The OnPoint Application Programming Interface (the “OPAPI”) is owned and operated by Weather Source, LLC. (“WS”). If you use the OPAPI, you will be able to access and use data from the https://api.weathersource.com web domain. Listed below are the terms and conditions of use (the “Terms”) for this OPAPI. By using, accessing and/or viewing information on the OPAPI, you agree to be bound by these Terms. If you violate these Terms, WS has the right to take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the OPAPI website.
ACCEPTANCE OF TERMS
In order to use the OPAPI you must agree to these Terms. You agree that you have read and agree to these Terms by checking the terms of service checkbox located on the account registration and edit account forms.
You represent that you have the full power, capacity and authority to accept these Terms. If you are accepting on behalf of a business entity, you represent that you have the full legal authority to bind the business entity to these Terms.
The OPAPI is allowed for personal or commercial use only when used with a valid subscription plan. In all cases, the intended and permitted use of the OPAPI is to access WS data on an as needed basis.
No-charge subscription plans, are authorized to access and use the OPAPI for short-term evaluation purposes within development code environments. Use of no-charge subscription plans are not authorized for any other purpose, including but not limited to, use within production code environments and use in a fashion that supports a commercial product. Development code environments are environments where application code is exclusively accessible by the software development team and application code is only executed for the purpose of debugging and testing. Production code environments are any other environment, including but not limited to, public and private beta tests, deployed applications and commercial products and services.
All premium subscription plans are authorized for use in production code environments.
When accessed by way of a premium subscription plans, OPAPI response data may be:
- digitally cached and/or databased for periods less than 24-hours;
- digitally cached and/or databased for exclusive internal use for periods greater than 24-hours;
- displayed and used on web pages and in software applications, provided that the OPAPI response data is limited to 250 data elements or less per display;
- published as supportive data in books, ebooks, online and offline articles, and educational publications;
- used for derivative works.
Upon changing of subscription plan to a plan with a lower monthly price or termination of service, all non-derivative and/or unpublished OPAPI data must be permanently deleted, including but not limited to cached and/or databased OPAPI response data.
Display or republication of unmodified OPAPI data must be accompanied by the following credit text:
Features OnPoint API data.
Derivative works must include the following credit text:
Derived from OnPoint API data.
In contexts where HTML hyperlinking is possible, the “OnPoint API” in the credit text must be linked to https://developer.weathersource.com.
An unmodified Weather Source logo may also be included with the credit text.
Subject to these Terms, WS gives you a personal, worldwide, non-assignable and non-exclusive license to the OPAPI.
You may not:
- digitally cache and/or database the OPAPI response data for non-internal display or redistribution for periods greater than 24-hours – such data must be deleted within 24-hours of creation;
- display or redistribute more than 250 data elements of the OPAPI response data in any single webpage view or application state;
- display the OPAPI in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by WS or that can be reasonably interpret to suggest content represents the views or opinions of WS;
- use the OPAPI to disparage WS or its products;
- use the OPAPI on your website if the website promotes illegal activity, contains pornography, gambling, or the sale of tobacco or alcohol to individuals under the age of legal consumption;
- reverse engineer, decompile or otherwise attempt to extract the source code of the OPAPI or any part thereof, unless this is expressly permitted or required by applicable law;
- maintain more than one active subscription plan;
- use the OPAPI for bulk downloading and databasing of WS data where the intent is copy and retain WS data beyond the allowed 24 hour digital caching;
- redistribute OPAPI response data as part of a secondary API.
CHANGING SUBSCRIPTION PLANS
Subscription fees are paid monthly.
You may cancel your subscription at any time. When you cancel your subscription, you will not be reimbursed for any unused days remaining in the current monthly period.
You may upgrade your subscription at any time. When you upgrade your subscription, you will immediately begin a new 1-month period, and you will be charged for the new subscription price (discounted by the pro-rated balance paid under the previous plan).
You may downgrade your subscription at any time. When you downgrade your subscription, you will not begin a new 1-month period. If your previous subscription rate was higher than the new rate, you will not be reimbursed a portion of the current month’s charges. The new lower subscription rate will be applied for the next billing cycle.
If you cancel or downgrade your subscription plan, any OPAPI response data that you have cached or databased under said plan must be permanently deleted.
RATE LIMITS AND MONITORING
Each subscription plan defines a minute limit and daily rate limit to the number of requests that can be made to the OPAPI. WS will monitor your daily usage of the OPAPI to determine if you have exceeded the threshold by using an application programming interface key (the “Key”).
DEFINITION OF A DAY AND MINUTE FOR RATE LIMITS
A day will be defined by the 24 hour period from Midnight to Midnight in UTC time. A minute will be defined by a 60-second period of time on the WS servers’ internal clock.
You do not acquire or have any ownership, license or other proprietary interest in the OPAPI. You understand that the OPAPI is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
LIMITATION OF LIABILITY
WS assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of anything contained in the OPAPI. THE SERVICES OF THE OPAPI ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither WS nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the OPAPI or any viewing or use of any information on the OPAPI or any contractual or other dealings or relationships you may have with third parties based upon any information included in the OPAPI. You acknowledge that the limitations in this Section are reasonable and appropriate. WS DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE OPAPI, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE OPAPI IS AT YOUR OWN DISCRETION AND RISK.
UNAUTHORIZED USE/NO INTERFERENCE
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the OPAPI or use and/or monitor any information in or related to the OPAPI for any unauthorized purpose.
By using the OPAPI in applications or programs you create, you agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm (including but not limited to harm caused by spyware, malware, worms, Trojan horses and viruses) resulting from such application or program.
You agree to indemnify and to hold WS, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the OPAPI, including, without limitation, any violations by you of these Terms.
Without limiting its other remedies, WS may immediately discontinue, suspend, terminate or block your and any user’s use of the OPAPI at any time in its sole discretion. You may terminate this agreement by ceasing to use the OPAPI or any product incorporating it.
While WS has designed the OPAPI so it can be versioned with continued backwards compatibility for existing users, and while WS intends to develop the OPAPI with continued backwards compatibility for existing users, WS retains the right, in its sole discretion, to modify the OPAPI at any time and without notice, even if this introduces incompatibilities for existing users.
When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply.
ACCURACY OF INFORMATION
ALL INFORMATION IN THE OPAPI IS PROVIDED TO YOU ON AN “AS-IS” BASIS. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS AND OTHER INFORMATION REGARDING WEATHER AND CLIMATIC CONDITIONS ARE UNCERTAIN. WS DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE OPAPI, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
WS will use commercially reasonable efforts to publish and transmit the OPAPI on a continuous and timely basis. WS is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any OPAPI; or for the failure to transmit any OPAPI resulting from any natural disasters, wars, labor strike or other events beyond the control of WS. YOU ACKNOWLEDGE THAT, IN CIRCUMSTANCES INVOLVING NATURAL DISASTERS, FEDERAL, STATE AND MUNICIPAL GOVERNMENTAL AGENCIES WILL ISSUE OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND SIMILAR COMMUNICATIONS.
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, including the Massachusetts Uniform Commercial Code.
Except where otherwise stated in these Terms, all terms employed in these Terms will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Massachusetts on the date of publication of these Terms.
If any clause of these Terms is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from these Terms and the balance of these Terms will remain in full force and effect.
In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts.
These Terms will insure to the benefit of and be binding upon WS and the OPAPI subscriber.
These Terms constitute the entire agreement between the parties and there are no further items or provisions, either oral or otherwise, unless such items or provisions are in written form and explicitly define themselves as a modification to this agreement. The OPAPI subscriber acknowledges that it has not relied upon any representations of WS as to prospective performance of the OPAPI, but has relied upon its own inspection and investigation of the subject matter.