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Terms of Service

Effective date: December 20, 2025

Introduction

By signing up for, accessing, or using the BluePony Technologies, Inc. ("we," "us," or "our") API (the "API" or "Services"), you agree to be bound by these Terms of Service ("TOS"). If you do not agree, do not use the Services. These TOS may be updated from time to time; we will notify you via email or through the API interface, and your continued use constitutes acceptance.

Definitions

  • "API" or "Services": The aviation weather data and related features provided by us.
  • "End User" or "you": Any individual or entity using the Services.
  • "Official Pre-Flight Weather Briefing": Weather information from FAA-approved sources, such as DUATS, 1-800-WX-BRIEF, or certified meteorologists.

1. API Use

1.1 Disclaimer of Warranties

The API services provided under this agreement are offered "AS IS," without any warranties, express or implied, including but not limited to warranties of accuracy, reliability, safety, or fitness for a particular purpose. BluePony Technologies, Inc., along with its related and affiliated organizations, expressly disclaims any and all liability arising from the use of these services, whether for individual or commercial purposes. Use of the API services is at your sole risk. Weather data is dynamic and may change rapidly; we do not guarantee real-time updates or error-free information from third-party sources (e.g., NOAA).

1.2 Advisory Nature of Services

The end user understands and agrees that the services provided hereunder are intended to be purely advisory in nature. These services may incorporate information furnished by third parties over which BluePony Technologies, Inc. has no control. Furthermore, any information supplied by BluePony Technologies, Inc., whether of its own creation or sourced from third parties, is not intended to substitute or override the end user’s own best judgment in any given situation. By using these services, the end user acknowledges and accepts full responsibility for any decisions or actions taken based on the provided information. The Services do not constitute certified aviation data or medical/health advice and must not be used as such.

2. Flight Planning Use

2.1 Disclaimer and Limitation of Liability

Flying involves inherent risks, and the use of our API is entirely at your own risk. The information provided by our API is not a substitute for an official pre-flight weather briefing. If there is a discrepancy between the information provided by an official pre-flight weather briefing and the data from our API, you must rely solely on the official pre-flight weather briefing. You agree to comply with all applicable aviation regulations (e.g., FAA Federal Aviation Regulations) and verify data with multiple sources. If you integrate our API into an application or service that you provide to end users, you are required to disclose this policy to your users. BluePony Technologies, Inc. disclaims all liability under any express or implied warranties provided herein. By using our API, you agree to release, covenant not to sue, and indemnify BluePony Technologies, Inc. and its affiliates from and against any and all claims, liabilities, damages, or expenses (including attorneys' fees) arising from or related to:

  • Injury to or death of any person(s);
  • Loss of or damage to property, including aircraft;
  • Any other claims, including those by third parties, resulting from your use, processing, or reliance on the API services provided hereunder.

This indemnity applies regardless of whether such claims arise in tort, negligence, or otherwise, except to the extent caused by the reckless or willful misconduct of BluePony Technologies, Inc. The end user's indemnification obligations will survive the expiration, termination, or cancellation of the services. In no event shall our total liability exceed the fees you paid us in the prior 12 months (or $0 for free users). We are not liable for indirect, consequential, or punitive damages. You waive any right to participate in class action lawsuits.

3. User Obligations

You may not misuse the Services (e.g., for non-aviation purposes or unauthorized automation). We may terminate your access for violations without notice or refund. You are encouraged to maintain appropriate aviation insurance.

4. Force Majeure

We are not liable for failures due to events beyond our control, including natural disasters, government actions, or third-party data disruptions.

5. Governing Law and Dispute Resolution

These TOS are governed by the laws of the United Sates, without regard to conflict of laws principles.

Any disputes shall be resolved through binding arbitration under the American Arbitration Association (AAA) rules, with no jury trials.

6. Miscellaneous

  • Severability: If any provision is invalid, the remainder remains enforceable.
  • Entire Agreement: This TOS constitutes the full agreement between you and us.
  • Contact: For questions, contact support@checkwx.com