metrics, tables, charts, graphs, reports, downloadable files, exports, synchronised datasets, API feeds and other materials generated, displayed or transmitted through the Service (collectively, “Service Outputs”) are provided for general informational and decision-support purposes only.

Service Outputs may be derived from raw data, automated processing, artificial intelligence or machine learning systems, configuration settings, calculations, algorithms, third-party integrations or user inputs, and may contain inaccuracies, delays, formatting errors or omissions. You are solely responsible for verifying the accuracy and suitability of any Service Output before relying on it for any purpose. Service Outputs generated using artificial intelligence or automated systems may be incomplete, incorrect or misleading and are not guaranteed to reflect real-world conditions.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Limitations of Use

Your use of the Service allows You to send data from Your weather station to WeatherWizz for display, processing or transmission through a dashboard, webpage or other Interface linked to Your Account. The maximum allowable data update rate is one (1) update per five (5) seconds. If Your weather station exceeds this maximum rate, the frequency of updates on any Interface, including dashboards, webpages or plugins, may be subject to throttling, restriction or suspension, and Your Account may be terminated.

Free Tier – Inactivity and Dormancy

If You are using a free or unpaid version of the Service, the following inactivity and dormancy rules apply:

Interfaces associated with a free Account that have not been accessed for three (3) or more consecutive days may be considered inactive and may be switched to sleep mode. In sleep mode, live data updates may temporarily cease. Accessing the relevant Interface is expected to trigger a return to live mode; however, restoration of live updates is not guaranteed and You may contact WeatherWizz support if assistance is required.

Free Accounts that have not had any Interface accessed for sixty (60) days or more may be considered dormant. Transmission of data alone does not constitute active use of the Service for the purpose of determining inactivity or dormancy. In the event of dormancy, WeatherWizz may cancel or delete the Account, stop processing any data received from the associated weather station, and delete data recorded by WeatherWizz from that weather station.

Paid Subscriptions

The inactivity and dormancy provisions described above do not apply to Accounts with an active paid Subscription that is current and not overdue. WeatherWizz will not cancel, suspend or delete a paid Account solely due to lack of access to a dashboard, webpage or other Interface, provided that Subscription fees remain paid and up to date.

Post-Cancellation Responsibility

If Your Account has been cancelled for any reason, either by WeatherWizz or by You, it is Your responsibility to delink or reconfigure Your weather station, software or device in order to stop sending data to WeatherWizz. If data continues to be transmitted after cancellation, WeatherWizz may take steps to block or discard such data at the server level.

Indemnification

You agree to indemnify, defend and hold harmless WeatherWizz, its Affiliates, directors, officers, employees, contractors and licensors from and against any claims, demands, actions, proceedings, investigations, liabilities, damages, losses, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:

Your use or misuse of the Service;
Any data transmitted from Your weather station, device or systems;
Any configuration, automation logic, integration, script or command implemented by You;
Any Content posted, published, streamed or otherwise made available by You through the Service, including through publicly accessible dashboards or live audio or video feeds;
Your breach of these Terms; or
Your violation of any applicable law or the rights of any third party.

WeatherWizz reserves the right, at Your expense, to assume the exclusive defence and control of any matter subject to indemnification by You, in which case You agree to cooperate with WeatherWizz in asserting any available defences.

This indemnity survives termination of these Terms.

Agricultural/Farming Use – Disclaimer and Limitation of Liability

All data, readings, calculations, metrics, analytics, projections, alerts, recommendations, visualisations, reports, exports and other outputs generated by any WeatherWizz agricultural or farming module, or otherwise made available through the Service or any Interface and used for agricultural, horticultural, viticultural, irrigation, spraying, frost management, crop management, yield forecasting or other commercial agricultural purposes (collectively, “Agricultural Outputs”), are provided for general informational and decision-support purposes only. This includes any tables, graphs, summaries, downloadable files or reports generated or compiled by You using data obtained from the Service.

Agricultural Outputs may be derived from raw weather station data, user-configured settings, simple calculations, threshold logic, statistical processing, algorithms, models or third-party data sources. WeatherWizz does not verify, audit or guarantee the accuracy, completeness, calibration, positioning, reliability or ongoing performance of any weather station, sensor, connectivity system or third-party data source. Agricultural Outputs are not reviewed by agronomists or other professionals before being made available to You.

To the maximum extent permitted by law, WeatherWizz makes no representations or warranties, whether express, implied or statutory, that any Agricultural Output is accurate, complete, current, error-free or fit for any particular agricultural, commercial or environmental purpose, or that use of the Service will prevent crop loss, disease, frost damage, pest infestation, chemical misapplication, environmental harm or financial loss, or improve yield, quality or profitability. All implied warranties, including merchantability, fitness for a particular purpose and professional standard of care, are excluded to the fullest extent permitted by law.

Agricultural Outputs are advisory only and do not constitute agronomic, agricultural, financial, environmental, chemical application or regulatory advice, and do not create any professional or fiduciary relationship. You are solely responsible for independently verifying data, obtaining appropriate professional advice, complying with applicable laws and chemical labels, and exercising independent judgment in all farming operations. You acknowledge that agriculture involves inherent and unpredictable risks — including weather variability, disease, equipment failure, connectivity issues and market fluctuation — which the Service cannot eliminate.

Interruptions, delays, data corruption, connectivity failures, sensor malfunction, miscalibration or misconfiguration may materially affect Agricultural Outputs. If Your weather station ceases transmitting data for any period, outputs may be incomplete, delayed or inaccurate, and You assume all associated risks.

To the maximum extent permitted by law, WeatherWizz excludes all liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising directly or indirectly from use of or reliance on any Agricultural Output or any decision taken or not taken based on the Service for agricultural purposes. This includes, without limitation, crop loss, reduced yield, quality degradation, chemical misapplication, pest or disease damage, environmental harm, loss of profit, loss of revenue, loss of opportunity, loss of business, loss of contracts, financing impacts and business interruption.

To the maximum extent permitted by law, WeatherWizz’s total aggregate liability arising out of or in connection with agricultural use of the Service is limited to the total amount paid by You to WeatherWizz for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred United States dollars (USD $100) if You have not paid any fees during that period. Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded, and where liability cannot be excluded but may be limited, WeatherWizz’s liability is limited to the minimum extent permitted by law.

Home Automation Platform Integrations

WeatherWizz may offer optional integrations with Home Assistant and other home automation platforms (“Home Automation Platforms”) to enable the transmission, receipt or synchronisation of data between WeatherWizz and supported systems. All such integrations are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, WeatherWizz makes no representations or warranties, whether express, implied or statutory, regarding the availability, compatibility, reliability, security, accuracy or continued functionality of any integration, including compatibility with particular versions, configurations, custom components, add-ons, network environments or future software updates. All implied warranties, including merchantability and fitness for a particular purpose, are excluded to the fullest extent permitted by law.

Data transmitted to or from a Home Automation Platform may be delayed, incomplete, corrupted, inaccurate or unavailable due to connectivity issues, API limitations, software updates, configuration errors, processing delays or other technical factors. WeatherWizz does not warrant the accuracy, timing, integrity or reliability of any such data. You are solely responsible for validating data before using it to trigger automations or control any device, system or environment, and for designing, testing and monitoring any automation logic implemented within your Home Automation Platform.

Integrations may require the execution of commands, scripts, configuration changes or installation of custom components within your Home Automation Platform. You do so entirely at your own risk. You are solely responsible for maintaining appropriate backups, restoring your system if issues arise, maintaining system security, protecting access credentials, and ensuring proper configuration, updates and ongoing operation. WeatherWizz does not access, control or manage your Home Automation Platform beyond the permissions expressly granted by you.

You acknowledge that Home Automation Platforms may control or influence devices affecting property, environmental conditions, security or other operational systems. The integrations are not designed, tested or guaranteed for safety-critical, emergency, life-support, fail-safe or mission-critical applications.

To the maximum extent permitted by law, WeatherWizz excludes all liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising directly or indirectly from or in connection with any Home Automation Platform integration, including but not limited to incorrect or delayed data transmission, automation errors, device malfunction, system instability, data corruption, service interruption, property damage, loss of profit, loss of revenue, loss of opportunity or any other indirect or consequential loss.

To the maximum extent permitted by law, WeatherWizz’s total aggregate liability arising out of or in connection with any Home Automation Platform integration is limited to the total amount paid by You to WeatherWizz for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred United States dollars (USD $100) if You have not paid any fees during that period. Nothing in this section excludes or limits any liability that cannot lawfully be excluded, and where liability cannot be excluded but may be limited, WeatherWizz’s liability is limited to the minimum extent permitted by law.

Physical Device and Automation Risk

The Service processes and displays data transmitted from weather stations and devices owned, installed, configured and maintained by You or third parties acting on Your behalf. WeatherWizz does not manufacture, install, calibrate, inspect, maintain or monitor any weather station, sensor, hardware device or associated equipment, and does not verify the accuracy, reliability, positioning, configuration or operational status of any such device.

WeatherWizz provides data processing and display services only. WeatherWizz does not control, initiate, execute or monitor any physical device, automation, electrical system, heating system, fuel system, irrigation system, safety system or other hardware or infrastructure connected to or influenced by third-party platforms, including but not limited to Home Assistant or any other automation environment.

You acknowledge and agree that any automation, rule, script, command or configuration that relies on data obtained from the Service — including data originating from Your own weather station — is designed, implemented and operated solely by You at Your own risk. WeatherWizz has no involvement in and assumes no responsibility for the execution of any physical action triggered by third-party systems.

The Service is not designed, intended or certified to control or influence systems that may cause fire, flooding, explosion, equipment failure, personal injury, death, property damage or environmental harm. You are solely responsible for ensuring that any connected device or automation incorporates appropriate fail-safes, redundancies, manual overrides and safety mechanisms.

To the maximum extent permitted by law, WeatherWizz excludes all liability arising from or in connection with any physical damage, personal injury, death, property loss, business interruption or other harm resulting directly or indirectly from the use of the Service in connection with any automated or device-controlled environment.

Safety-Critical Use Restriction

The Service, including all data, readings, calculations, analytics, projections, alerts, visualisations, reports and other outputs generated or displayed by WeatherWizz, is provided for general informational and decision-support purposes only.

The Service is not designed, intended, certified or guaranteed for use in safety-critical, emergency, life-support, disaster response, aviation, navigation, regulatory compliance, critical infrastructure, or any other application where inaccurate, delayed or unavailable data could result in death, personal injury, property damage, environmental harm or significant financial loss.

You acknowledge and agree that You will not rely on the Service as the sole or primary basis for any safety-critical or emergency decision. You are solely responsible for obtaining independent verification from appropriate authoritative or professional sources before making any decision that may affect safety, health, property, infrastructure or regulatory compliance.

To the maximum extent permitted by law, WeatherWizz excludes all liability arising from or in connection with any use of the Service for safety-critical or emergency purposes.

Embedded Content and Third-Party Use

The Service may allow You to embed dashboards, data displays or other Interfaces on external websites or platforms not controlled by WeatherWizz. Any such embedded content remains part of the Service and is provided for general informational purposes only.

WeatherWizz does not control, monitor or assume responsibility for how embedded content is presented, interpreted or used by any third party who accesses such content through an external website or platform. The owner or operator of the external website is solely responsible for how the embedded content is implemented, described, contextualised or relied upon.

Any third party accessing embedded content does so at their own risk. WeatherWizz does not assume, and expressly disclaims, any duty of care to any person who is not a registered Account holder of the Service.

To the maximum extent permitted by law, WeatherWizz excludes all liability arising from or in connection with the use, misuse, interpretation or reliance upon embedded content by any third party.

Data Retention and Deletion

WeatherWizz retains User Data, including weather station data, dashboards, configurations and associated Content, for the lifetime of the Account, unless otherwise required by law. WeatherWizz does not guarantee the retention or availability of historical data beyond the storage limits, data retention limits or feature allowances applicable to Your selected Subscription plan.

Upon cancellation of an Account, all User Data associated with that Account will be permanently deleted from WeatherWizz systems within thirty (30) days from the date the Account was cancelled, except to the extent retention is required for legal, regulatory or legitimate business purposes.

Users may request deletion of their Account and associated User Data at any time by sending a written request to support@weatherwizz.com. Following verification of the request, WeatherWizz will process the deletion in accordance with this section.

You acknowledge that once deletion is completed, User Data cannot be recovered.

Derivative and Aggregated Data

As between You and WeatherWizz, You retain ownership of all raw data and Content that You upload, transmit or generate through Your use of the Service. For the avoidance of doubt, the Service, including its software, algorithms, calculations, processing logic, data structures, visualisations, dashboard layouts, report formats, templates, designs, compilation methods, and any processed or formatted presentation of data generated by the Service (excluding Your underlying raw data and Content), remain the exclusive property of WeatherWizz and its licensors. Nothing in these Terms transfers ownership of the Service or any of its underlying intellectual property to You.

WeatherWizz may collect, use, process, analyse and create aggregated, anonymised or de-identified data derived from User Data (“Derived Data”) for the purposes of operating, improving, developing, securing and promoting the Service, and for analytics, benchmarking, statistical analysis and product development.

Derived Data will not identify You, Your Account, or the precise location of Your weather station unless expressly authorised by You.

WeatherWizz owns all rights, title and interest in and to any Derived Data, subject to applicable law.

Notifications

WeatherWizz may notify You via email and/or other means of communication if Your weather station exceeds the maximum allowable data update rate. A series of emails may be sent to the email address registered with Your account to notify You when You have exceeded the maximum allowable data update rate. These emails may also advise You of corrective action that You may need to take to comply with the maximum allowable data update rate. It is Your responsibility to take the corrective actions advised in those emails to comply with the maximum allowable data update rate.

If Your account has been terminated, WeatherWizz may notify You of this via email and/or other means of communication. However, it is not guaranteed that You will be notified either by email or by other communication. If Your account has been terminated, it is Your responsibility to stop sending data to WeatherWizz.

You agree that WeatherWizz may notify You via email and/or other means of communication about new features and other information related to WeatherWizz and Your use of the Service.

Subscriptions

Subscription Period

The Service, or certain parts of the Service, are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the Subscription plan You select. At the end of each period, Your Subscription will automatically renew under the same terms unless You cancel it or WeatherWizz terminates it.

Billing

WeatherWizz uses Paddle as the merchant of record for Subscription fees and applicable taxes. Invoices, receipts, and payments will be issued under the name “Paddle.” You must provide accurate and complete billing information, including full name, address, state, zip code (postcode), telephone number, and valid payment method information.

If automatic billing fails, WeatherWizz or its billing service may request updated billing information and make further attempts to process payment. If payment is not received, Your operational data may be suspended, and You may be unable to add, change, or view data. Accounts with unpaid fees may be closed or deleted thirty (30) days after the original payment due date.

Fee Changes

WeatherWizz may modify Subscription fees at its sole discretion. Any fee change will take effect at the end of the current Subscription period, and WeatherWizz will provide reasonable notice prior to the change. Your continued use of the Service after a fee change constitutes Your agreement to pay the modified fee.

Subscription Cancellations

You may cancel Your Subscription at any time through Your Account settings or by contacting WeatherWizz. Fees already paid for the current period are non-refundable, and You will continue to have access to the Service until the end of the current Subscription period.

Refund Policy

If You cancel within fourteen (14) days of first signing up, You may be eligible for a refund. Refund eligibility, conditions, and timeframes are governed by Our Refund Policy. Please refer to the Refund Policy. Refund eligibility and conditions are also subject to the policies of Our merchant of record, Paddle, and applicable law.

Reactivation Fees

Accounts that have been deleted may be eligible for reactivation only if WeatherWizz still retains the Account and its associated data and the deletion was not permanent. Reactivation requests must be made within seven (7) days of deletion and are entirely at WeatherWizz’s sole discretion.

Free Trial

WeatherWizz may offer a Free Trial for a limited period at its sole discretion. You may be required to enter billing information to sign up for a Free Trial. If provided, You will not be charged until the Free Trial expires. Unless You cancel Your Subscription before the Free Trial ends, the applicable Subscription fees will be automatically charged. WeatherWizz reserves the right to modify or cancel Free Trial offers at any time without notice.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

WeatherWizz is not responsible for content posted by users of the Service. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine- or randomly-generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including WeatherWizz and its employees or representatives.
Violating the privacy of any third person.
False information and features.

WeatherWizz reserves the right, but not the obligation, in its sole discretion, to determine whether any Content is appropriate and complies with these Terms, and to refuse or remove such Content. WeatherWizz further reserves the right to make formatting edits and change the manner of display of any Content. WeatherWizz may also limit or revoke the use of the Service if You post such objectionable Content.

As WeatherWizz cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will WeatherWizz be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Additional Publishing Responsibility

If You make any Content publicly available through the Service, including through dashboards or publicly accessible pages, You acknowledge that such Content may be viewed, accessed, copied or indexed by third parties, including search engines. You are solely responsible for ensuring that any publicly available Content complies with all applicable laws and regulations in any relevant jurisdiction, including laws relating to defamation, misleading or deceptive conduct, privacy, intellectual property, advertising and regulatory disclosures.

If You upload or stream video, audio or live camera feeds through the Service, You represent and warrant that You have all necessary rights, consents and legal authority to capture and publish such recordings, and that such recordings comply with all applicable privacy, surveillance, data protection and recording laws in any relevant jurisdiction. You are solely responsible for ensuring that any camera placement, field of view and recording functionality complies with applicable laws and does not infringe the rights of any third party.

WeatherWizz reserves the right, in its sole discretion and without liability, to remove, restrict, disable or suspend access to any Content or dashboard that it reasonably considers to violate these Terms, applicable law, or to pose a risk to WeatherWizz or any third party.

Content Backups

Although regular backups of Content are performed, WeatherWizz does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

WeatherWizz will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, You acknowledge that WeatherWizz has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Third-Party Backup & Cloud Storage Integrations

Optional Third-Party Integrations

WeatherWizz may offer optional integrations with third-party cloud storage providers, including but not limited to Dropbox, Google Drive, Microsoft OneDrive, Amazon S3, or similar services ("Third-Party Storage Providers") for the purpose of exporting or backing up User Data.

User Authorisation

Where a User elects to connect a Third-Party Storage Provider, the User authorises WeatherWizz to access, transfer, and store User Data within the selected Third-Party Storage Provider in accordance with the permissions granted by the User. The User is solely responsible for maintaining valid credentials and appropriate access permissions for such services.

No Control Over Third-Party Services

WeatherWizz does not own, operate, or control any Third-Party Storage Provider. Use of such services is subject to the applicable third-party terms and privacy policies. WeatherWizz makes no warranties regarding the availability, reliability, security, or performance of any Third-Party Storage Provider.

Backup Responsibility

While WeatherWizz may facilitate data export or backup to Third-Party Storage Providers, the User remains solely responsible for verifying the successful completion, accuracy, and integrity of all backups. WeatherWizz does not guarantee that any data exported or stored via a Third-Party Storage Provider will be free from loss, corruption, or unauthorised access.

Data exported, synchronised, transmitted or automatically uploaded to any Third-Party Storage Provider may be delayed, incomplete, corrupted, reformatted, miscalculated or otherwise inaccurate due to processing logic, configuration settings, transmission errors or third-party platform behaviour. You are solely responsible for verifying the accuracy, completeness and integrity of any exported or synchronised data before relying on it for any purpose.

Limitation of Liability

To the maximum extent permitted by law, WeatherWizz is not liable for any loss, corruption, unauthorised disclosure, or deletion of data occurring within or caused by any Third-Party Storage Provider.

Modification or Discontinuation

WeatherWizz reserves the right to modify, suspend, or discontinue any Third-Party Storage integration at any time without liability.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property rights of any person.

If You are a copyright owner, or authorised on behalf of one, and You believe that a copyrighted work has been copied in a way that constitutes copyright infringement occurring through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at support@weatherwizz.com and include in Your notice a detailed description of the alleged infringement.

You may be held liable for damages (including costs and legal fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact Our copyright agent via email at support@weatherwizz.com. Upon receipt of a notification, WeatherWizz will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of WeatherWizz and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WeatherWizz.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide WeatherWizz. If for any reason such assignment is ineffective, You agree to grant WeatherWizz a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by WeatherWizz.

WeatherWizz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that WeatherWizz 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

WeatherWizz may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Suspension of Service

Without limiting any other rights under these Terms, WeatherWizz may suspend, restrict or disable access to all or part of the Service immediately and without liability if WeatherWizz reasonably believes that: You are using the Service in violation of these Terms; Your use of the Service poses a security risk, legal risk, regulatory risk or risk of harm to WeatherWizz, other users or any third party; Your weather station, integration or automation configuration is causing or may cause system instability, excessive load, or operational disruption; payment of applicable fees is overdue; or suspension is required to comply with applicable law or a request from a governmental authority.

Where reasonably practicable, WeatherWizz will use reasonable efforts to notify You of any suspension and the steps required to restore access. Suspension does not limit WeatherWizz’s right to terminate these Terms.

Limitation of Liability

To the maximum extent permitted by applicable law, and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, WeatherWizz’s total aggregate liability arising out of or in connection with the Service or these Terms is limited to the total amount paid by You to WeatherWizz for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred United States dollars (USD $100) if You have not paid any fees during that period.

To the maximum extent permitted by applicable law, in no event shall WeatherWizz or its Affiliates, licensors, suppliers or service providers be liable for any special, incidental, indirect or consequential damages whatsoever, including but not limited to loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data or other information, business interruption, loss of goodwill, service interruption, system failure, or damages arising out of or in connection with the use of or inability to use the Service, including any downtime, server outage, infrastructure failure, maintenance period, suspension, delay, degradation of performance, or unavailability of the Service, even if WeatherWizz or any such party has been advised of the possibility of such damages and whether or not any remedy fails of its essential purpose.

Except where a specific module, feature or section of these Terms provides a different liability cap or expressly excludes liability for particular types of loss or damage, this Limitation of Liability section applies to all claims arising under or in connection with the Service.

Where any section of these Terms excludes liability for particular types of loss or damage, such exclusion applies to the maximum extent permitted by law. Where liability cannot lawfully be excluded but may be limited, the liability cap set out in this section applies to the fullest extent permitted by law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case the above limitations shall apply to the greatest extent permitted by applicable law.

No Duty of Care; No Reliance

The Service is provided for general informational purposes only. WeatherWizz does not assume, and expressly disclaims to the maximum extent permitted by law, any duty of care to You or to any third party in relation to the accuracy, completeness, timeliness or suitability of any data, calculation, output or information provided through the Service.

You acknowledge and agree that no data or output provided by the Service is intended to be relied upon as the sole basis for any decision affecting property, safety, equipment operation, financial outcomes or regulatory compliance, and that You assume all risks associated with reliance on the Service.

Australian Consumer Law Notice

If You are a consumer within the meaning of the Australian Consumer Law (ACL), certain guarantees and rights may apply that cannot be excluded, restricted or modified by these Terms.

To the extent permitted by law, where the Service is supplied to a consumer and WeatherWizz is permitted to limit its liability for a failure to comply with a consumer guarantee, WeatherWizz’s liability is limited, at WeatherWizz’s option, to:

(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, WeatherWizz, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, WeatherWizz makes no representation or warranty that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, be continuously available, meet performance or reliability standards, be error-free, or that any errors or defects can or will be corrected. WeatherWizz further makes no representation or warranty as to the accuracy, reliability, completeness or currency of any information or content provided through the Service, or that the Service, its servers or communications will be secure, uninterrupted or free of viruses or other harmful components.

Where exclusions of certain warranties or limitations of liability are not permitted under applicable law, such exclusions and limitations shall apply to the greatest extent enforceable.

Service Availability; No Service Level Agreement

The Service may be subject to limitations, delays, maintenance periods, scheduled or unscheduled downtime, and other problems inherent in the use of internet-based services and cloud infrastructure. WeatherWizz does not guarantee that the Service will be uninterrupted, continuously available, secure, timely or error-free.

From time to time, the Service may be suspended or restricted for maintenance, upgrades, repairs, security measures, capacity management, or other operational reasons, with or without notice. WeatherWizz may also modify, replace, suspend or discontinue any part of the Service at any time.

Unless expressly agreed in a separate written service level agreement signed by WeatherWizz, WeatherWizz does not provide any guaranteed uptime commitment, minimum availability level, response time commitment, or service credit arrangement. No oral or written information or advice given by WeatherWizz creates any service level obligation.

You acknowledge that the Service relies on third-party hosting providers, telecommunications services, power supply, internet infrastructure and other external systems beyond WeatherWizz’s reasonable control, and that WeatherWizz is not responsible for any delay, failure or unavailability resulting from such dependencies.

Force Majeure

WeatherWizz is not liable for any delay, failure or interruption in performance of the Service or any obligation under these Terms where such delay or failure results from events beyond WeatherWizz’s reasonable control, including but not limited to acts of God, natural disasters, severe weather events, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, labour disputes, power outages, internet or telecommunications failures, cloud hosting or infrastructure provider failures, cyberattacks, governmental actions, regulatory changes, or failure of third-party systems or services.

Performance of the affected obligations is deemed suspended for the duration of the force majeure event.

Governing Law and Dispute Resolution

These Terms and any dispute, claim or controversy arising out of or in connection with the Service or these Terms, including any question regarding their existence, validity or termination and including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles.

If You have any concern or dispute about the Service, You agree to first attempt to resolve the dispute informally by contacting WeatherWizz and engaging in good faith discussions for a period of at least thirty (30) days before commencing legal proceedings.

Subject to the above informal resolution requirement, You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and the courts of the Commonwealth of Australia sitting in that State, and waive any objection to proceedings in such courts on the grounds of venue, inconvenient forum or otherwise.

To the maximum extent permitted by law, You agree that any claim arising out of or relating to the Service must be brought in Your individual capacity and not as a plaintiff or class member in any purported class, representative or collective proceeding.

Nothing in this section limits any rights You may have under mandatory consumer protection laws in Your country of residence that cannot lawfully be excluded.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We may modify or update these Terms from time to time in Our sole discretion. If we make changes that materially affect Your rights or obligations, we will provide reasonable notice, which may be given by email, through the Service, or by updating the “Last updated” date at the top of these Terms.

Changes will become effective on the date specified in the notice or, if no date is specified, upon publication of the updated Terms. Changes required for legal, regulatory, security or operational reasons may take effect immediately.

You are responsible for reviewing any updated Terms. By continuing to access or use the Service after the updated Terms become effective, You agree to be bound by the revised Terms. If You do not agree to the changes, You must stop using the Service and may cancel Your Account.

Nothing in this section limits any rights You may have under applicable consumer protection laws that cannot be excluded.

If you have any questions about these Terms and Conditions, You can contact Us by email: support@weatherwizz.com