Effective Date: July 24, 2024
Version: 1.4
These Terms and Conditions govern your use of the Digital Sky mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms and the End-User License Agreement (EULA). If you do not agree to these Terms, do not use the App.
By using the Digital Sky App, you acknowledge that the agreement is between you and Digital Sky only, and not with Apple. Digital Sky, not Apple, is solely responsible for the App and its content. The usage rules for the App are not in conflict with the Apple Media Services Terms and Conditions.
Digital Sky offers a "Premium" subscription service at a cost of $1.99 per month. This subscription removes advertisements from the App and grants access to exclusive features. Payment will be charged to your App Store account. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current subscription period. Subscriptions can be managed and canceled by going to the App Store account settings; they cannot be managed within the App itself. Any unused portion of a free trial period, if offered, will be forfeited upon purchasing a subscription. Digital Sky reserves the right to change the subscription price and services offered. Any such changes will be announced on social media at least 15 days in advance. Please refer to the “Disclaimer of Warranties” section for additional information.
Digital Sky grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App on Apple-branded products you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, with Family Sharing and volume purchasing as exceptions. You are not permitted to use the App for any illegal purposes, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Digital Sky is solely responsible for providing maintenance and support services for the App, as specified in the EULA. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
While best efforts are always made to strive for quality, Digital Sky does not guarantee the accuracy and availability of any data presented in the app, including but not limited to, current weather conditions, weather forecasts, radar imagery, weather alerts, and notifications, whether this be due to data processing issues or issues with the application itself. The information is provided “as is” without warranty of any kind. You use the App and any information obtained through the App at your own risk. Regarding the press and hold map feature, current conditions will be returned at virtually every populated location, but they cannot be expected to return over extremely remote regions or bodies of water. In addition, while they should generally be close, it should not be an expectation for the radar imagery and minutely to be completely matched. Discrepancies will occur. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. Apple will have no other warranty obligation whatsoever.
To the fullest extent permitted by applicable law, in no event will Digital Sky, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the App. Digital Sky, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including product liability claims, regulatory compliance, and consumer protection or similar legislation.
All rights, title, and interest in and to the App, including all related intellectual property rights, are and will remain the exclusive property of Digital Sky and its licensors. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Digital Sky, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Digital Sky acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Digital Sky reserves the right to modify these Terms at any time. You will be notified of any changes to the Terms through the App or via email. Your continued use of the App after such changes have been notified will constitute your consent to those changes.
If you have any questions about these Terms, please email skydigitalweather@gmail.com.