Terms of Service

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and SureWx Inc., a company located at 8770 W Bryn Mawr Ave Ste 1300 # 174, Chicago - 60631-3557, United States (US). By browsing this website, by submitting a contact enquiry or by using any of our storm nowcasting and weather data services, you confirm that you have read and accepted these terms.

If you do not agree with these terms, you must not use the website or the services. If you are entering this agreement on behalf of an organisation, you confirm that you have the authority to bind that organisation to these terms.

The developer name behind the website and the services is SureWX. References to we, us and our in these terms refer to SureWx Inc. and its team.

2. Description of Services

SureWx Inc. provides storm nowcasting and weather data services. The current service line includes storm cell tracking, lightning network feeds, hail reporting, aviation weather briefings, data API integration and alert delivery setup. Each service is described in more detail on our website, and the precise scope of what we deliver to you is set out in the order or agreement that applies to your engagement.

We may add, change or retire individual services over time as the observatory evolves. Where a change materially reduces what a client receives, we will give reasonable notice and, where appropriate, an opportunity to discuss an alternative arrangement.

The services are provided on a professional and operational basis. They are intended to support informed decisions, not to replace the judgement of qualified people who understand the risks of the environment in which they operate.

3. Eligibility and Account Responsibility

You must have the legal capacity to enter into a binding agreement in order to use our services. If you use the services on behalf of an organisation, you are responsible for ensuring that everyone who accesses the services through your account complies with these terms.

You are responsible for keeping any access credentials confidential and for all activity that occurs under your account. If you become aware of any unauthorised use of your account or any security breach, you must tell us promptly so that we can help you respond.

You are responsible for the accuracy of the contact and operational information you provide to us, including the recipients and delivery channels for any alerts we send on your behalf.

4. Acceptable Use

You agree to use our website and services only for lawful purposes and in accordance with these terms. In particular, you must not attempt to gain unauthorised access to our systems, interfere with the operation of the services, or use the services in a way that harms other users or third parties.

• Do not resell or redistribute our data without written permission, except as your agreement allows
• Do not probe, scan or test the vulnerability of our systems without authorisation
• Do not attempt to disrupt the availability or integrity of the services
• Do not use the services to break any applicable law or regulation
• Do not misrepresent the source or reliability of the readings we provide
• Do not remove or obscure any notice of ownership contained in our materials

We reserve the right to suspend access where we reasonably believe that use of the services presents a security, legal or operational risk.

5. Weather Data and Forecast Limitations

Weather is inherently Uncertain, and no forecast can guarantee an outcome. Our readings are produced from instruments, models and data sources that carry their own limitations, and the atmosphere may behave in ways that no system can fully anticipate. We describe the confidence behind our guidance honestly, and we expect users to treat that guidance as one input among several.

You are responsible for deciding how to act on the information we provide, including whether to delay a flight, halt a work site, protect an asset or issue a public warning. Our services support those decisions, but they do not make them, and they do not remove the need for professional judgement in the field.

We work continuously to improve accuracy and to communicate uncertainty clearly. Nevertheless, you acknowledge that forecasts may be incomplete or incorrect and that you use our readings at your own discretion, having regard to the consequences that matter to you.

6. Intellectual Property

The website, the observatory software, the tracking and modelling methods, the documentation and the visual design of our materials are owned by SureWx Inc. or its licensors and are protected by intellectual property law. Nothing in these terms transfers ownership of those rights to you.

Subject to your compliance with these terms and any agreement between us, we grant you a limited, non exclusive and non transferable right to use the services and any data we deliver for your internal business purposes. This right does not permit you to copy, modify, publish or distribute our materials except as expressly allowed.

Third party data that we process under licence remains subject to the terms of the relevant provider. Where a third party imposes restrictions on the use of its data, those restrictions apply to you as well, and we will make them available where they are relevant to your use.

7. Client Data and Operational Information

You retain ownership of the operational information you provide to us, such as asset locations, route information and recipient lists. You grant us the right to process that information as necessary to deliver the services you have requested and to maintain the security and reliability of the observatory.

You are responsible for ensuring that you have the right to share any information you provide to us, including any personal information relating to your personnel. You must not provide information that you are not permitted to disclose.

We handle personal information in line with our Privacy Policy, which forms part of these terms. Where an agreement between us contains specific data protection provisions, those provisions apply in addition to the Privacy Policy.

8. Fees and Payment

Where a service is provided for a fee, the amount, the billing period and the payment terms are set out in the order or agreement that applies to your engagement. Unless the agreement states otherwise, invoices are payable within the period stated on the invoice and fees are exclusive of applicable taxes.

Late payment may result in suspension of the relevant service after notice, and may attract interest where the agreement provides for it. If you dispute an invoice, please contact us promptly so that we can review the matter rather than letting the dispute disrupt your access.

Except where the law requires otherwise, fees already paid are not refundable. If we end a service for our own convenience, we will refund any prepaid fees relating to the period after the service ends.

9. Service Delivery and Alerts

Alert delivery depends on the channels you choose and on systems that are outside our direct control, including email providers, mobile networks and your own infrastructure. We design and test the delivery path to behave predictably, but we cannot guarantee that every message will be received on time or at all.

You are responsible for maintaining accurate recipient details and for ensuring that your people know how to recognise and act on messages from the observatory. We recommend that clients treat critical alerts as one layer in a wider safety process rather than as the only safeguard.

Where a service depends on third party data feeds, interruptions in those feeds may affect what we can deliver. We monitor for such interruptions and will communicate material impacts to affected clients as soon as we are able.

10. Availability and Maintenance

We aim to keep our website and services available continuously, but we do not promise uninterrupted operation. Planned maintenance, security updates and unforeseen incidents may cause temporary interruptions. Where maintenance is planned, we try to schedule it to minimise disruption to clients with active severe weather needs.

The observatory is monitored, and we investigate anomalies in our feeds and delivery paths promptly. Where an incident affects a service you use, we will provide information about the impact and about what we are doing to restore normal operation.

We may modify or withdraw features of the website for operational or legal reasons. Where a change materially affects a paid service, we will give reasonable notice before it takes effect.

11. Disclaimer of Warranties

To the fullest extent permitted by law, the website and the services are provided as they are and as they become available, without warranties of any kind, whether express or implied. We specifically disclaim implied warranties of merchantability, fitness for a particular purpose and non infringement, and any warranty arising from a course of dealing or usage of trade.

We do not warrant that the services will be error free, that defects will be corrected, or that the services will meet every requirement you may have. We do not warrant the accuracy or completeness of any third party data that passes through the observatory.

Nothing in these terms excludes any warranty or condition that cannot lawfully be excluded. If a warranty cannot be excluded, our obligations are limited to the extent permitted by the applicable law.

12. Limitation of Liability

To the fullest extent permitted by law, SureWx Inc. will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, goodwill, data or business opportunity, arising out of or in connection with the website or the services.

Our total liability arising out of or in connection with these terms is limited to the fees you have paid to us for the affected service during the twelve months preceding the event giving rise to the claim, or to one hundred United States dollars if no fees have been paid, whichever is greater.

Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by our negligence. The limitations in this section apply regardless of the theory of liability on which a claim is based.

13. Indemnity

You agree to indemnify and hold harmless SureWx Inc., its team and its service providers from any claim, loss, liability or expense arising from your use of the services in breach of these terms, from information you provide to us without the right to do so, or from your failure to act appropriately on the guidance we deliver.

This indemnity does not apply to the extent that a claim arises from our own negligence or wilful misconduct. Where a claim is made, we will notify you promptly and will give you a reasonable opportunity to participate in the defence of the matter.

We may, at our option, take over the defence of a matter subject to indemnity. If we do so, you agree to provide reasonable cooperation and information.

14. Suspension and Termination

We may suspend or terminate your access to the services if you materially breach these terms, if we are required to do so by law, or if we reasonably believe that continued access presents a security or operational risk. Where the situation permits, we will give notice and an opportunity to remedy the breach.

You may stop using the services at any time. If you have a paid engagement, the terms for ending it are set out in your agreement, including any notice period and any outstanding payment obligations.

On termination, your right to use the services ends, but the provisions of these terms that by their nature should survive will continue to apply. These include provisions relating to intellectual property, confidentiality, disclaimers, limitation of liability and governing law.

15. Third Party Components

The services rely on third party infrastructure, software and data, including hosting, communications and environmental data sources. These components are governed by the terms of their respective providers, and your use of the services is subject to any restrictions those providers impose.

We select our third party components with care and monitor their performance, but we do not control them and are not responsible for their acts or omissions. Where a third party term conflicts with these terms in respect of that component, the third party term prevails for that component.

Links from our website to external resources are provided for convenience. We do not endorse the content of external sites and are not responsible for the information they contain.

16. Governing Law and Disputes

These terms are governed by the laws of the State of Illinois and the applicable federal laws of the United States, without regard to conflict of law principles. The courts located in Illinois will have jurisdiction over any dispute arising out of or in connection with these terms, unless the applicable law requires otherwise.

Before starting formal proceedings, we encourage you to contact us so that we can try to resolve the matter directly. Many concerns can be settled through a straightforward conversation, and we are willing to discuss a fair outcome.

If a provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce a provision is not a waiver of our right to do so later.

17. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services, in our business or in applicable law. When we make a material change, we will take reasonable steps to bring it to your attention, such as by posting a prominent notice on our website.

The version published on this page is the current version and supersedes earlier versions. Your continued use of the website or the services after a change takes effect indicates that you accept the revised terms.

If you do not agree with a change, you may stop using the relevant service and contact us to discuss the matter. Where a service is governed by a separate agreement with its own change process, that process applies instead.

18. Contact Information

If you have any questions about these Terms of Service, please contact SureWx Inc. using the details below. We welcome questions about how the terms apply to your situation.

• Email: admin@surewx.buzz
• Phone: +14147752532
• Post: SureWx Inc., 8770 W Bryn Mawr Ave Ste 1300 # 174, Chicago - 60631-3557, United States (US)
• Website: https://www.surewx.buzz

These terms, together with our Privacy Policy and any agreement that applies to your engagement, form the entire agreement between you and SureWx Inc. in respect of the website and the services.