Terms of Service for GDTH

Effective Date: April 22, 2025

I. Introduction and Definitions

Purpose: These Terms of Service ("Terms," "ToS," "Agreement") constitute a legally binding agreement between the owner and operator of the gdth website and associated services ("Company," "We," "Us," "Our") and any individual or entity accessing or using the gdth website and its services ("User," "You," "Your"). This Agreement governs Your access to and use of the gdth historical weather planning website, including all related data, content, software, and functionalities provided through it. The Service utilizes third-party services including Stripe for payment processing, Grasshopper API for routing, and Open-Meteo for historical weather data. By accessing the Website, creating an account, clicking an "I Agree" (or similar) button or checkbox, or otherwise using the Service in any manner, You acknowledge that You have read, understood, and agree to be bound by these Terms and Our Privacy Policy, which is incorporated herein by reference. If You do not agree to these Terms, You must not access or use the Service.

Definitions: For the purposes of these Terms of Service, the following definitions shall apply:

"Service": Means the provision of access to Historical Data, data analysis tools, data visualizations, API access (as applicable per Subscription Tier), and related functionalities offered through the gdth Website, including both Free and Paid Tiers. This includes the use of third-party services like Stripe, Grasshopper API, and Open-Meteo integrated into the Service.
"Website": Refers to the gdth website located at https://www.gdth.fun and any associated subdomains, mobile applications, or related online platforms operated by the Company.
"User": Means any individual or entity who accesses or uses the Service or Website.
"Historical Data": Refers to the meteorological information provided through the Service, primarily sourced via the Open-Meteo API, which is derived from historical reanalysis datasets, numerical weather simulations, past observations, and potentially statistical climate models. This data represents past conditions or statistical likelihoods based on historical patterns and is explicitly not a real-time weather feed or a forecast of future weather conditions. Understanding the nature of this data is crucial; it is based on models and past records, not live predictions, which inherently limits its precision and applicability for certain uses.
"Content": Includes, but is not limited to, the Historical Data, text, graphics, images, charts, logos, user interface design, software, data presentation methods, trademarks, and all other materials available through the Service or on the Website. This definition encompasses both Company-owned materials (such as website design, branding, and proprietary tools) and materials licensed from third parties (such as the underlying meteorological data provided via Open-Meteo).
"Subscription Tiers": Refers to the different levels of access to the Service offered by the Company, specifically including the "Free Tier" and any "Paid Tier(s)" (which may be designated by names such as "Professional," "Enterprise," or similar). Each tier possesses distinct features, data access capabilities, usage limitations, and permitted uses as further detailed within these Terms.
"Intellectual Property Rights": Means all intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade names, trade secrets, patents, database rights, and other proprietary rights related to the Service, Website, and Content.
"Data Sources": Refers to the third-party entities, including Open-Meteo and its underlying providers (such as governmental meteorological agencies like NOAA, ECMWF, DWD, commercial providers, and others), from whom the Company licenses or accesses the underlying meteorological data used to provide the Historical Data within the Service. This may also include third-party services like Grasshopper API if they are considered a source of data or routing information presented to the user.
"Third-Party Services": Refers to external services integrated into the Service, including but not limited to Stripe for payment processing, Grasshopper API for routing or location processing, and Open-Meteo for historical weather data.

II. Acceptance of Terms

Mechanism of Acceptance: Your access to and use of the Service is expressly conditioned on Your acceptance of and compliance with these Terms. You accept these Terms and agree to be legally bound by them by taking any of the following actions: accessing or browsing the Website, creating a User account, clicking a checkbox or button indicating Your agreement (e.g., "I Agree," "Accept," "Sign Up") during the registration or payment process, or by using any part of the Service. This method of requiring an explicit affirmative action, often referred to as "clickwrap," ensures a clear record of Your consent to these legally binding terms, which is particularly important given the provision of both free and paid services. If You do not agree with any part of these Terms, or if You are not eligible to agree to them, You must immediately cease all access and use of the Service and Website.

Eligibility: You represent and warrant that You are at least 18 years of age and possess the legal capacity to enter into this Agreement. If You are accessing or using the Service on behalf of a company, organization, or other legal entity, You represent and warrant that You have the authority to bind that entity to these Terms, in which case "You" and "Your" will refer to that entity. The Service is not intended for use by individuals under the age of 18.

III. Description of the Service

Core Functionality: The Service provides Users with access to a platform designed for historical weather analysis and planning. Key functionalities include accessing Historical Data (such as temperature, precipitation, wind speed and direction, solar radiation, humidity, pressure, etc.) for numerous global locations. The historical scope may extend back several decades, depending on the location and data availability. The Service is intended to aid in planning activities where past weather patterns are relevant. Features may include data visualization tools, historical date comparisons, statistical summaries, and the ability to download data in formats like CSV, subject to the User's Subscription Tier. The Service retrieves Historical Data primarily by utilizing the Open-Meteo API based on the location and date parameters you provide. Routing or location processing functionalities may be provided via the Grasshopper API.

Data Sources and Third-Party Services: You acknowledge that the Historical Data provided through the Service is compiled and derived from various third-party Data Sources, primarily accessed via the Open-Meteo API, which itself aggregates data from sources like governmental meteorological agencies (e.g., NOAA, ECMWF, DWD) and potentially commercial weather data providers. The availability, accuracy, scope, and specific parameters of the Historical Data are therefore dependent on the terms, conditions, and technical capabilities of Open-Meteo and its underlying Data Sources. Similarly, routing or location processing relies on the Grasshopper API. Payment processing for Paid Tiers is handled securely by Stripe. Your use of the Service is subject to the terms and conditions of these Third-Party Services, which are incorporated herein by reference. Changes in agreements with or the offerings of these Data Sources or Third-Party Services may impact the Service provided by the Company.

Service Modifications: The Company reserves the right, in its sole discretion, to modify, suspend, replace, or discontinue the Service, or any part thereof (including features, data availability, or Subscription Tiers), at any time, temporarily or permanently, with or without prior notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service. We will endeavor to provide notice of significant changes when feasible.

IV. Data Accuracy Disclaimer

Historical and Modeled Nature: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE DATA PROVIDED THROUGH THE SERVICE IS HISTORICAL WEATHER DATA. IT IS DERIVED FROM METEOROLOGICAL MODELS, REANALYSIS TECHNIQUES, SIMULATIONS, AND PAST OBSERVATIONS, PRIMARILY SOURCED VIA THE OPEN-METEO API. IT IS NOT A REAL-TIME WEATHER FEED, NOR IS IT A FORECAST OF FUTURE WEATHER CONDITIONS. Historical trends and averages do not guarantee future conditions.

No Guarantees of Accuracy or Completeness: THE COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR SUITABILITY OF THE HISTORICAL DATA OR ANY OTHER CONTENT PROVIDED THROUGH THE SERVICE. The Historical Data, being derived from third-party sources like Open-Meteo, may contain errors, inaccuracies, omissions, or gaps due to limitations in modeling, observation networks, data processing, or other factors inherent in the original Data Sources. Data availability and resolution may vary significantly by location and time period.

Not for Critical Use / Not a Substitute for Official Forecasts: THE SERVICE AND HISTORICAL DATA ARE PROVIDED FOR INFORMATIONAL AND GENERAL PLANNING PURPOSES ONLY. THEY ARE NOT INTENDED FOR AND MUST NOT BE USED AS A SUBSTITUTE FOR OFFICIAL WEATHER FORECASTS, WARNINGS, ADVISORIES, OR ALERTS ISSUED BY GOVERNMENTAL METEOROLOGICAL AGENCIES (SUCH AS THE NATIONAL WEATHER SERVICE (NWS) IN THE UNITED STATES OR EQUIVALENT AGENCIES GLOBALLY). YOU AGREE NOT TO RELY SOLELY ON THE HISTORICAL DATA FOR ANY DECISIONS RELATED TO SAFETY, HEALTH, PROTECTION OF PROPERTY, NAVIGATION (MARINE OR AVIATION), FINANCIAL INVESTMENTS, EMERGENCY RESPONSE, OR ANY OTHER SITUATION WHERE INACCURATE OR OUTDATED WEATHER INFORMATION COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, OR SIGNIFICANT FINANCIAL LOSS. This explicit prohibition is necessary because historical data, particularly reanalyzed or simulated data sourced via APIs like Open-Meteo, differs fundamentally from operational forecasts designed for safety and immediate decision-making. Users engaged in planning activities, a core audience for this Service, must understand this distinction to avoid misapplication of the data.

Data Source Disclaimers: The Historical Data is subject to the terms, conditions, and disclaimers of Open-Meteo and its underlying Data Sources. For example, data sourced from NOAA is generally in the public domain but its use does not imply NOAA endorsement. Data from other providers may come with specific limitations or disclaimers regarding accuracy or fitness for purpose, which are incorporated herein by reference. You agree to review and comply with any such terms provided by Open-Meteo or linked from their service.

User Assumes All Risk: Your use of the Historical Data and the Service is entirely at Your own risk. You are solely responsible for verifying the suitability and accuracy of the data for Your intended purpose and for consulting official weather sources when making critical decisions.

V. User Accounts

Registration: Access to certain features of the Service, particularly Paid Tiers, requires You to register for a User account. During registration, You agree to provide accurate, current, and complete information, including a valid email address and potentially payment information for Paid Tiers (processed via Stripe). You agree to update this information promptly if it changes.

Account Security: You are solely responsible for maintaining the confidentiality and security of Your account credentials, including Your password and any API keys issued to You. You are responsible for all activities that occur under Your account, whether or not authorized by You. You agree to notify the Company immediately of any suspected or actual unauthorized use of Your account or any other breach of security. The Company will not be liable for any loss or damage arising from Your failure to comply with these security obligations.

Accurate Information: You covenant that all information provided to the Company in connection with Your account and use of the Service will be accurate, current, and complete. Providing false or misleading information may result in suspension or termination of Your account.

Account Termination by Company: The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate Your account and access to the Service, without prior notice or liability, for any reason or no reason, including but not limited to: (a) Your breach of these Terms; (b) Your engagement in illegal, fraudulent, or abusive activities; (c) non-payment of applicable fees for Paid Tiers (as processed by Stripe); (d) actions that cause harm or liability to the Company, the Service, its infrastructure (including third-party services like Open-Meteo or Grasshopper API), or other Users; or (e) extended periods of inactivity for Free Tier accounts. This right of termination is a necessary mechanism to enforce these Terms and protect the integrity of the Service and its user community.

Account Termination by User: You may terminate Your account at any time by following the procedures outlined within the Service (e.g., via account settings) or by contacting Company support. Upon termination by You, Your access to the Service (particularly Paid Tier features) will cease at the end of Your current billing cycle, unless otherwise specified. Termination of Your account does not relieve You of any obligation to pay outstanding fees, nor does it entitle You to any refunds for unused portions of subscription periods, except as may be explicitly stated in Our Refund Policy.

VI. Subscription Terms and Tiers

Tier Descriptions: The Service is offered under different Subscription Tiers, including a Free Tier and one or more Paid Tiers. The specific features, capabilities, data access levels, usage limits (e.g., API calls via Open-Meteo, data downloads, historical depth), permitted uses (e.g., non-commercial vs. commercial), and support levels vary significantly between tiers. Details for each tier are provided on the Website's pricing page.

Free Tier: The Free Tier provides basic access to the Service, typically intended for personal, non-commercial evaluation or hobbyist use. It is subject to specific limitations, which may include, but are not limited to, a lower number of allowed API calls (e.g., requests to Open-Meteo) or data downloads per day/month, restricted access to the full historical data range, limited availability of certain advanced data parameters or analysis tools, a requirement for attribution when displaying data, and support primarily through community forums. Use of the Free Tier for commercial purposes is strictly prohibited unless explicitly permitted otherwise in writing by the Company. The definition of "commercial use" includes, but is not limited to, using the Service or Data in connection with any business activity, revenue-generating purpose, internal business operations, resale, or incorporation into another product or service offered to third parties. This distinction is critical both for the Company's business model and for compliance with Data Source licenses (like those underlying Open-Meteo) that often differentiate between commercial and non-commercial usage.

Paid Tier(s): Paid Tiers offer enhanced access and features compared to the Free Tier, designed for users with greater data needs or those requiring commercial usage rights. Benefits typically include significantly higher API call/download limits (e.g., for Open-Meteo requests), access to deeper historical data, availability of specialized data variables (e.g., solar energy, agricultural metrics), potentially faster data updates, permission for defined commercial uses, priority customer support, and potentially the removal of attribution requirements. The specific entitlements and limitations for each Paid Tier are detailed on the Website's pricing or subscription page and are incorporated herein by reference.

Table: Feature and Usage Comparison by Tier: To provide clarity and assist You in selecting the appropriate Subscription Tier, the following table summarizes key differences. Please refer to the Website's pricing page for the most current and detailed specifications. This comparison is vital for understanding the value and limitations of each tier, supporting informed decisions and managing expectations.

Feature/Limit	Free Tier	Paid Tier 1 (e.g., "Professional")	Paid Tier 2 (e.g., "Business")
API Call/Record Limit (e.g., via Open-Meteo)	e.g., 1,000 records/day	e.g., 10,000,000 records/month	e.g., Unlimited*
Historical Data Depth (via Open-Meteo)	e.g., Limited (Last 5 years)	e.g., Full (50+ years)	e.g., Full (50+ years)
Data Resolution Access (via Open-Meteo)	e.g., Daily only	e.g., Hourly & Daily	e.g., Hourly & Daily
Specialized Variables (via Open-Meteo)	e.g., Basic only	e.g., Basic + Solar	e.g., All Available
Data Download Format(s)	e.g., Limited / UI Only	e.g., CSV via API/Download	e.g., CSV via API/Download
Permitted Use	Personal, Non-Commercial Only	Defined Commercial Use	Extended Commercial Use
Attribution Requirement	Yes (as specified by Company/Open-Meteo)	No	No
Support Level	Community Forum Only	Email Support	Priority Support

*Subject to Fair Use Policy, see Section VII.

Fees and Payment: By selecting a Paid Tier, You agree to pay the applicable subscription fees as displayed on the Website at the time of purchase or renewal. Fees are typically billed in advance on a recurring basis (e.g., monthly or annually) as selected during checkout. Payment must be made through the accepted payment methods indicated on the Website (e.g., credit card processed via our secure third-party payment gateway, Stripe). You authorize the Company (or its third-party payment processor, Stripe) to charge Your chosen payment method for the subscription fees. All fees are quoted in U.S. Dollars unless otherwise specified and are exclusive of applicable taxes, which You are responsible for paying.

Automatic Renewal: UNLESS YOU NOTIFY THE COMPANY BEFORE THE END OF THE APPLICABLE SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO-RENEW, YOUR PAID TIER SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL TERM. YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU VIA STRIPE. You can manage or cancel Your auto-renewal settings through Your account dashboard or by contacting support prior to the renewal date.

Cancellation: You may cancel Your Paid Tier subscription at any time through Your account settings or by contacting support. Cancellation will typically take effect at the end of Your current paid billing cycle. You will retain access to the Paid Tier features until the end of that cycle.

Refund Policy: **All fees paid for the Service are non-refundable.** We do not provide refunds or credits for any reason, including but not limited to Your cancellation of the Service, unused portions of subscription periods, or unused API calls. This policy is subject only to any mandatory refund rights You may have under applicable law.

Price Changes: The Company reserves the right to change the subscription fees for Paid Tiers at any time. We will provide You with reasonable prior notice of any fee changes, typically via email or a notification on the Website, at least 30 days before the changes take effect. Your continued use of the Paid Tier after the fee change constitutes Your agreement to pay the modified amount.

VII. Permitted Use and Restrictions

Grant of License: Subject to Your compliance with these Terms and payment of any applicable fees, the Company grants You a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service and the Content solely for Your internal personal or business planning purposes, strictly in accordance with the functionalities offered and the limitations imposed by Your chosen Subscription Tier.

General Restrictions: You agree not to, and not to permit any third party to, do any of the following:

License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Service or Content available to any third party, other than as expressly permitted by these Terms and Your Subscription Tier.
Copy, modify, adapt, translate, or create derivative works based on the Service, Website, or Content, except as explicitly permitted for downloaded data under Your tier.
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service, including the underlying mechanisms of the Open-Meteo or Grasshopper APIs as used by the Service.
Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, acquire, copy, or monitor the Service or any Content, beyond the documented API limits of Your Subscription Tier (e.g., Open-Meteo call limits) or in violation of robots.txt files.
Use the Service or Content for any illegal, unethical, harmful, fraudulent, or unauthorized purpose, or in any manner that infringes or violates the rights of the Company or any third party, including the terms of service of Stripe, Grasshopper API, or Open-Meteo.
Interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Service, or damage, disable, overburden, or impair the functioning of the Service, its servers, networks, or integrated Third-Party Services (Stripe, Grasshopper API, Open-Meteo) in any manner.
Attempt to gain unauthorized access to the Service, other User accounts, or any computer systems or networks connected to the Service, including attempting to bypass security measures of Stripe, Grasshopper API, or Open-Meteo as used by the Service.
Circumvent, disable, or otherwise interfere with security-related features or usage limitations of the Service, including attempting to register multiple free accounts to bypass limits on Open-Meteo calls or other resources.
Use the Historical Data in any application or service that competes directly or substantially replicates the core offerings of the gdth Service.
Remove, obscure, or alter any copyright notices, trademarks, attributions, or other proprietary rights notices affixed to or contained within the Service or Content, including any attribution required by Open-Meteo or its underlying data sources.
Use the Service or Data in violation of any applicable laws or regulations, or in violation of the terms and conditions imposed by the underlying Data Sources (e.g., Open-Meteo's terms) or Third-Party Services (e.g., Stripe's terms, Grasshopper API's terms).

Data Source and Third-Party Service Restrictions: Your use of the Historical Data and the Service is further subject to all terms, conditions, restrictions, and policies imposed by the third-party Data Sources (accessed via Open-Meteo) and other Third-Party Services (like Stripe and Grasshopper API) from which the data originates or which provide integral functionality. These may include, but are not limited to, limitations on redistribution, specific attribution requirements (see Section VIII), prohibitions on use for certain high-risk activities, or requirements regarding data caching and storage. You agree to comply with all such applicable third-party terms. Failure to comply with Data Source or Third-Party Service restrictions constitutes a breach of these Terms. This flow-down of restrictions is essential for the Company to maintain its licenses and agreements with providers like Open-Meteo, Grasshopper API, and Stripe and ensure the continued operation of the Service.

Tier-Specific Use: The scope of permitted use, particularly regarding commercial activities and data redistribution, is strictly defined by Your Subscription Tier as outlined in Section VI and on the Website's pricing page. Use beyond the permissions granted by Your tier is a violation of these Terms.

Fair Use Policy: If You are on a Paid Tier with an "Unlimited" usage limit (e.g., for Open-Meteo API calls), this is subject to Our Fair Use Policy. The Fair Use Policy is intended to prevent unreasonable usage that could impact the performance or stability of the Service or the underlying Third-Party Services for other users. We reserve the right to define and modify the Fair Use Policy at Our discretion and may apply limits or suspend access if Your usage is deemed excessive or detrimental. *(Note: If you offer an "Unlimited" tier, create and link a specific Fair Use Policy here.)*

VIII. Intellectual Property Rights

Company Ownership: You acknowledge and agree that the Service, the Website, and all Company Content (including, but not limited to, the software, algorithms, user interface design, visual design, graphics, data compilations, data presentation methods, documentation, branding, logos, trademarks, and service marks), excluding any User-Generated Content (if applicable) and the underlying raw meteorological data owned by third-party Data Sources (accessed via Open-Meteo) or functionality provided by other Third-Party Services (Stripe, Grasshopper API), are the sole and exclusive property of the Company or its licensors. These Terms do not grant You any rights, title, or interest in or to the Service or Company Content, except for the limited license expressly granted in Section VII.

Data Source and Third-Party Service Rights: You acknowledge that the underlying raw meteorological data incorporated into the Historical Data is owned by the respective third-party Data Sources and is provided subject to their intellectual property rights and licensing terms via Open-Meteo. You also acknowledge that the functionality provided by Stripe and Grasshopper API is subject to their respective intellectual property rights and terms.

Trademarks: The Company name, the gdth name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

User Feedback: If You provide the Company with any feedback, suggestions, comments, improvements, ideas, or other information regarding the Service ("Feedback"), You hereby grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit such Feedback for any purpose, without restriction and without compensation to You.

Attribution Requirements: Depending on Your Subscription Tier and the specific Data Source (accessed via Open-Meteo), You may be required to provide attribution to the data provider when displaying or using data obtained from the Service.

Free Tier Users: Unless otherwise specified, Users on the Free Tier are required to prominently display attribution as specified by the Company or the relevant Data Source (e.g., "Weather Data Provided by Open-Meteo", "Powered by Open-Meteo") whenever Historical Data is displayed or incorporated into any publicly accessible work or application. Specific attribution requirements will be provided on the Website or within the Service and are based on the terms of the underlying data providers.
Paid Tier Users: Users on certain Paid Tiers may be exempt from attribution requirements, as specified in the details of their Subscription Tier.

Failure to comply with applicable attribution requirements is a breach of these Terms and may also violate the terms of the underlying Data Source licenses (e.g., Open-Meteo's terms). This is a critical compliance point, particularly for free usage tiers offered by data providers.

IX. Disclaimers of Warranties

"AS IS" / "AS AVAILABLE": THE SERVICE, WEBSITE, CONTENT, HISTORICAL DATA (SOURCED VIA OPEN-METEO), AND FUNCTIONALITY PROVIDED BY THIRD-PARTY SERVICES (STRIPE, GRASSHOPPER API) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Specific Disclaimers: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT:

THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
THE HISTORICAL DATA (SOURCED VIA OPEN-METEO) OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE (THIS REITERATES THE DISCLAIMER IN SECTION IV).
THE SERVICE OR THE FUNCTIONALITY PROVIDED BY THIRD-PARTY SERVICES (STRIPE, GRASSHOPPER API, OPEN-METEO) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. These disclaimers are essential due to the inherent variability and potential inaccuracies in complex meteorological data and modeling, and the reliance on third-party services. Disclaiming fitness for a particular purpose is especially important given the Service's intended use for planning, reinforcing that users must independently verify the data's suitability for their specific needs.

No Guarantee of Results: The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service.

X. Limitation of Liability

Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, DATA SOURCES (INCLUDING OPEN-METEO), OR PROVIDERS OF THIRD-PARTY SERVICES (INCLUDING STRIPE AND GRASSHOPPER API) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR CONTENT (INCLUDING HISTORICAL DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Cap on Direct Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, DATA SOURCES (INCLUDING OPEN-METEO), AND PROVIDERS OF THIRD-PARTY SERVICES (INCLUDING STRIPE AND GRASSHOPPER API) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00). This cap on liability is a standard commercial practice for SaaS and data service providers, designed to make the Company's potential financial risk exposure proportionate to the revenue received from the User, which is crucial given the potential for data to be used in high-stakes planning scenarios and the reliance on third-party services.

Basis of Bargain: YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES IN SECTION IX AND THE LIMITATIONS OF LIABILITY IN THIS SECTION X ARE ESSENTIAL AND FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

XI. Indemnification

User Obligation: You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, Data Sources (including Open-Meteo), providers of Third-Party Services (including Stripe and Grasshopper API), and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) Your violation of these Terms; (b) Your use of the Service or Content (including Historical Data), including, but not limited to, any use of the Content other than as expressly authorized in these Terms; (c) Your violation of any applicable laws or regulations or the rights of any third party, including, without limitation, any intellectual property right, privacy right, or right of publicity; or (d) Any claim that Your actions, omissions, or content submitted or transmitted through the Service caused damage to a third party, including issues arising from your interaction with or reliance on data from Open-Meteo or functionality from Grasshopper API, or your use of Stripe for payments. This clause ensures that if Your actions lead to legal trouble for the Company (e.g., due to misuse of data or violation of terms), You are financially responsible for the resulting costs and damages, protecting the Company from liabilities caused by User behavior.

XII. Governing Law and Dispute Resolution

Governing Law: These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, United States, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia. Specifying Virginia law provides legal predictability. Explicitly excluding conflict of law principles prevents disputes about which jurisdiction's laws should apply, ensuring Virginia law is consistently used.

Dispute Resolution Process:

Informal Negotiation: The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") informally first. You agree to first contact the Company at the contact information provided in Section XIV, and the Company agrees to contact You at the email address associated with Your account, to attempt to resolve the Dispute amicably.
Binding Arbitration: Any Dispute not resolved informally within sixty (60) days shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, except as modified by these Terms. The arbitration will be conducted in Fairfax County, Virginia. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Claims related to intellectual property rights or seeking injunctive relief may be excluded from this arbitration agreement.
Litigation Venue: If arbitration is not used, or for any claims excluded from arbitration, You and the Company agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state or federal courts located within, Commonwealth of Virginia. You and the Company irrevocably submit to the exclusive personal jurisdiction and venue of such courts in any such suit, action, or proceeding and waive any objection based on improper venue or forum non conveniens. Establishing venue in Virginia prevents the Company from having to defend lawsuits in potentially distant or inconvenient jurisdictions.

XIII. Modifications to Terms

Right to Modify: The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide notice. What constitutes a material change will be determined at Our sole discretion.

Notification: We will notify You of any material changes to these Terms by posting the updated Terms on the Website and updating the "Effective Date" at the top of these Terms. We may also, at our discretion, provide notice via email to registered Users or through a notification within the Service. It is Your responsibility to check these Terms periodically for changes.

Acceptance of Changes: By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, You are no longer authorized to use the Service and must cease all use immediately. This mechanism allows the Terms to adapt over time while providing a basis for asserting that users are bound by the updated version through continued use after notification.

XIV. Contact Information

Official Contact: For any questions, comments, or concerns regarding these Terms of Service or the Service, please contact the Company using the following official methods:

Email: admin@gdth.fun

XV. Privacy Policy

Reference: Your privacy is important to Us. The collection, use, storage, and disclosure of Your personal information in connection with Your use of the Service is governed by Our separate Privacy Policy.

Link: Please review Our Privacy Policy, available at privacy-policy.php, to understand Our practices regarding Your personal data.

Acceptance: By accepting these Terms of Service, You also acknowledge that You have read and understood, and agree to the terms of, Our Privacy Policy.

XVI. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or terms published by the Company on the Website or Service (including, but not limited to, pricing pages, specific tier descriptions, and any linked Fair Use Policy), shall constitute the entire agreement between You and the Company concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Waiver: No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and void. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Headings: The section headings used in these Terms are for convenience only and shall not be given any legal import or affect the interpretation of these Terms.

XVII. Legal Disclaimer

Disclaimer: These Terms of Service are provided for informational purposes only and does not constitute legal advice. The gdth website owner strongly recommends that You consult with a qualified legal professional licensed in Your jurisdiction to review and tailor these terms to Your specific business operations, target audience, data handling practices, and intended use cases. A legal professional can help ensure these Terms are comprehensive, enforceable, and compliant with all applicable laws and regulations, including data privacy laws and consumer protection statutes, before You implement them on Your website. **Furthermore, given that you are operating as an individual without a formal business entity, seeking legal counsel on business formation is highly advisable to limit personal liability.**