Skip to content

Terms of Service

Effective Date: April 14, 2026

Update Summary (April 14, 2026): Updates include expanded data licensing and commercialization rights, Station Data definitions and platform contribution language, camera and broadcast network provisions, data retention policy, government and regulated customer compliance provisions, and public display opt-out rights.

Update Summary (April 2, 2026):
Updates include pricing protections related to tariffs and material cost changes, expanded force majeure definitions, and clarification of quote validity and order acceptance.

These Terms of Service ("Terms") are entered into by and between WeatherSTEM Inc., doing business as Weatherstem ("Weatherstem," "we," "us," or "our"), and the customer or entity that purchases, accesses, or uses the Services ("Customer" or "you").

1. Definitions

  • "Services" means all products and services provided by Weatherstem, including but not limited to weather stations, sensors, cameras, hardware installation, software dashboards, real-time data access, alerts, consulting, and maintenance.
  • "Order Form" means any written agreement, proposal, or invoice that specifies Services purchased.

2. Acceptance

By signing an Order Form, submitting payment, or continuing to use our Services, you agree to be bound by these Terms. If you do not agree, please contact us prior to using or renewing the Services.

3. Term and Renewal

The initial term of the Services is as set forth in your Order Form. Services automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least 30 days before the end of the current term.

4. Fees and Payment

Fees are outlined in your Order Form, quote, or invoice. Payments are due as specified therein. Late payments may accrue interest at 1% per month or the maximum allowed by law. You are responsible for all applicable taxes, excluding those based on Weatherstem's income.

Quote Validity. All quotes and proposals issued by Weatherstem are valid for thirty (30) days from the date of issue unless a shorter validity period is expressly stated in the quote. Weatherstem reserves the right to withdraw or revise any quote prior to Customer's written acceptance. Acceptance of a quote after the stated validity period is subject to Weatherstem's confirmation of pricing availability.

Order Acceptance. A binding contract for the sale of hardware, equipment, or services is formed only upon Weatherstem's written order confirmation or issuance of an invoice, not upon Customer's acceptance of a quote alone.

Material and Tariff Escalation. Quoted prices for hardware, equipment, mounting systems, communications devices, and related components are based on Weatherstem's material costs as of the date of the quote. In the event that U.S. government-imposed tariffs, duties, trade restrictions, or changes in applicable law enacted or effective after the date of a quote increase Weatherstem's actual cost of procuring the affected materials or components by more than five percent (5%), Weatherstem reserves the right to adjust the affected line-item pricing prior to fulfillment. Weatherstem will provide written notice of any such adjustment. Upon receipt of notice, Customer may (a) accept the adjusted pricing, or (b) cancel the unfulfilled portion of the order without penalty within ten (10) business days of notice. For multi-phase or long-duration projects, pricing adjustments are subject to mutual written agreement. Where tariff or material costs subsequently decrease, Weatherstem will apply any documented savings to Customer's benefit on unfulfilled orders.

 

5. Warranties and Disclaimers

  • We warrant that our Services will materially conform to published specifications for 90 days following initial delivery.
  • Hardware is warranted against defects in materials and workmanship for one (1) year.
  • Except as explicitly stated, all Services are provided "as is" without warranties of any kind, express or implied.

Forecast Accuracy Disclaimer
Weather forecasting involves inherent uncertainties. WeatherSTEM Inc. makes no guarantees regarding the accuracy, timeliness, or reliability of forecast models or predictions. Clients should use multiple sources and consult professional meteorologists when making safety-critical decisions.

Alerting Disclaimer
Automated alerts and notifications provided by Weatherstem are for informational purposes only and are not intended to serve as primary emergency warning systems. Customers are responsible for configuring alert thresholds appropriately and maintaining independent safety protocols.

6. Limitation of Liability

Except for cases of gross negligence or willful misconduct:

  • Weatherstem’s liability is limited to the fees paid by Customer for the Services during the 12 months preceding the event giving rise to the claim.
  • Weatherstem is not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or use.

7. Data Use, Lightning, and Meteorological Disclaimers

Weatherstem provides weather data, forecasts, lightning detection, and alerting tools for informational use only. While we aim to deliver high-quality and timely information, no weather system can guarantee accuracy or completeness.

LIGHTNING DISCLAIMER:
EXPERIENCE HAS PROVEN THAT THE TIMELINESS, RESOLUTION AND MANNER IN WHICH LIGHTNING DATA IS DISPLAYED DOES NOT SOLELY SUPPORT THE EFFECTIVE OR RELIABLE USE OF THE DATA IN MAKING DECISIONS OF AN IMMEDIATE OR SHORT-TERM NATURE THAT INVOLVE THE SAFETY OF PERSONNEL OR ASSETS. ANY SUCH APPLICATIONS OR SIMILAR USES BY CUSTOMERS ARE DONE AT THE RISK OF THE USER AND ARE NEITHER CONDONED NOR RECOMMENDED BY WEATHERSTEM, WEATHERSTEM'S SUPPLIERS, VAISALA, OR VAISALA’S SUPPLIERS.

Users are solely responsible for any decisions made using Weatherstem data, including operational, emergency, or safety-related actions.

7A. Data Retention and Security

Retention During Term. Weatherstem retains Station Data for the duration of the active Services term. Weatherstem has no obligation to retain Station Data following termination or expiration of the Services for any reason, including non-payment, non-renewal, or voluntary cancellation.

Data Deletion Following Termination. Upon termination or expiration of the Services, Weatherstem reserves the right to delete, archive, or otherwise dispose of Customer's Station Data at its sole discretion and without notice. Weatherstem is under no obligation to provide Customer an export or copy of Station Data following termination unless expressly agreed in a separate written agreement prior to termination.

Aggregated and Derived Data. Notwithstanding the foregoing, Weatherstem retains the right to keep and continue using any aggregated, de-identified, or derived data products that incorporate Station Data, even following termination. This data is the exclusive property of Weatherstem and is not subject to deletion obligations.

Security. Weatherstem implements commercially reasonable technical and organizational measures to protect Station Data against unauthorized access, loss, or disclosure during the active Services term. Weatherstem will notify Customer without undue delay in the event of a confirmed security breach affecting Customer's Station Data during the term.

8. Intellectual Property and Data License

All intellectual property rights in the Services, including but not limited to software, hardware designs, platform interfaces, algorithms, and visual content, remain the exclusive property of WeatherSTEM Inc. You may not reproduce, reverse engineer, resell, or distribute any part of the Services without our written consent.

Station Data. Environmental and operational data generated by sensors, cameras, and other hardware deployed as part of the Services, including readings, measurements, images, video feeds, GPS coordinates, and timestamps, is collectively referred to as "Station Data." Station Data is generated through and inseparable from Weatherstem's proprietary platform, infrastructure, QA processes, and network architecture. Weatherstem's contribution to Station Data includes cellular transmission, cloud infrastructure, proprietary quality assurance processing, platform integration, network contextualization, and ongoing maintenance. The data product made available through the Services reflects substantial independent contribution by Weatherstem and is inseparable from the infrastructure and processes Weatherstem provides. As such, no party shall be deemed to hold exclusive ownership of Station Data independent of the Services through which it is created.

Data License Grant. Customer hereby grants Weatherstem a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to collect, transmit, store, process, analyze, display, distribute, and commercially exploit Station Data, including but not limited to: (a) providing and improving the Services; (b) operating Weatherstem's platform, alert systems, and network infrastructure; (c) licensing real-time and historical data feeds, dashboard access, and API access to third parties on a commercial basis; (d) creating, distributing, and selling aggregated, de-identified, or individually identified data products and analytics; (e) entering into commercial agreements with broadcast networks, media organizations, and data resellers for access to Station Data including camera and video feeds; and (f) fulfilling obligations to third-party data partners including lightning data providers. This license survives termination of the Services with respect to data collected during the term.

Aggregated and Network Data. Weatherstem may compile, aggregate, and analyze Station Data across its network to develop insights, improve forecast accuracy, and create derivative products. All aggregated, processed, or derived data products are the exclusive property of Weatherstem and may be commercialized without restriction.

Camera and Video Feeds. Video and image data captured by cameras deployed as part of the Services is included within the Data License Grant. Weatherstem may license camera feeds to broadcast networks, media organizations, streaming platforms, and other commercial partners. Customer is solely responsible for ensuring that camera deployment complies with applicable federal, state, and local laws, including privacy laws governing public and private spaces, and for obtaining any required consents from individuals who may appear within camera coverage areas. Weatherstem's commercial use of camera feeds is conditioned on Customer's compliance with this obligation.

Public Display Opt-Out. Customers may request in writing that their individually identified Station Data and camera feeds be excluded from Weatherstem's public-facing platforms and applications. Such requests do not affect Weatherstem's underlying data license rights, including the right to use Station Data in aggregated products, internal analytics, and third-party licensing arrangements that do not publicly identify the Customer.

Government and Regulated Customers. For Customers that are federal, state, or local government entities, public schools, or public universities, Weatherstem's commercialization rights under this Section are subject to applicable law governing the use and disclosure of government-controlled or publicly funded data. Where applicable law restricts Weatherstem's ability to commercially exploit Station Data from a specific government Customer, those restrictions apply only to that Customer's individually identified Station Data. Weatherstem retains full rights to aggregated, de-identified network data in all cases. Government Customers acknowledge that Weatherstem's data license rights are a material consideration in Weatherstem's pricing and service delivery model.

No Restriction on Network Commercialization. Nothing in these Terms limits Weatherstem's right to commercialize its broader network, platform, or data products, even where individual Customer Station Data contributes to that network. Weatherstem's obligations to Customer do not include accounting for or sharing revenue derived from third-party data licensing, API access, or broadcast agreements.

Retained Customer Rights. Customer retains the right to access and use its own Station Data for internal operational purposes during the term of the Services through Weatherstem's platform, API, or upon written request for bulk extraction. This retention of rights does not limit Weatherstem's license grant above.

9. Force Majeure

Weatherstem is not liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to: acts of God; severe weather or natural disasters; fire; flood; epidemic or pandemic; war; terrorism; civil unrest; strikes or labor disputes; utility failures; communications carrier outages; shortage of materials or components; supply chain disruptions; government actions; executive orders; changes in applicable law; the imposition or modification of tariffs, duties, import restrictions, or trade sanctions by any governmental authority; or any other cause beyond Weatherstem's reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, Weatherstem will provide written notice to Customer as soon as reasonably practicable, describing the nature of the event and its anticipated effect on performance. Weatherstem will use commercially reasonable efforts to mitigate the impact and resume performance. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Order Form without liability upon written notice, except that Customer shall remain obligated to pay for all Services delivered prior to termination.

Schedule delays caused by Force Majeure Events shall extend applicable deadlines by the duration of the event plus a reasonable resumption period, and shall not constitute a default or breach by Weatherstem.

10. Indemnification

Customer agrees to defend, indemnify, and hold harmless Weatherstem from any third-party claims or liabilities arising from:

  • Customer’s misuse of the Services;
  • Violation of applicable laws;
  • Infringement of third-party rights.

This excludes claims resulting from Weatherstem’s gross negligence or intentional misconduct.

11. Governing Law and Venue

These Terms are governed by the laws of the State of Florida. You and Weatherstem agree to submit to the exclusive jurisdiction of the state and federal courts located in Leon County, Florida, unless otherwise required by applicable government contracting rules.

12. Entire Agreement

These Terms, together with any executed Order Forms, quotes, or invoices, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior discussions, representations, or agreements. Any amendments must be in writing and signed by both parties.

Order of Precedence. In the event of any conflict between these Terms and the terms of a Customer-issued purchase order, Customer terms and conditions, or similar Customer document, these Terms shall control unless the parties have executed a written agreement expressly stating otherwise and identifying the specific terms that shall supersede these Terms. Weatherstem's acceptance of a purchase order is for administrative convenience only and does not constitute acceptance of any Customer terms and conditions that conflict with these Terms.

Notice of Updates. Weatherstem may update these Terms from time to time. Updated Terms will be posted at the URL incorporated by reference in your Order Form or invoice, with the effective date noted at the top. Continued use of the Services after the effective date constitutes acceptance of the updated Terms. For active contracts, material changes will be communicated by email to the address on file at least fourteen (14) days before taking effect. The addition or amendment of data license, data retention, or intellectual property provisions does not constitute a material change for purposes of this notice requirement, provided that no such amendment reduces Customer's right to access Station Data for internal operational purposes during the term.

13. Procurement by Government Entities

Weatherstem welcomes procurement by federal, state, and local government agencies and is committed to complying with applicable government procurement requirements.

PO Terms Generally. Weatherstem’s acceptance of a government purchase order is for administrative and payment processing purposes. Weatherstem will work cooperatively with the Customer to review and address the Customer’s standard terms and conditions; however, no Customer terms shall be deemed accepted unless expressly agreed to in writing by Weatherstem. Where a government Customer’s purchase order or agency terms and conditions are required by law or agency policy, Weatherstem will work in good faith with the Customer to identify and resolve any conflicts. Weatherstem considers the following provisions essential to its ability to perform:

(a) Hardware Pricing and Material Costs. Quoted prices for physical equipment, hardware, mounting systems, and communications devices reflect Weatherstem’s material costs as of the date of the quote. For contracts or purchase orders with a performance period exceeding ninety (90) days, if U.S. government-imposed tariffs, duties, or trade restrictions enacted after the date of the quote increase Weatherstem’s documented cost of procuring specific materials or components by more than five percent (5%), the parties will negotiate in good faith an equitable adjustment to the affected line items and/or project scope. This provision does not affect pricing for software, data services, or labor, which remain firm as quoted.

(b) Pre-Purchased Materials. Where Weatherstem purchases materials or equipment in reasonable anticipation of performance under an issued purchase order, and the purchase order is subsequently cancelled or reduced for convenience, Customer shall reimburse Weatherstem for the actual, documented cost of non-cancellable material commitments made prior to the cancellation notice, including manufacturer-committed or custom-fabricated components and any applicable restocking fees.

(c) Force Majeure and Schedule. Schedule delays caused by government actions, tariff-related supply disruptions, permitting delays, site access restrictions, or other causes beyond Weatherstem’s reasonable control shall extend performance deadlines by the duration of the delay plus a reasonable remobilization period and shall not constitute a default or trigger financial penalties.

(d) Warranty and Liability. Weatherstem’s warranty terms and limitation of liability provisions, as set forth in these Terms of Service, represent the full extent of Weatherstem’s warranty and liability obligations. Weatherstem does not accept unlimited liability, consequential damages exposure, or warranty terms that exceed those stated herein.

Conflict Resolution. Where a conflict exists between Customer’s purchase order terms and the provisions above, the parties agree to resolve the conflict in a written amendment prior to order fulfillment. Weatherstem reserves the right to delay procurement or performance until such conflicts are resolved. Weatherstem will not unreasonably withhold agreement to Customer terms that do not materially affect the provisions listed above.

For questions, contact info@weatherstem.com.