Terms of Service
The following Terms of Service apply when you use the Dark Sky API (the “Service”) provided by The Dark Sky Company, LLC and any of our affiliates (collectively, “Dark Sky”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Service.
Dark Sky may terminate your use of the Service and/or take appropriate legal actions if you violate these Terms of Service.
You may make 1,000 API requests to the Service per day free of charge. API calls past 1,000 per day will be billed at a rate of $0.0001 (USD) per individual API request (or $1 per 10,000 requests). Billing of any outstanding balance is run on the first business day of each month. You agree to pay Dark Sky the invoiced amount within 15 days of invoice.
You agree that any application or service which incorporates data obtained from the Service shall prominently display the message “Powered by Dark Sky” in a legible manner near the data or any information derived from any data from the Service. This message must, if possible, open a link to
https://darksky.net/poweredby/ when clicked or touched. You may not display or invoke the Service or Dark Sky name or logo in any manner that implies a relationship or affiliation with, sponsorship, promotion, or endorsement by Dark Sky, except as authorized by these Terms of Service.
You may use either of the following images to display the “Powered by Dark Sky” message if you choose:
If your application for access to the Service is approved, Dark Sky will provide you with an API Key which will enable you to access the Service. Your API Key is to be kept confidential and is not to be published or otherwise made accessible to the general public. If you become aware of any unauthorized use of your API Key, you agree to reset its API Key immediately. Dark Sky may unilaterally reset your API Key if it notices unauthorized use.
Use of Service
Subject to these Terms of Service, Dark Sky grants you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee’s personal or commercial use to:
- make calls to the Service to retrieve data from the Service; and
- use, convey, and display the data retrieved from the Service in a manner consistent with the terms of these Terms of Service.
Your permission to use the Service is condition upon your agreement that you will not:
- use the Service in a manner that is inconsistent with applicable law;
- create multiple accounts or utilize any script or other automated tool that attempts to create multiple accounts;
- direct your end-users to sign up for their own API account (The Dark Sky API not intended to be used directly by end-users);
- provide inaccurate identification, contact, and other information required as part of the registration process;
- sell, lease, or sublicense the Service or access thereto;
- access, tamper, or use any non-public areas of our Service without authorization; and
- interfere or attempt to interfere with the proper functioning of the Service.
Dark Sky may discontinue, suspend, terminate or block access to this Service at any time in its sole discretion. Dark Sky has no obligation to compensate you for any discontinuation, suspension, termination or blockage of access to this Service.
Dark Sky retains all right, title and interest in and to the Service, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights unless explicitly stated otherwise. Except as otherwise provided in these Terms of Service, you may not, and may not permit others to:
- reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Service;
- sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit the Service; or
- circumvent or disable any security or technological features of the Service.
If you seek to file a legal claim against us, you agree to file and resolve it exclusively in the state of federal court located in The Commonwealth of Massachusetts. You also agree that the laws of the State of Delaware and, to the extent applicable, the laws of the United States of America will govern these Terms of Service, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in The Commonwealth of Massachusetts, in any legal action or proceeding relating to us or these Terms of Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE.
Limitation of Liability
THE SERVICE AND THE DATA PROVIDED BY THE SERVICE IS NOT INTENDED TO BE USED IN ANY APPLICATION WHERE HUMAN LIFE OR PROPERTY MAY BE AT STAKE, YOU WAIVE ANY CLAIMS FOR LIABILITY OR INJURY FOR SUCH USE. DARK SKY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You shall indemnify and hold harmless Dark Sky from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorney’s fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilization of the Service, whether or not arising in tort or occasioned by the negligence of Dark Sky, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of Dark Sky. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of these Terms of Service.
Either party may terminate these Terms of Service at any time for any reason.
Upon the termination of these Terms of Service, you:
- acknowledge and agrees that all licenses and rights to use the Service and data obtained from the Service shall terminate,
- will cease any and all use of the Service, and
- will remove any data obtained from the Service from all hard drives, networks and other storage media and destroy all copies of any data obtained from the Service in your possession or under your control.
You further agree to pay all outstanding fees incurred prior to the termination of these Terms of Service.
The sections titled Payments, Dispute Jurisdiction, Disclaimers, Limitation of Liability, Indemnification, and General Provisions shall survive the termination of these Terms of Service.
These Terms of Service are effective September 13, 2016.
These Terms of Service may be updated from time to time for any reason. We will notify you of any changes to our Terms of Service by posting the new Terms of Service here. You are advised to consult this Terms of Service regularly for any changes, as continued use is deemed approval of all changes.
If you have any questions concerning these Terms of Service, you may contact us at email@example.com.