Terms of Service – Meteo ICM

These Terms of Service (the “Terms”) set out the rules for using the Meteo ICM mobile application (the “Application”, “Service”) provided by the Application service provider, i.e. Meteo Sp. z o.o. with its registered office in Warsaw, ul. Tyniecka 15/17/1, 02-630 Warsaw, entered into the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000760177, NIP: 5213848136, REGON: 381910267, share capital: PLN 43,500.00 (“we”, “us”, “our”, “Service Provider”). In these Terms we refer to a person using the Application and our Services as the “User”. We also address you – as a User who uses our Services – directly, using the terms “you” and “your”.

These Terms are made available free of charge before the contract is concluded, in a manner that allows them to be obtained, reproduced and stored. The Terms can be downloaded within the Application.

All information about the processing of your personal data is contained in our Privacy Policy, which supplements these Terms. Please note that you may not use the Application unless you first read our Terms and Privacy Policy.

§1 Additional definitions

Subscription	the periodic Fee due for access to the Services within the selected Package, payable for each Subscription Period, in the amount and on the terms set out in the Price List;
Price List	a list of standard Fees assigned to individual paid Services, Packages and their scopes
Consumer	a User who is a natural person performing a legal act not directly related to their business or professional activity; and, as applicable, also an entrepreneur with consumer rights
Subscription Period (Period)	the period for which the Subscription is due and during which you may use the paid Services in accordance with the selected Package; unless the Contract provides otherwise, the Subscription Period lasts 1 month or 1 year, depending on the selected package
Fee	the monetary amount due to us from you for the Services, in particular the Subscription or other amounts indicated in the Price List
Package	a variant defining the subject-matter scope of the paid Services, in particular Meteo Plus, selected by you from among the options we make available
Technical break	a break in the availability of the Application related to the need to carry out update, maintenance or modernization works.
Contract	a contract for the provision of Services concluded between you and us, the general terms of which are set out in these Terms and which concerns the use of the Application and our Services
Contract for free Services	a Contract for the provision of Services available without a Fee, concluded for an indefinite period
Contract for paid Services	a Contract for the provision of Services covered by the selected Package, concluded for a Subscription Period in return for the Subscription paid; you are always informed in advance if particular Services are paid
Services	all services provided by us through the Application; some of the Services may constitute digital services or digital content within the meaning of the Consumer Rights Act

§2 Description of the Services

Through the Application we enable you to access our Services, in particular weather forecasts and visualizations of meteorological data (including meteograms and static and dynamic maps). The current scope of the Services, including the Services covered by individual Packages, is indicated in the Application and in the description of the individual Services. Within the Application and our Services we use meteorological data and products originating from the sources indicated in the Application or in the data source information, developed by the Interdisciplinary Centre for Mathematical and Computational Modelling (ICM) of the University of Warsaw.

The detailed availability of individual Services, including data, models and parameters, may depend on the version of the Application, your location and the availability of the data providers’ systems. The provisions of these Terms apply to all versions of the Application, subject to the differences arising from the distribution and payment rules applicable to individual platforms described in the provisions on the purchase of Packages and payments.

Using the Application, as well as the paid Services, does not require setting up an account or registering.

§3 Types of Services and duration of the Contract

Within the Application we provide Services both free of charge (e.g. making forecasts, maps, meteograms and meteorological content available) and for a fee within individual Packages. You conclude the Contract for free Services with us upon the first launch of the Application. Such a Contract is concluded for an indefinite period and lasts for as long as you use the Application. You may end your use of the free Services at any time, in particular by ceasing to use the Application or by uninstalling it.

You conclude the Contract for paid Services for a Subscription Period, which we will indicate to you directly before purchase. You may end the Contract for paid Services by cancelling the renewal for the next Subscription Period. You may do this at any time, until the end of the paid Subscription Period, by clicking the appropriate button. You retain access to the paid Services until the end of that Period. Before the end of the Subscription Period, we will remind you in the Application about the upcoming renewal, the amount of the Subscription and the date of the next charge.

§4 Data source and intellectual property

The forecast data used in the Application originates from numerical meteorological models developed by ICM UW and is made available on the basis of an agreement between the University of Warsaw and the Service Provider. Using the Application, including its individual functionalities, does not transfer to you any rights, including copyright or other rights to use and dispose of them, including the methodology and techniques for developing the forecasts and products of ICM UW. The rights to the Application, including individual Services and to the databases made available through it, belong to us or to ICM UW.

§5 Reservations regarding use of the Application

The forecast functionalities and data presented in the Application are provided for informational purposes only. They are the result of mathematical modelling, observations and the processing of data from specific sources, and are not identical to actual conditions. We do not guarantee the accuracy, completeness or timeliness of the forecast data. Due to the nature of forecasts, the actual course of the weather may differ from the information presented in the Application.

The Application does not replace announcements and warnings issued by the competent public authorities or specialized systems used in aviation, shipping, rescue services or other fields requiring official or certified information.

Bear in mind the nature of forecasts and verify the information in the relevant sources before making a decision that may affect life, health, safety or property.

Our liability and the rules on the conformity of the service with the contract are determined by the applicable law and the provisions of these Terms concerning the conformity of the Services with the Contract, as well as liability and availability of the Application.

§6 Technical requirements. Reservations

To use the Application you need: (i) a device with access to the Internet and – depending on the version – a compatible operating system (Android or iOS) or an up-to-date web browser supporting JavaScript and cookies; (ii) installation of updates to the Application, if the update is necessary to maintain the security or conformity of the service with the contract. If during the term of the Contract we change, improve or update the Application, its new version will be promptly deployed and made available to Users. The time for deploying a change, improvement or update to the Application will be appropriate to the level of sophistication and complexity of the technical changes introduced and may require a Technical break. You undertake to use the Application in accordance with applicable law, these Terms and the rights of third parties. You may not provide unlawful content through the Application.

The following are prohibited: (a) automated downloading of data from the Application (scraping, crawling) and the use of bots, scripts and other automated tools beyond the scope of normal use of the Application; (b) reverse engineering of the source code and decompilation of the Application; (c) attempts to circumvent the technical safeguards of the Application or to obtain unauthorized access to the Application, its systems or interfaces; (d) using the Application in a manner that disrupts its functioning or infringes the rights of third parties; (e) using the data and content made available in the Application for text and data mining, including for training and developing artificial intelligence models; this reservation also covers the machine-reading method indicated in the Application or on the website.

The use of data (or other content) originating from the Application is permitted solely for non-commercial purposes and with attribution of the source. Using the data for business activity, its further publication, as well as creating applications or services based on data originating from the Application, requires a separate written agreement with us or with ICM UW. This does not apply to the use of paid Services in accordance with the scope of the selected Package.

We may apply technical measures protecting the Application against excessive or automated downloading of data, in particular limits on the number of queries.

If you breach the above prohibitions, we may limit or block your access to the Application – to the extent and for the time necessary to remedy the breach. If you use paid Services and the breach is not serious, we will first call on you to cease it. The above prohibitions do not infringe your rights arising from mandatory provisions of law.

§7 Advertising

The Contract for free Services may have certain limitations. Advertisements may be displayed in the free version of the Application. Purchasing Meteo Plus disables the display of advertisements to the extent indicated in the description of that service.

Information about advertising technologies, the purposes of data processing, legal bases, data recipients and current providers is contained in the Privacy Policy and in the privacy settings panel available in the Application.

Technologies other than those necessary for the operation of the Application, and processing operations requiring consent, are activated only after obtaining your valid consent. You may refuse consent or withdraw it at any time in the privacy settings. Withdrawing consent is as easy as giving it. Refusal of consent does not limit the use of the Application’s functions for which that consent is not necessary.

On Apple devices, tracking that requires system consent is activated only after consent is obtained through the App Tracking Transparency mechanism.

§8 Packages – purchase and payments

Packages, including Meteo Plus, are our paid digital services comprising the functions that we will indicate to you directly before purchase within the selected Package.

You place an order for paid Services (a Package) through the functionality of the Application. Payment is handled by the Apple App Store, Google Play or others indicated in the Application, in accordance with the terms of the relevant store. The store provider may act as the payment processor or as the seller. Before you place an order we will show you: the main features of the Package, the amount of the Subscription, the length of the Subscription Period, the renewal rules and the date of the next charge, as well as how to cancel the renewal. The Subscription is a gross amount and includes VAT.

The Subscription is payable in advance for the entire Subscription Period. You obtain access to the paid Services upon confirmation of the purchase by the store. The Contract for paid Services (a Package) renews for the next Subscription Period, and the Subscription is charged automatically from the payment method you have provided – in the existing amount and on the existing terms. A change to the amount of the Subscription requires your acceptance in accordance with the rules of the relevant store; without it the Contract will not renew. Before the end of the Subscription Period we will remind you in the Application about the upcoming renewal, the amount of the Subscription and the charge date. If a Package does not renew automatically, we will indicate this before purchase – in that case the Contract expires at the end of the Subscription Period.

Requests regarding the technical execution of payments, account charges and the operation of the store account should be directed to the store provider directly. Refunds carried out through the store are handled in accordance with its policy. This does not limit your rights toward us, in particular the right to withdraw from the contract and rights arising from the non-conformity of the Service with the Contract.

§8 Withdrawal from the contract (applies to Consumers)

If you are a Consumer, you may withdraw from the Contract within 14 days of its conclusion, without giving a reason, unless an exception provided for in applicable law applies.

By using the free Services, you request that they be made available immediately after the first launch of the Application. Since we do not charge a Fee for them, withdrawal from the Contract for free Services amounts to ceasing to use the Application or uninstalling it, and does not involve any costs on your part.

A declaration of withdrawal should be submitted depending on the Google Play or Apple App Store procedures. The rules of the relevant store do not limit your statutory rights toward us. The provisions of this section do not limit your rights arising from the provisions concerning the non-conformity of a digital service with the contract.

§9 Conformity of the digital service with the Contract

We are liable for the conformity of the digital service with the contract on the terms arising from the Consumer Rights Act.

A digital service is in conformity with the contract if, in particular, its description, type, scope, functionality, compatibility, interoperability, availability, continuity and security correspond to the contract and to your reasonable expectations arising from the provisions of law.

If a digital service is not in conformity with the contract, you may demand that it be brought into conformity with the contract. In the cases provided for by law and for paid Services, you may make a declaration to reduce the price or to withdraw from the contract.

We will bring the digital service into conformity with the contract within a reasonable time from the moment you inform us of the non-conformity, free of charge and without excessive inconvenience to you, taking into account the nature of the service and the purpose for which it is used.

We will provide you with updates, including security updates, necessary to maintain the conformity of the digital service with the contract for the duration of the contract and, in the case of Services provided on a one-time basis – for the period you may reasonably expect, and we will inform you of their availability.

We are not liable for non-conformity arising solely from your failure to install an update, if we informed you of the update and the consequences of not installing it, and the failure to install did not result from an incorrect instruction provided by us.

The provisions of these Terms do not exclude or limit your rights as a Consumer.

§10 Complaints

Complaints regarding the operation of the Application, Meteo Plus, or the conformity of the digital service with the contract may be submitted electronically to mobile %at% meteo %.% pl. The complaint should, where possible, contain: (i) a description of the problem, (ii) the date it occurred, (iii) the expected way of resolving the matter, and (iv) contact details enabling a response. The absence of information that is not necessary to consider the complaint is not grounds for leaving it unexamined.

We will consider your complaint promptly, no later than within 14 days of receiving it. We will send the response to the e-mail address you have indicated. If you are a Consumer and we do not respond within that period, the complaint is deemed to have been accepted.

Complaints concerning solely the technical execution of a payment, an account charge or the functioning of an account in Google Play or the Apple App Store should be directed to the relevant store provider directly, in accordance with its procedure. This does not limit the possibility of submitting to us a complaint regarding the operation of Meteo Plus.

§11 Liability

We are liable for non-performance or improper performance of our obligations on the terms set out in the mandatory provisions of law. No provision of these Terms excludes or limits the Consumer’s rights arising from mandatory provisions of law, in particular rights related to the non-conformity of digital content or a digital service with the contract.

If you use the Application in connection with business or professional activity and are not covered by the protection afforded to a Consumer, our total liability for non-performance or improper performance of the Contract is limited to the amount of the net fees paid by you for the use of the Application in the 12 months preceding the event causing the damage. We are not liable to you for lost profits. The limitations set out in this paragraph do not apply to damage caused intentionally or in other cases where limitation of liability is not permitted under mandatory provisions of law.

§12 Availability of the Service

We make efforts to ensure high availability of the Application; however, we do not guarantee its uninterrupted operation. The Application may be temporarily unavailable in connection with maintenance works, updates, fault removal, force majeure or the unavailability of data providers’ systems. We will inform you in advance of planned works that may cause a significant interruption in access, insofar as this is possible.

Forecast data depends on the systems of ICM UW and may be temporarily unavailable for reasons related to the operation of the systems of the entities providing the data.

The provisions of this section do not limit your rights arising from the non-conformity of the digital service with the contract.

§13 Changes to the Terms and the Price List

We may change the Terms or the Price List for one of the justified reasons indicated below, to the extent corresponding to that reason. On the same basis we may change a digital service provided for a specified time, subject to the further provisions of this section:

changes in applicable law or the manner of its application;
issuance of a ruling, decision or recommendation by a competent authority;
a change in the functionality of the Application;
the need to ensure the security of the Application or its users;
a change in the manner of providing services or handling payments;
the introduction of new services or the discontinuation of certain functions;
a change in our identification or contact details.

A change to a digital service that goes beyond the change necessary to maintain its conformity with the contract is introduced at no additional cost to you.

We will inform you of a change concerning an ongoing contract on a durable medium at least 14 days before it takes effect. The information indicates the content of the change, its reason and the date it takes effect. Until the day the change takes effect, you may terminate the contract with immediate effect.

If a change to the digital service adversely affects your access to or use of the service, and this impact is not merely insignificant, you may terminate the contract without a notice period and without incurring costs, within 30 days of the day the change was made or you were informed of it, if the notification occurred later. This right does not apply if we enable you to retain, at no additional cost, the digital service without the change, and the service still remains in conformity with the contract.

A change to the Subscription, the billing period or other material subscription terms takes place in accordance with applicable law and the rules of the relevant store. The mere publication of amended Terms does not mean that you agree to a new charge.

The changes do not infringe rights that you acquired before they took effect.

§14 Governing law and dispute resolution

The Terms are governed by the law of the Republic of Poland. In matters not regulated, we apply the provisions of generally applicable Polish law.

In the event of a dispute arising between us in connection with the Contract, if you are a User who is at the same time a consumer, you may refer to a permanent consumer arbitration court in order to resolve the dispute. In such a case you may also refer to another arbitration court for the purpose of mediation or reaching a settlement (you may use alternative dispute resolution, ADR). To this end, you should submit to us a request for mediation or a request for resolution before an arbitration court, depending on your intention. A list and addresses of entities conducting such proceedings are available at the relevant authorities, including on their websites. If you decline to use ADR, any disputes arising from these Terms will be resolved by the common court having jurisdiction determined in accordance with the legal act applicable to you – the consumer.

§16 Contact

You can contact us by e-mail: mobile %at% meteo %.% pl. Our correspondence address: Meteo Sp. z o.o., ul. Tyniecka 15/17/1, 02-630 Warsaw.