Free Trial Terms and Conditions

1. Provider and Acceptance

The Free Trial is provided by Weatherwise S.A.S., a company incorporated in France (“Weatherwise,” “we,” or “us”). (Contact: support@weatherwise.fr).

These Free Trial Terms and Conditions (“Terms”) govern the access to and use of Weatherwise’s weather forecasting data services made available on a free-of-charge trial basis (“Free Trial”).

Digital Acceptance: By clicking “Accept,” accessing, or using the Free Trial, the accepting business entity (“Customer”) agrees to be bound by these Terms.

2. Purpose of the Free Trial

The Free Trial is provided solely to allow Customer to evaluate Weatherwise’s weather forecasting data in a pilot or proof-of-concept context prior to entering into a separate, paid commercial agreement.

No obligation exists for either party to enter into any subsequent agreement.

3. Free Trial Scope and Limits

3.1 Forecast Usage Limits: During the Free Trial, Customer may request and receive up to ten (10) forecast runs in total (“Forecasts”).

• A “Forecast” means a single forecast generation run for one location or site, consisting of a bounded geographic area (not a single point) within a radius specified by Weatherwise.
• If multiple locations require separate forecast runs, each run counts as one Forecast.

3.2 Time Limit: The Free Trial is available for a maximum period of thirty (30) days from the Free Trial Activation Date.

3.3 Free Trial Activation Date: The Free Trial begins on the date when both of the following have occurred:

• Customer has accepted these Terms; and
• Weatherwise delivers the first Forecast to Customer.

3.4 One Trial Per Company: Customer may participate in one (1) Free Trial per company.

3.5 Designated Contact: Customer shall designate one (1) primary contact person responsible for all Free Trial communications, requests, and usage.

4. Delivery and Availability

4.1 Delivery Method: Forecasts will be delivered via FTP and/or API, as determined by Weatherwise.

4.2 No Service Level Commitment: Weatherwise will use commercially reasonable efforts to deliver Forecasts as scheduled; however, the Free Trial is provided without any service level guarantees, uptime commitments, or warranties of availability.

5. License and Permitted Use

5.1 Ownership: All intellectual property rights in the Forecasts, data, models, methodologies, and related materials (“Data”) remain exclusively with Weatherwise.

5.2 License Grant: During the Free Trial, Weatherwise grants Customer a limited, non-exclusive, non-transferable, sublicensable license to use the Data solely for evaluation pilots.

5.3 Sublicensing to End Users: Customer may sublicense limited access to the Data to a restricted number of end users (“End Users”) only for the evaluation of Customer’s services, provided that:

• (i) no fees or other consideration are charged for access to the Data;
• (ii) the Data is not provided on a standalone basis;
• (iii) End Users are bound by written terms no less restrictive than these Terms; and
• (iv) no onward sublicensing is permitted.

5.4 Commercial Evaluation Use: Customer may use the Data internally and as part of limited pilot offerings for evaluation purposes during the Free Trial. No separate license fee is required during the Free Trial.

5.5 Restrictions: Except as expressly permitted above, Customer shall not:

• redistribute or disclose the Data beyond the permitted evaluation context;
• reverse engineer, decompile, or attempt to extract underlying models or methodologies;
• use the Data to develop or train a competing data or forecasting product.

6. Data Retention

Upon expiration or termination of the Free Trial, Customer may retain Forecasts solely for internal evaluation or archival purposes and for no other use unless authorized under a subsequent written agreement.

7. Modifications and Termination

Weatherwise reserves the right, at any time and without notice, to:

• (i) modify these Terms or the Free Trial offering; or
• (ii) suspend or cancel the Free Trial.

Termination does not create any liability for Weatherwise.

8. Disclaimer of Warranties

THE FREE TRIAL AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER USES THE FREE TRIAL AT ITS SOLE RISK.

WEATHERWISE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING AS TO ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WEATHERWISE DOES NOT WARRANT THAT THE DATA WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS.

9. No Reliance; No Pre-Contractual Statements

Customer acknowledges that:

• it has not relied on any statements, forecasts, representations, or promises outside these Terms;
• no oral or written statements made prior to acceptance form part of this agreement; and
• the Free Trial does not constitute a commitment regarding future product features, performance, or availability.

10. Limitation of Liability

11. No Master Agreement

Any paid services will be governed solely by a separate written commercial agreement. No terms are implied, and no master agreement is formed by participation in the Free Trial.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of France, excluding conflict-of-laws principles. The courts of France shall have exclusive jurisdiction.

13. Waiver and Severability

Failure to enforce any provision shall not constitute a waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

14. Entire Agreement & Hierarchy

These Terms constitute the entire agreement between the parties regarding the Free Trial and supersede all prior discussions or understandings.

Hierarchy of Documents: In the event of any conflict between these Free Trial Terms and the general Website Terms of Use, these Free Trial Terms shall prevail regarding the use of the Data and Services.