Terms of Service
Please read these Terms of Service ("Terms") carefully before using The Damn Weather application ("the app," "we," "our," or "us"). By downloading, installing, or using the app, you agree to be bound by these Terms. If you do not agree, do not use the app.
1. About the App
The Damn Weather is a weather application that provides forecasts, current conditions, and severe weather alerts using data from Apple WeatherKit. The app also provides weather descriptions with a sarcastic tone, available in clean and explicit language modes.
This agreement is between you and Hivewerks, LLC ("the developer"), not with Apple Inc. Apple is not responsible for the app or its content. However, Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.
2. License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on any Apple-branded device that you own or control, subject to the Apple Media Services Terms and Conditions. This license does not allow you to use the app on any device you do not own or control, and you may not distribute or make the app available over a network where it could be used by multiple devices at the same time.
You may not:
- Copy, modify, or distribute the app or its content
- Reverse engineer, decompile, or disassemble the app
- Remove or alter any proprietary notices or labels
- Use the app for any unlawful purpose
- Attempt to gain unauthorized access to any part of the app
- Use the app in a way that could damage, disable, or impair its functionality
- Reproduce, republish, or redistribute weather phrases or content from the app
3. Weather Data Disclaimer
The weather information, forecasts, alerts, and conditions displayed in The Damn Weather are sourced from Apple WeatherKit and its underlying data providers. We do not independently verify, generate, or guarantee the accuracy of this data.
We make no warranty or representation regarding:
- The accuracy, completeness, or timeliness of any weather data
- The reliability of severe weather alerts or their delivery timing
- The suitability of weather information for any particular purpose
- The continuous availability of weather data services
3.1 Severe Weather Alerts
While the app displays severe weather alerts, these are informational only. They are not a substitute for official warnings from the National Weather Service (US), Environment and Climate Change Canada, the Met Office (UK), or your national meteorological authority. You are responsible for monitoring official channels for life-safety weather information.
3.2 Not an Official Weather Service
The Damn Weather is an independent third-party application. It is not affiliated with, endorsed by, or a replacement for any governmental weather agency. For official forecasts, watches, and warnings, consult your local meteorological authority.
3.3 Weather Data Attribution
Weather data is provided by Apple Weather. For information about data sources, see Apple Weather Legal Attribution.
4. Explicit Language Mode
The app includes an optional explicit language mode that displays weather descriptions containing profanity and crude humor. This feature is subject to the following conditions:
- Age requirement: Explicit mode is intended for users aged 16 and older. By enabling explicit mode, you confirm that you meet this age requirement.
- Opt-in only: Explicit mode is disabled by default. The app launches in clean mode and will only display explicit content after you deliberately enable it and confirm your choice.
- Your responsibility: You are responsible for managing this setting, particularly if your device is shared with or accessible to minors.
- Entertainment only: Explicit phrases are generated for humorous entertainment. They do not affect the accuracy of the underlying weather data.
The app is rated 16+ on the App Store. The clean mode contains no profanity and is suitable for all audiences.
5. No Data Collection
The app does not collect, transmit, or store your personal information on any external server. All user data (preferences, saved locations, cached weather) is stored locally on your device. Your location is sent to Apple WeatherKit solely to retrieve weather data and is not linked to your identity.
For full details on how the app handles your information, please review our Privacy Policy.
6. Disclaimer of Warranties
To the greatest extent permitted by applicable law, the app is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied.
We expressly disclaim all warranties, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of weather data
- Uninterrupted or error-free operation
- Freedom from viruses or harmful components
- That the app will meet your specific requirements
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.
7. Limitation of Liability
To the greatest extent permitted by applicable law, in no event shall The Damn Weather, Hivewerks, LLC, or its affiliates be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, goodwill, or other intangible losses
- Damages arising from your reliance on weather data provided by the app
- Damages resulting from any interruption or unavailability of the app
- Damages arising from unauthorized access to your data stored on your device
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.
The app is provided free of charge. You acknowledge that the limitations of liability in these Terms are reasonable given that no payment has been made.
8. Indemnification
You agree to indemnify, defend, and hold harmless The Damn Weather and Hivewerks, LLC from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use or misuse of the app
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Any decision you make based on weather information from the app
This indemnification does not apply to the extent that a claim arises from our gross negligence or willful misconduct.
9. Intellectual Property
All content, features, functionality, visual design, graphics, trademarks, logos, and weather phrases (both clean and explicit) are the exclusive property of The Damn Weather and Hivewerks, LLC, protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the app without prior written permission.
If you provide feedback, suggestions, or ideas about the app, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use that feedback for any purpose without compensation or attribution to you.
10. Third-Party Services
The app uses the following Apple services:
- Apple WeatherKit for weather data, forecasts, and alerts
- Apple MapKit for location search and reverse geocoding
These services are governed by Apple's own terms and privacy policies. We are not responsible for the availability, accuracy, or performance of Apple's services. If Apple discontinues or modifies WeatherKit, certain app features may be affected.
The app does not integrate with any other third-party services, SDKs, or APIs.
11. App Availability and Updates
We do not guarantee that the app will be available at all times or in all regions. We may, at our discretion:
- Update, modify, or discontinue the app or any feature at any time
- Temporarily suspend access for maintenance or updates
- Remove the app from the App Store
We are not obligated to provide updates, bug fixes, or support, though we may do so at our discretion. Any updates to the app are subject to these Terms unless accompanied by new terms.
12. Termination
These Terms remain in effect until terminated. You may terminate this agreement at any time by deleting the app from your device.
We may terminate or suspend your access to the app at any time, without prior notice, if you violate these Terms or for any other reason at our discretion. Upon termination, your license to use the app is immediately revoked.
Sections 3 (Weather Data Disclaimer), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), and 9 (Intellectual Property) survive termination of these Terms.
13. Changes to These Terms
We may update these Terms from time to time. When we make changes, we will update the "Effective Date" at the top of this page. We encourage you to review these Terms periodically.
Your continued use of the app after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you should stop using the app and delete it from your device.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
For users in the European Union, United Kingdom, Australia, or other jurisdictions with mandatory consumer protection laws: nothing in these Terms affects your statutory rights that cannot be waived or limited by contract. Any mandatory local consumer protections continue to apply regardless of the governing law chosen above.
15. Dispute Resolution
If you have a dispute arising from these Terms or your use of the app, we encourage you to contact us first at the address below to seek an informal resolution.
If we cannot resolve the dispute informally, you agree that any legal action shall be brought in the courts of competent jurisdiction. Nothing in this section prevents you from bringing a claim in small claims court if your claim qualifies.
16. General Provisions
Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed. The remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the app. They supersede any prior agreements or understandings.
Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.
Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
17. Contact Us
If you have any questions about these Terms of Service, please contact us: