TERMS OF USE & SUBSCRIPTION TERMS

Your use of and access to our services, software, website(s) (located at www.snow-forecast.com), and/or mobile applications ("Services") are governed by these terms of use ("Terms of Use") and, where you have a paid subscription, the subscription terms ("Subscription Terms").

The Services may be provided to you online, in the form of a mobile, desktop application(s) and may be integrated in a third-party service.

This page (together with the documents referred to on it) tells you the terms on which you may make use of our Services or Content (as defined below) whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Services. By using our Services, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Services or downloading our mobile applications ("app(s)").

This document consists of two sections - (A) our Terms of Use, which apply to all users who access our website, download and use our app or access the Services by other permitted means, whether via a free or paid account; and (B) our Subscription Terms, which apply to users that subscribe for a paid account.

By accessing our website, downloading an app and/or accessing the Services, you are agreeing to the Terms of Use, which are legally binding. Please read these Terms of Use, together with our Privacy Policy, before downloading an app, registering an account, and/or accessing the Services.

INFORMATION ABOUT US

The Services are operated by Meteo365 Ltd ("we, us or our"). We are a limited company, registered in England and Wales under company number 04033810 and have our registered office at Unit 1 Link Trade Estate, Penarth Road, Cardiff, CF11 8TQ. Our main trading address is Unit 1 Link Trade Estate, Penarth Road, Cardiff CF11 8TQ. Our VAT number is GB 841188329.

TERMS OF USE - THIS SECTION APPLIES TO ALL USERS

1. ACCESSING OUR SERVICES

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website or app without notice (see below). We will not be liable if for any reason our Services are unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Services, or our entire Services, to users who have registered with us and/or have a paid subscription.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

When using our Services, you must comply with the provisions of our acceptable use policy.

You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use, and that they comply with them.

2. MOBILE APPLICATION LICENCE

2.1 Licence scope

Subject to you accepting and continuing to comply with these Terms of Use, we grant you the limited, personal, revocable, non-exclusive, non-sublicenseable, non-transferable right to access and use the Service via the app(s) in accordance with these Terms of Use and, where applicable, the Subscription Terms.

The licence:

• starts when you download the app; and
• covers content, materials, or services accessible from, or bought in, the app including our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

The licence granted is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use (unless you have purchased a relevant licence from us for business/professional use).

The agreement for use of the app(s) and Services is made between you and us. App store providers such as Apple and Google are not a party to this agreement and have no responsibility for the app or its content.

In these Terms of Use, we refer to the site that you download the app from as the 'app store' and we refer to their rules and policies as the 'app store rules'. You must comply with the app store rules as well as these Terms of Use but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here. If you have downloaded the app through Apple's app store, you may be referred to as an 'iOS User' and related references to the 'app store' and 'app store rules' means those provided by Apple, including the Apple Media Services Terms and Conditions.

You do not own the app, Services or any of its or their contents but you may access and use the Services on devices that you own or control (and in the case of iOS Users, on Apple-branded products only), as permitted by the app store rules.

If you sell or give away the device on which you have downloaded our app, you must first remove the app from the device.

You are not allowed to:

• hack the app (which might include accessing its code, inserting new code, or modifying the way it functions in any way); or
• pretend that the app is your own or make it available for others to download or use.

2.2 Technical requirements

In order to use our app, your device needs to comply with the following minimum requirements:

These minimum requirements may change from time to time. The most recent requirements will always be shown in the app store listing. Minimum hardware and internet browser requirements may apply to your access to our Service by means other than our app.

2.3 Support and contact

If you need to get in touch with us, you can use any of the following methods:

• Website: www.snow-forecast.com/pages/faq
• Email: [email protected]

We are responsible for customer service in relation to the app and Services and can help you if you are having any issues. iOS Users acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the app. If we need to get in touch with you, we will do so by email or via an in-app notification.

3. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, and in the text, images, video, audio or other multimedia content, software or other information or material submitted to or on the website or mobile application ("Content"). This includes Content published on the Services. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to the Content posted on our Services.

You must not modify the paper or digital copies of any of the Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of the Content on our Services must always be acknowledged.

You must not use any part of our Content for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Services or Content in breach of these Terms of Use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the Services or Content you have made.

Trade marks and trade names may be used on the Services. Your use of any trade marks on the Services is strictly prohibited unless you have our prior written permission.

4. RELIANCE ON INFORMATION POSTED

The Content posted on our Services are not intended to amount to advice on which reliance should be placed. Any reliance that you may place on the information on the Services is at your own risk. We therefore disclaim all liability and responsibility arising from any reliance placed on such Content by any visitor to our Services, or by anyone who may be informed of any of its contents. Your use of the Content is entirely at your own risk.

In particular, our Services gather data from a variety of third-party sources in order to provide weather and condition forecasting. However, we are not able to verify the completeness and accuracy of the data provided and there is an inherent uncertainty involved in forecasting. Accordingly, any element of the Content that involves a forecast or prediction should not be relied upon as though it is a statement of fact, and we will not accept any liability if such forecast or prediction is incorrect.

5. OUR SERVICES CHANGE REGULARLY

We aim to update our Services regularly and may change the Content at any time. If the need arises, we may suspend access to our Services or close them indefinitely. Any of the Content on our Services may be out of date at any given time, and we are under no obligation to update such Content.

6. OUR LIABILITY

The Content displayed on our Services is provided without any guarantees, conditions or warranties as to its accuracy or fitness for any particular purpose or intended use. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Services or in connection with the use, inability to use, or results of the use of our Services, any websites linked to it and any Content posted on it, including: ul li loss of income or revenue; li loss of business; li loss of profits or contracts; li loss of anticipated savings; li loss of data; li loss of goodwill; li wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SERVICES

We process information about you in accordance with our Privacy Policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. Our Privacy Policy is available at www.snow-forecast.com/pages/privacy.

8. TRANSACTIONS CONCLUDED THROUGH OUR SERVICES

If you enter into a paid subscription to our Services, whether via the website, app or otherwise, the Subscription Terms shall apply. Contracts for the supply of other goods, services or information formed through our Services or as a result of visits made by you may be governed by separate terms and conditions of supply, which shall be presented to you at the point of purchase.

9. UPLOADING MATERIAL TO OUR SERVICES

Whenever you make use of a feature that allows you to upload content and material to our Services (such as photographs, videos, and other submissions) ("Submissions"), or to make contact with other users of our Services, you must comply with the following content standards, together with any separate standards specified on our website or app(s):

• the Submission must be your own original work and lawfully submitted;
• the Submission must be factually accurate or your own genuinely held belief and not AI generated or manipulated in any way;
• the Submission must not be defamatory or likely to give rise to an allegation of defamation;
• the Submission must not be offensive, obscene, sexually explicit, discriminatory or deceptive; and
• the Submission must not be likely to cause offence, embarrassment or annoyance to others.

In relation to the submission of photographs, you also agree to the upload terms at www.snow-forecast.com/pages/terms_photo.

Any material you upload to our Services will be considered non-confidential and non-proprietary, and we have the non-exclusive, unlimited right to use, copy, distribute and disclose to third parties any such material for any purpose in connection with our Services. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Services.

We have the right to remove any Submission you make on our Services if, in our opinion, the Submission does not comply with the above requirements.

10. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the servers on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities, including by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.

11. LINKING TO OUR SERVICES

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Services must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use.

If you wish to make any use of material or Content on our Services other than that set out above, please address your request to [email protected].

12. LINKS FROM OUR SERVICES

Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no legal responsibility for any content, material or information contained in them or for any loss or damage that may arise from your use of them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

13. JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

14. VARIATIONS

We may revise these Terms of Use at any time by amending this page. The amended Terms of Use will become effective upon them being posted on the Services. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. By continuing your use of the Services, you accept the amended Terms of Use. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Services.

15. THIRD PARTIES

If you are an iOS User, Apple and Apple's subsidiary companies are third party beneficiaries of these Terms of Use. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement. Other than Apple and Apple's subsidiaries, no one other than us or you have any right to enforce any term of these Terms of Use.

16. YOUR CONCERNS

If you have any concerns about material that appears on our Services, please contact [email protected].

SUBSCRIPTION TERMS - THIS SECTION APPLIES TO USERS WHO ENTER INTO A PAID SUBSCRIPTION

1. DEFINITIONS

We use several defined terms throughout these Subscription Terms, which are indicated by the use of capitalised letters. These defined terms shall have the following meanings, unless the context requires otherwise:

Initial Subscription Period means the initial period for which a Subscription is purchased, which shall be either one (1) month or one (1) year, as selected by you when you enter into a Subscription.

Renewal Period means each Subscription renewal period which, unless otherwise specified within the Service, will be the same duration as the Initial Subscription Period.

Subscription means a paid subscription to the Service, enabling you to access additional features and functionality. Further details regarding the available Subscriptions are shown within our app and on our website.

Subscription Price means the price payable by you to us for a Subscription, as shown when purchasing the Subscription and as amended by us from time to time. The Subscription Price may vary depending on the type of Subscription and the country where you are located.

Subscription Period means the period for which a Subscription continues, comprising the Initial Subscription Period and any Renewal Period.

2. SUBSCRIPTIONS

2.1. Our Services may enable you to purchase a Subscription. The details of the Subscription, including the Subscription Price, Initial Subscription Period, and any other applicable terms, will be displayed during the sign-up process. You are responsible for ensuring that the Subscription is right for you prior to purchasing the Subscription.

2.2. You agree that all information provided by you when purchasing a Subscription, including your name, address, and payment details, are complete and accurate. You also agree to immediately notify us of any changes to such information.

2.3. Each Subscription is subject to these Subscription Terms and the Terms of Use. By purchasing a Subscription, you acknowledge and agree that you have read and accept these Subscription Terms and the Terms of Use.

2.4. If you are a consumer, you agree that we begin providing the Subscription Services to you immediately and, accordingly, the right to cancel provided by statutory law does not apply to these Subscription Terms.

3. SUBSCRIPTION PERIOD

3.1. You agree that the Subscription will continue for at least the Initial Subscription Period. You have the right to cancel a Subscription, or close your account for the Services, during the Initial Subscription Period but accept that such cancellation or closure shall only take effect on expiry of the Initial Subscription Period and no refund or credit shall be payable to you in relation to any unused portion of the Subscription.

3.2. At the end of the Initial Subscription Period, the Subscription shall automatically renew for successive Renewal Periods, unless and until cancelled by you via the Services or via the app store through which you have purchased a Subscription. You agree that, if you do not cancel a Subscription prior to the next applicable renewal date, the Subscription will automatically renew and you will be bound to Subscription Terms and to pay the Subscription Price for the next Renewal Period.

4. SUBSCRIPTION PRICE

4.1. You agree to pay the Subscription Price when purchasing the Subscription and at the beginning of each Renewal Period thereafter. The Subscription Price is payable via Apple Pay or Google Pay if making a purchase via the app, or by debit or credit card, with recurring payments debited from your nominated payment method automatically. In addition to Apple and Google, your payment may be processed via Stripe, Worldpay and/or Paypal. In each case, the third party payment processor manages your card payments and we will not have access to your payment information. Please see the relevant payment processor's privacy policy for details about how they hold and manage your payment information.

4.2. We reserve the right to vary the Subscription Price from time to time. Any variation will only apply at the next applicable Renewal Period and we will provide details of the variation to you prior to the renewal date.

4.3. If any payment of the Subscription Price fails or is cancelled, we will notify you and give you the opportunity to provide an alternative payment method. If you fail to do so promptly, we reserve the right to suspend or terminate your Subscription, without affecting any other rights or remedies we may have.

4.4. If your payment card is denominated in a currency other than the one in which the Subscription Price is payable, you acknowledge and agree that you may be charged additional administration and/or conversion fees by your bank or card provider. We have no control over these and you are fully responsible for them.

5. EFFECT OF CANCELLATION / TERMINATION

5.1. Where a Subscription is cancelled by you, you will continue to have access to the Subscription for the remainder of the applicable Subscription Term, on expiry of which your access will cease and you agree that any rights and licences associated with the Subscription will automatically expire. Unless you have closed your account, you will continue to have access to our free Services, subject to the Terms of Use.

5.2. Where we cancel or terminate a Subscription for your non-payment or other default (including a breach of these Subscription Terms), your access to the Subscription will cease immediately and you agree that any rights and licences associated with the Subscription will automatically expire. Unless we have fully terminated your account, you will continue to have access to our free Services, subject to the Terms of Use.

6. BUSINESS LIABILITY

6.1. If you are purchasing a Subscription available for professional and commercial use, you agree:

• 6.1.1. that you are acting as a business and not as a consumer, and accordingly consumer protection laws do not apply to you;
• 6.1.2. that you have authority to bind the entity on behalf of which you are entering into the Subscription;
• 6.1.3. that you are fully responsible for your own acts and omissions via the Service and those of any other users accessing the Service through the Subscription; and
• 6.1.4. that you are responsible for your dealings with other users, including any terms on which you provide services to them, and we have no responsibility or liability in connection with the same.

6.2. We agree that the general exclusion of direct business losses in paragraph 6 of our Terms of Use will not apply to a Subscription for professional and commercial use. However, we exclude any liability for loss of profit, loss of business, business interruption, or loss of business opportunity (whether direct or indirect and whether or not foreseeable). All other exclusions and limitations of liability shall apply and you agree that these are reasonable.