Terms and conditions

These terms and conditions (“Terms”) govern your use of the Stormbell mobile application (the “App”). They are an agreement between you and Boilerplate LLC (“Boilerplate LLC”, “we”, “us” or “our”). By agreeing in the App, or by using it, you agree to them. If you do not agree, do not use the App. These Terms are a binding contract even though they are electronic and not signed.

The App’s Disclaimer and Privacy Policy, both linked from the App and from our website, form part of these Terms.

Age requirement

You must be at least 18 years old to use the App. By using it, you confirm that you are.

What the App is

The App shows alerts published by the US National Weather Service, including some it relays for other agencies, for places you choose and for your phone’s location if you allow it. It tries to notify you on your phone when an alert matches your settings, but it cannot promise to, as explained below.

The App is published by a private company. It is not a government service, and it is not affiliated with, endorsed by or operated by the National Weather Service, NOAA or any government agency.

It is not a replacement for official warnings. The App can deliver an alert late, or not at all, for many reasons, some of them outside our control. Keep your phone’s built-in emergency alerts turned on, and follow official warnings and instructions from the National Weather Service and your local authorities. Please read the Disclaimer before relying on anything the App shows.

Price

The App is free to download from the App Store and Google Play. There are no in-app purchases or subscriptions.

Your license to use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own non-commercial use. The license is subject to these Terms and to the terms of the store you downloaded the App from.

You may not:

• copy, modify, sell, rent, sublicense or distribute the App itself;
• reverse engineer or decompile the App, except where the law allows it despite this restriction;
• interfere with or disrupt the App, or the services it connects to, including by sending the weather service requests the App would not send;
• use the App to break any law;
• present the App’s own content, such as its map, labels or notifications, as the weather service’s, or present anything in the App as endorsed by us or by any government agency.

Weather information in the App

Where it comes from. Alerts, their wording, and the areas they cover come from the National Weather Service. The App shows the weather service’s own text without rewriting it.

What the App adds itself. These come from the App, not the weather service:

• the outline map, its colors and the marks for your places;
• the “unclear” label;
• the notifications, their sounds, and the test notifications you send yourself;
• the App’s own messages, such as “No alerts for Home right now”, and the time it last checked.

The map is approximate. “No alerts” means only that the weather service returned none at the last check, for the point the App used.

Weather information can be delayed, incomplete or wrong, and alerts can change or be cancelled at any time. The Disclaimer explains how.

Automatic updates

The App can download corrected versions of its own software without a visit to an app store. The Privacy Policy describes what those checks send. We may change, suspend or stop offering any part of the App, or the App as a whole, at any time.

Feedback

If you send us feedback, suggestions or reports, you allow us to use them to improve the App, without payment or obligation to you. Do not include anything you are not entitled to share, or anything confidential.

Third-party services and links

The App relies on services run by others, and it links to websites we do not control:

• the National Weather Service, for alerts;
• Google’s push service (Firebase Cloud Messaging), for delivering alerts;
• Expo, for software updates;
• Tally, for the feedback form;
• Apple and Google, whose phone software provides the App’s location, notifications, background checks and backups.

Their own terms and privacy policies apply to your use of them. We are not responsible for the content, availability, products or practices of any third party, including the availability or accuracy of the National Weather Service’s information.

Privacy

The Privacy Policy describes what the App sends, to whom, and what we keep. It is part of these Terms.

Disclaimer of warranties

The App and everything in it is provided “as is” and “as available”. Your use of it is at your own risk. To the fullest extent the law allows, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant:

• that the App will deliver any alert, or deliver it in time;
• that it will be uninterrupted, timely, secure or error-free;
• that any information in it is accurate, complete or current;
• that it will meet your needs;
• that defects will be corrected.

No advice or information you obtain from us or through the App creates any warranty not expressly stated in these Terms.

Limitation of liability

To the fullest extent the law allows, Boilerplate LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, punitive, cover or consequential damages. That includes:

• lost profits, revenue, goodwill or data;
• personal injury or property damage arising from an alert that was late, missed, inaccurate or not delivered;
• any decision you make, or action you take, in reliance on the App.

That applies however those damages are caused and under any theory of liability, even if we were told they were possible.

To the fullest extent the law allows, our total liability for anything relating to the App is limited to the greater of one US dollar or the amount you paid for the App.

Some jurisdictions do not allow some of these exclusions or limits, so they may not apply to you in full.

Indemnification

You agree to indemnify and hold harmless Boilerplate LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors against any third-party claim, and the losses, damages and costs (including reasonable legal fees) arising from it, that results from your misuse of the App or your breach of these Terms.

Ending these Terms

You may stop using the App at any time by deleting it. We may suspend or end your right to use the App if you break these Terms. These sections survive the end of these Terms:

• weather information;
• warranties;
• liability;
• indemnification;
• governing law.

Governing law and disputes

These Terms, and any dispute arising out of or relating to them or to the App, are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict-of-law rules. The exclusive venue for any such dispute is the state and federal courts located in Virginia, and you submit to their personal jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

App Store terms (if you downloaded the App from Apple)

If you downloaded the App from Apple’s App Store:

• Who the agreement is with. These Terms are between you and Boilerplate LLC only, not Apple. Boilerplate LLC, not Apple, is solely responsible for the App and its content.
• Where you may use it. Your license is limited to Apple-branded products you own or control, and to the uses permitted by the App Store’s Usage Rules.
• Support. Apple has no obligation to provide any maintenance or support for the App.
• Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent the law allows, Apple has no other warranty obligation for the App. Any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are our responsibility, to the extent these Terms do not disclaim them.
• Claims. Boilerplate LLC, not Apple, is responsible for addressing any claims you or a third party have relating to the App or your possession or use of it. That includes product-liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer-protection, privacy or similar law.
• Intellectual property. If a third party claims that the App, or your possession and use of it, infringes their intellectual property rights, Boilerplate LLC, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
• Export. You confirm that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

If you downloaded the App from Google Play, Google Play’s terms also apply to your download and use of it.

Changes to these Terms

We may change these Terms. When we do, we change the “Last updated” date at the top of this page. The App carries that date. When the Terms have changed since you last agreed to them, the App asks you to agree to the new Terms the next time you open it after it has received the new date, which comes with an app update. Until you agree, the App keeps checking for alerts and notifying you under the Terms you agreed to before.

General

These Terms, with the Disclaimer and the Privacy Policy, are the whole agreement between you and us about the App.

• Severability. If any part of them is found unenforceable, that part is limited to the minimum extent necessary and the rest stays in effect.
• No waiver. Our not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition or sale of all or substantially all of our assets.

Contacting us

support@boiler-plate.com https://boiler-plate.com/contact

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