Terms and Conditions

Please read these terms of use carefully before you start to use the Apixu.com site. By using our site, 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 site.

Reliance on information posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by Scottish law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us


Mzemo Ltd.
272 Bath Street
Glasgow
G2 4RE
United Kingdom

You can contact us by writing to the business address given above or via Support Center.

Accessing our site

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

Copyright

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

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

You must not modify the paper or digital copies of any materials 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 material on our site must always be acknowledged.

You must not use any part of the materials on our site 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 site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Payment

You agree to pay the full price for the service you purchase from the Website. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees. No refunds will be given after monthly or longer period fees have been made.

Our site changes regularly

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

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, 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 site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising 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.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy.

By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 by disclosing your identity to them. In the event of such a breach, your right to use our site 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 site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains 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 responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Variations

We may revise these terms of use at any time by amending this page. 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. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact us.


Thank you for visiting our site.

IMPORTANT--READ CAREFULLY: These Terms and Conditions of Service (these "Terms and Conditions") apply to our API. The data currently provided or becoming available in the future (the "Services") will be subject to these Terms and Conditions. By accessing and using the Services, you will be deemed to have agreed to abide by these Terms and Conditions and any other written rules, restrictions, disclaimers, terms, and conditions published or provided to you in conjunction with the Services. Apixu.com reserves the right to modify these Terms and Conditions from time to time. Any such modification will be notified to you by email and will govern your use of the Services commencing from the later of the time it is posted on our website or the time that you receive the email notification. You will receive no less than ninety days notice in writing of any change to your rights to access and/or use the data that is made available through the Services.

LIMITED RIGHT TO USE SERVICES

Apixu.com grants you the right to access, use, and view the standard (free) Services, together with any Premium Services for which you have subscribed and agreed to pay the applicable subscription fees, You may access, view and make copies of the data in the API for your personal or commercial use, including making the data in the API available in online and/or mobile applications/services (a single API key/subscription may be used in respect of one online or mobile application/service only) which are, as applicable, sold or resold by you or your group companies or other third parties authorised by you (‘Representatives’). If you are Free API user then for all uses of the data, you will credit Apixu.com by name or brand logo as the source of the data. You may not transfer your access privileges or disclose your password to any third party. Apixu.com reserves the right to modify or terminate any of the Services at any time. You agree not to sell our weather data to any third party. As a condition of your use of the Services, you warrant to Apixu.com that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. If you violate any of these Terms and Conditions, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed materials.

CHARGES AND PAYMENT

You agree to pay the subscription fees for any Premium Services for which you subscribe, as indicated via. Website, email or telephonic conversation for such Services, unless and until you cancel your subscription. Apixu.com reserves the right to modify the subscription fees upon notice of such modifications to ongoing subscribers from time to time, as to periods for which such fees have not yet been paid. Apixu.com will not be required to refund any previously collected subscription fees for any period after you have cancelled your subscription. Apixu.com reserves the right to appoint one or more third parties to provide billing and collection fulfillment services. In such case, you will be asked to enter into an agreement with such third party for payment of the subscription fees, as a condition of receiving the Services. You are responsible for all charges associated with connecting to the Services, including, without limitation, all cable or telephone access and telephone and computer equipment necessary to access the Services.

SUBSCRIBER REFUND POLICY

You may cancel the service at any time, and will not be billed for additional subscription periods. However, when refunds are requested for subscription periods wholly or partially completed, this policy will govern the outcome of that request.

No refunds will be given after monthly or longer period fees have been made.

EVENTS BEYOND Apixu.com'S CONTROL/UNCERTAINTY OF WEATHER PREDICTIONS

Apixu.com's ability to deliver the Services may be delayed, impaired, or interrupted by various events beyond Apixu.com's control including, without limitation, malfunctions in data transmission, communications or equipment; failure by your Internet service provider or other third parties to transmit information; or war, riot, acts of terrorism, severe weather, or national disasters. The information and content provided as part of the Services may change very rapidly. Factors such as the speed of transmission and loading of such information on your computer equipment, the frequency with which you refresh the information, and other factors outside Apixu.com's control, may delay the availability of such information. Weather information and weather predictions are by their nature of indeterminate reliability. Persons engaging in activities that could give rise to injury, death, or loss of property or profits as a result of adverse weather conditions do so at their own risk. You should consult governmental weather reports, bulletins, and advisories in planning any high risk weather-related activities.

PROPRIETARY RIGHTS

The contents of the Services, including any text, graphics, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Apixu.com.. You will not remove, alter, or obscure any copyright, trademark, and other proprietary notices displayed in conjunction with such content. Apixu.com has applied for and/or obtained patents protecting certain aspects of the Services. You are not entitled to any rights under such patents, which rights can only be granted pursuant to a separate written patent license agreement. Any rights not expressly granted by these Terms and Conditions or any applicable license agreements are reserved by Apixu.com.

LIMITATION OF LIABILITY

Apixu.com, ITS THIRD PARTY PROVIDERS, AND ITS OR THEIR AFFILIATES AND REPRESENTATIVES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING sFROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Apixu.com SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT YOU HAVE PAID AS SUBSCRIPTION FEES FOR THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

Apixu.com agrees to indemnify and to hold you, your Representatives and your/their customers employees and agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney’s fees) arising as a consequence of the Site and/or the Services and its/their use of them in accordance with these Terms and Conditions infringing the copyright, trade mark or other intellectual property rights of any person. Apixu.com's liability in respect of this indemnity shall not be subject to the limitations and exclusions in the clause headed 'Limitation of Liability'.

ACCURACY AND INTEGRITY OF INFORMATION

Although Apixu.com attempts to ensure the integrity and accuracy of the Services, it makes no guarantees whatsoever as to the correctness or accuracy of the information and content provided as part of the Services. It is possible that the Services could include technical or typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. The nature and content of the Services may be changed or updated without notice.

COLLECTION OF SUBSCRIBER INFORMATION

Apixu.com collects information that you provide to us directly, and also collects limited information through "cookies" that we place on your browser. Such information may be used by us for a variety of purposes, including statistical analysis, and identification of products and services that may be of interest to you. Apixu.com will not knowingly share personally identifiable information about you with any third party. We do not knowingly collect information from children. Third party suppliers, partners, and advertisers may place "cookies" on your browser to collect limited information when you are browsing on the Internet.

FORUMS AND OTHER INTERACTIVE AREAS

Apixu.com may, but is not obligated to, monitor or review any areas of the Services where visitors transmit or post Communications or communicate with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. Apixu.com will not, however, have any liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Apixu.com retains the right to remove, in its sole discretion, Communications that include any material deemed infringing, abusive, defamatory, obscene, or otherwise inappropriate.

LINKS OR POINTERS TO OTHER SITES

Apixu.com makes no representations whatsoever about any other Web site that you may access through the Services. When you access a non-Apixu.com site, please understand that it is independent from Apixu.com, and that Apixu.com has no control over the content on that Web site. In addition, a hyperlink to a non-Apixu.com Web site does not mean that Apixu.com endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Services, you do this entirely at your own risk.

FORWARD-LOOKING STATEMENTS

The Services may contain forward-looking statements regarding Apixu.com's business, customers, partners, future products and services, or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those, expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Apixu.com and you pertaining to the subject matter hereof. In its sole discretion, Apixu.com may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Services. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of Apixu.com.

LEGAL AUTHORITY

You represent that you are 16 years of age or older, of legal age to enter into contracts, and have full authority and competency to enter into and be legally bound by these Terms and Conditions.

Service Level Agreement

This Service Level Agreement (“SLA”) is a policy governing the use of API under the terms of the Apixu Terms of Service (the “Terms of Service”) between Apixu (“us” or “we”) and users of Apixu High Volume (HV) API Services (“you”). This SLA applies separately to each account using Apixu Services. Unless otherwise provided herein, this SLA is subject to the terms of the Terms of Service. Apixu reserves the right to change the terms of this SLA in accordance with the Terms of Service.

Apixu services for High Volume (HV) API customers are guaranteed to be available and responsive 99.9% of the time. If we don't meet this guarantee you are eligible for a service credit.

1. Service Commitment

Apixu will use commercially reasonable efforts to make Apixu instances available with a Monthly Uptime Percentage (defined below) of 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event Apixu does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

2. Definitions

The following capitalized terms shall be given the meaning set forth below:

  • “Monthly Uptime Percentage” is calculated by subtracting from 99.9% the percentage of continuous 5 minute periods during the month in which a Apixu instance was in a state of “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Apixu SLA Exclusion (defined below).
  • “Unavailable” and “Unavailability” means when a running Apixu instance has no external connectivity.
  • A “Service Credit” is a credit, calculated as set forth below, that we may credit back to an eligible account.

3. Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for a Apixu instance for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
100% - 99.9% 0%
99.89% - 99% 10%
Less than 99% 25%

4. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by sending an email via Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  • i. the words “SLA Credit Request” in the subject line;
  • ii. the dates and times of each Unavailability incident that you are claiming;
  • iii. the affected Apixu instance urls; and
  • iv. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

5. Apixu SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Apixu Services, or any other Apixu or Apixu Services performance issues: (i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems beyond the demarcation point of Apixu Services or its direct hosting subcontractors (i.e beyond the point in the network where Apixu maintains access and control over the Apixu Services); (ii) that result from any actions or inactions of you or any third party (other than Apixu’s direct hosting subcontractor); (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any scheduled maintenance; or (vi) arising from our suspension and termination of your right to use Apixu Services in connection with any breach by you of the Terms of Service or otherwise in accordance with the Terms of Service (collectively, the “Apixu SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.