Terms of Service

This website, www.checkwxapi.com (the "site"), is owned and operated by BluePony Technologies, Inc. ("BluePony Technologies", "we" or "us")

By using the site, services provided on the site, our proprietary software made available to you via the site, or data content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.

Registration

In order to use most Services, you must register for or authenticate into an account. When you use our application program interface (API), each request to an API must include your account's unique API key.

Please carefully guard the security of your account and monitor use of your API key. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API key. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.

You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

Our Services

Subject to these Terms and our Service Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:

  • Use the Services to develop online services and online, desktop, or mobile applications.
  • Make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications.

End User Notification

You may not allow your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify us in writing if you become aware of any misappropriation or unauthorized use of the Services.

Charges and Payments

You agree to pay all fees owed for your use of the Services, as calculated by our records based on our publicly available pricing, currently located at www.checkwxapi.com/pricing. All charges are non-refundable unless expressly prohibited by applicable law. We may charge your credit card on an recurring basis for any amounts that you owe us, some of which may require advance payments.

You acknowledge and agree that failure to use the current version of our API may result in potentially different (and higher) fees being charged to you, and agree to pay any such fees as calculated by us.

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.

We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Our listed fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us to help us obtain any necessary withholding or royalty tax exemptions where applicable.

Notwithstanding the foregoing, all payments made by you to us under these Terms will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.

Account Cancellation or Suspension

We do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, we may cancel or suspend your account for any reason by providing you 30 days advance notice.

Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account.

Changes to Services or Terms

We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services, including the API. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current API. We attempt to avoid changes to our API that is not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.

Indemnification

You agree to indemnify and hold harmless BluePony Technologies and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your end users’ use of the Services in or through an application or service you provide;
  • Content you or your end users submit, post to, extracts from, or transmit through the Services.

Disclaimers

“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, APIS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BluePony Technologies DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BluePony Technologies OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. BluePony Technologies DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, APIS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITE REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Accuracy. BluePony Technologies DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITE REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Flight planning. FLYING CAN BE DANGEROUS, AND USE OF OUR API IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR API IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED BY AN OFFICIAL PRE-FLIGHT WEATHER BRIEFING. IN THE EVENT THAT THE INFORMATION PRESENTED BY AN OFFICIAL PRE-FLIGHT WEATHER BREIFING DIFFERS FROM INFORMATION PROVIDED BY THE API, DO NOT RELY ON THE API. IF YOU USE OUR API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.

Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, APIS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITE REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of Liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL BluePony Technologies OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. APIS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITE REFERRED TO ON OR BY THE SITE, EVEN IF BluePony Technologies OR A BluePony Technologies AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF BluePony Technologies OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE DOLLAR ($1.00 USD) OR FEES PAID OR PAYABLE TO BluePony Technologies IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Claim period. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO BluePony Technologies MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Additional Terms

You agree to keep the contact information associated with your account current and complete.

You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.

You may not take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services.

These Terms are governed by and construed in accordance with the laws of North Carolina, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for Orange County, North Carolina, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BluePony Technologies as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and BluePony Technologies other than pursuant to these Terms.

Contact Information

For questions, concerns or feedback you might have about our Terms of Service, email us at support@checkwx.com.

Terms of Service last updated on July 1, 2020