Terms and Conditions

The following Terms of Use apply when you view or use the DarkSky.net, DarkSkyApp.com, and Forecast.io websites as well as the Dark Sky iOS application and the Dark Sky Android application (the “Service”) provided by The Dark Sky Company, LLC and any of our affiliates (collective, “Dark Sky”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, 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 Use.

Privacy Policy

Dark Sky respects the privacy of its users. Please refer to our Privacy Policy (http://darksky.net/privacy/) which explains how we collect, use, and disclose information that pertains to your privacy.

Use Restrictions

Dark Sky grants you a limited, non-exclusive, non-transferable license to access, use, and privately display the Service and the features, information, pictures and other data contained therein only for personal, non-commercial purposes.

Your permission to use the Service is condition upon your agreement that you will not:

Intellectual Property

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 this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Service; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit the Service; or (iii) circumvent or disable any security or technological features of the Service.

Payments

Dark Sky may offer the opportunity to purchase access to the Service by means of one-time or recurring payments (“Subscription”) through an authorized Marketplace Provider. These payments require you to have an active account with a Marketplace Provider and provide a then-current and valid method of payment, such as a credit card or debit card (a "Payment Method"). Payments will be processed by your respective Marketplace Provider and not through Dark Sky. Any inquiries related to payments should be directed to your Marketplace Provider. You are responsible for all charges incurred in connection with your payments.

Subscriptions

By selecting a Subscription, you agree to pay the Marketplace Provider a subscription fee on a designated cycle for the Service (the "Subscription Fee"). Subject to the Free Trials and Promotional Offers section below, the first Subscription Fee will be charged to your Payment Method on the date the Marketplace Provider confirms your Subscription purchase. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method by your Marketplace Provider on a recurring basis in accordance with your designated cycle.

Billing Cycle

The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Please note that billing is processed by your Marketplace Provider and that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You should confirm your Marketplace Provider's billing policies prior to establishing your Subscription.

Subscription Price Changes

Each Marketplace Provider reserves the right to change the price for a Subscription to the Service in its sole discretion and will be responsible for communicating any price changes to you in accordance with the law.

Updating Payment Method

You may update your Payment Method with your Marketplace Provider at any time by accessing your account with such Marketplace Provider. If at any time the Marketplace Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Marketplace Provider and Dark Sky reserve the right to suspend your respective accounts and access to the Service, until such time as the Payment Method has been updated to permit the Marketplace Provider to charge the Subscription Fee.

Cancellation

You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current term. You will need to cancel your Subscription directly with your Marketplace Provider.

No Refunds

REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. DARK SKY DOES NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-TERM. In such a circumstance, you will continue to have access to your Subscription until the end of the term’s billing cycle. Each Marketplace Provider reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.

Free Trials and Promotional Offers

The Service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new Service subscribers, unless otherwise specified. Your status as a new subscriber to the Service will be determined by the Marketplace Provider and Dark Sky, each in its sole discretion. These Terms apply to any Trial Subscription, unless otherwise specified.

At the time of signing up for a Trial Subscription, you must provide the Marketplace Provider with a valid Payment Method in order to use the Service during the Trial Subscription period. Your Payment Method will not be charged by the Marketplace Provider during the Trial Subscription Period, however a preauthorization may be used.

UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE SERVICE WILL BE CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU TIMELY CANCEL THE TRIAL SUBSCRIPTION. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.

To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please contact your Marketplace Provider directly.

No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you sign-up for the Service. New customers may take advantage of any "new customer" promotion only once. Requirements for a special promotion will be stated at the time each offer is presented. As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your account.

Access

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.

Links to Other Sites

The Service may provide you with links to third party websites. Dark Sky has no control over and is not responsible for these websites or the materials, information, goods, or services available on these websites. If you elect to visit these websites, you do so at your own risk.

Dispute Jurisdiction

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 Use, 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 Use.

Disclaimers

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

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.

Indemnification

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 attorneys 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 this License.

General Provisions

These Terms of Use, and any other document expressly incorporated herein, set out the entire agreement between you and Dark Sky concerning the and they replace all earlier agreements and understandings between you and Dark Sky. If any part of these Terms of Use is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible Dark Sky’s original intentions and the remainder of these Terms of Use shall remain valid and enforceable. Dark Sky’s failure to exercise or enforce any of its rights under these Terms of Use does not waive Dark Sky’s right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Dark Sky.

Effective Date & Changes

These Terms of Use are effective January 15, 2016.

These Terms of Use may be updated from time to time for any reason. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here. You are advised to consult this Terms of Use regularly for any changes, as continued use is deemed approval of all changes.

Contact

If you have any questions concerning these Terms of Use, you may contact us at support@darksky.net