Terms Of Services
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You”) AND PLANETWRX LLC, a Delaware Company and the Creator of WeatherWRX™️ Add-on Software Application For Google Workspace™️ used for Weather Forecasting Services. (hereinafter “WRX”) GOVERNING YOUR USE OF WeatherWRX™️.
1. Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specified to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
2. Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by using the Services.
3. Description of Service
WRX provides WeatherWRX™️ (a weather forecasting service that provides weather forecasts to Google Workspace). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent.
4. Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that WRX. will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
5. Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
6. User Sign up Obligations
You need to sign up for a user account by signing up through the Google authentication system.
If you are the administrator of your Google Workspace domain and install our Services, you acknowledge that you accept the current terms on behalf of the users of your organization. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if WRX has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, WRX may terminate your user account and refuse current or future use of any or all of the Services.
7. Personal Information and Privacy
Personal information you provide to WRX through the Service is governed by WRX Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the WRX Privacy Policy. The WRX privacy policy can be found here: www.WeatherWRX.com/privacy
You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by contacting us through our support page.
We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
8. Communications from WRX
The Service may include certain communications from WRX, such as weather forecast reports, service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
9. Fees, Plans and Payments
9.1. Plans and Renewals
Subscriptions to paid Services are available on yearly, monthly and enterprise subscription plans. The subscription fee will be charged through credit card or other agreed to means of payment at the beginning of your subscription term.
Certain plans may include a minimum number of licenses. By subscribing to these plans, you agree to buy this minimal number of licenses..
Renewals are automatically ordered for the same number of licenses that were ordered in the previous plan and delivered two months before expiry date (for annual plans) and one week before expiry date (for monthly plans) and charged from the payment method used for the first order.
9.2. Subscription Termination
If you do not wish to renew the subscription, you agree to terminate it before the renewal date by going to “Your Profile” in the WRX software, clicking on “Manage my plan” and then canceling.
Uninstalling the applications from the Google Workspace dashboard or removing your payment method will not suffice to cancel your subscription. You will always need to cancel your subscription from your dashboard to avoid renewal charges.
In the event that you terminate the subscription, you will not be refunded for the subscription fee for the unused portion of the subscription prepaid period.
WRX reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.
After the expiry of your subscription, the service will stop working. The data will still be kept in our database for a reasonable period of time to facilitate reactivation of the service. According to our deletion policy, you can request an immediate deletion of your data at any time before this period.
9.3. Trial Period or Free Plan
The free plan allows you to use the service. You will not be charged for using the service during the trial period.
The free plan will require periodic re-subscription, you will be notified when this is necessary. If you do not participate in the re-subscription your account information will be deleted within 60 days. According to our deletion policy, you can request an immediate deletion of your data at any time before this period by accessing the WRX Support page at www.weatherwrx.com/support.
9.4. Additional orders
To change your subscription plan tier, it is required to manually change your plan under “Your Profile” in the WRX software. For special orders or multi-user enterprise orders, you can contact us directly through the Support page to receive a quote at www.weatherwrx.com/support.
10. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
11. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
12. Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such user accounts will be deleted. We will provide you prior notice of such termination. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
13. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant WRX the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for WRX’s commercial, marketing or any similar purpose. However, you grant WRX permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
For additional information about the WRX Privacy Policy please refer to:
www.weatherwrx.com/privacy
14. User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that WRX will have the right to block access to or remove such content made available by you, if WRX receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by WRX for this purpose. If you wish to protest any blocking or removal of content by WRX, you may contact WRX at: www.weatherwrx.com/support.
15. Sample files and Applications
WRX may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications may include incomplete, or partially tested samples. WRX makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
16. Trademark
The WeatherWRX™️ logo, the names of individual Services and their logos are trademarks of PlanetWRX LLC, A Delaware Corporation. You agree not to display or use, in any manner, the PlanetWRX LLC or WeatherWRX™️ logos without prior permission.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WRX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WRX MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM WRX, ITS EMPLOYEES, REPRESENTATIVES OR AI SMART AGENTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU UNDERSTAND THAT WRX USES ARTIFICIAL INTELLIGENCE AND WEATHER FORECAST DATA IN THE SERVICE IT IS PROVIDING TO YOU, THESE TECHNOLOGIES AND OTHER TECHNOLOGIES USED IN WRX ARE SUBJECT TO INTRINSIC UNCERTAINTIES, INCLUDING BUT NOT LIMITED TO AI HALLUCINATIONS AND WEATHER FORECASTING UNCERTAINTIES AND MISTAKES AND YOU AGREE TO HOLD WRX HARMLESS FOR ANY AND ALL LIABILITY CAUSED BY THESE AND OTHER INHERENT RISKS OF WEATHER FORECASTING OR MISFORECASTING AND THE SERVICE PROVIDED BY WRX. YOU UNDERSTAND THAT WEATHER CONDITIONS CAN BE EXTREME AND POSE THREATS TO LIFE, LIMB AND PROPERTY AND THAT WRX WILL NOT PROTECT YOU OR PREVENT YOU FROM BEING ADVERSELY IMPACTED FROM EXTREME OR OTHER WEATHER CONDITIONS.
18. Limitation of Liability
YOU AGREE THAT WRX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WRX RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL WRX’’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
19. Indemnification
You agree to indemnify and hold harmless WRX, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by WRX.
20. Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules in the State of Delaware, US or other US Location selected exclusively by WRX. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable.
21. Suspension and Termination
We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to www.weatherwrx.com/support within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account and deletion of all data in your user account.
22. END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at www.weatherwrx.com/support