TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Terms and Conditions set out who we are, the services we offer, and other important terms that govern your use of the Rain Now mobile app. By using our App, you agree to be bound by these Terms.

Within these Terms, the following definitions apply:
– Website – Our official website located at https://nowinnov.com/.
– App – Our mobile application available under the name “Rain Now” on Google Play, Apple App Store, and Huawei AppGallery.
– Rain Now Services – The services provided through our App.
– Rain Now (also referred to as “We”, “Us”, or “Our”) – The provider of Rain Now services. For the App versions available on Google Play and Apple App Store, the service provider is Now Innov LLC, a Private limited company registered in England and Wales under Company Number 15901789.
– User (also referred to as “You” or “Your”) – Any individual who accesses or uses our App.

Where do these Terms and Conditions apply?

These Terms apply to your use of the Rain Now mobile application (the “App”).
By accessing or using Rain Now, you confirm that:
* You are at least 13 years old, or meet the minimum legal age required in your country;
* You have read, understood, and accepted these Terms; and
* You agree to be legally bound by them.

What services do We provide?

Rain Now collects and aggregates data from a wide range of weather radar sources across various countries to create a unified, accurate precipitation map for the regions we cover.

Our goal is to deliver:
* Short-term precipitation forecasts
* Temperature forecasts
* Weather alerts
* Location-based insights for both your current and selected areas

Please note that Rain Now does not provide data on humidity, wind conditions, or UV index.
To learn more about the services offered by Rain Now, please refer to the About section within the App.
We reserve the exclusive right to modify, expand, or limit the scope and terms of Rain Now services at any time, without prior notice or your explicit consent. Any such updates will be reflected in these Terms and/or directly in the App.

Description of the Rain Now services

Access to Rain Now is provided free of charge for all Users. However, certain additional features and services may require a paid subscription, which is entirely optional.
Rain Now relies on data obtained from various weather radar sources across different countries. While we aim to provide accurate and timely information, we do not guarantee the correctness, accuracy, or availability of the data received from these third-party sources. If you are the rightful owner of any data and object to its use, please contact us at contact@nowinnov.com. For more details, refer to our open letter on radar data.
We do not guarantee that the Rain Now App will be continuously available, free of errors or interruptions, or accessible in all countries or geographic regions.
The official Rain Now App is available exclusively via Google Play, Apple App Store, and/or Huawei AppGallery. We are not responsible for any issues, damages, or infringements resulting from the download or use of the App from unauthorized third-party sources.
We reserve the exclusive right to restrict, suspend, or terminate your access to the App at any time without prior notice. Additionally, the App and its content may be updated, changed, or discontinued at our discretion without notice.

Subscription

You can purchase a subscription to get additional features on Our App.

This monthly or yearly paid subscription includes such features:

• No advertisement within the App

• Unlimited alerts when rain arrive

• 24h/48h precipitation charts

Your Rain Now subscription begins upon successful payment and continues until the final day of the paid period, as specified at the time of purchase.

If, due to an internal error on our part, the paid features or additional services included in your subscription become unavailable to you, we will either issue a refund or provide an appropriate alternative solution. However, Rain Now is not responsible for any inability to access paid features caused by limitations or issues with your device’s hardware or software.

We reserve the exclusive right to introduce, modify, or discontinue any paid services or subscription features within the App at any time, without prior notice or your explicit consent. This includes, but is not limited to:

• Changes to subscription pricing

• Modifications to trial periods

• Introduction or removal of promotional pricing or terms

Please note that, in addition to these Terms, the terms and conditions of the respective app marketplaces (such as Google Play, Apple App Store, or Huawei AppGallery) regarding payment, subscription management, and refunds will also apply to you.

Price and payments

The price of a Rain Now subscription is determined based on your location and local currency, and may vary between regions. The exact subscription price for your selected plan will always be clearly displayed at the time of purchase within the App.

All monthly and yearly subscriptions are set to automatically renew and will be charged at the beginning of each new billing cycle.
We may also offer free time-based trial periods for certain subscriptions. When available, the trial duration and conditions will be clearly communicated within the App, such as on promotional banners or splash screens.
To the extent permitted by applicable law:
* Payments are non-refundable, and we do not offer partial refunds for unused features or time remaining in your subscription.
* If you choose to cancel your subscription, you will retain access to the premium features until the end of the current billing cycle.
* The cancellation will take effect after the current billing period ends, and no additional charges will be made.
For details on how to cancel your subscription, please follow the official instructions provided by your respective app store:
Apple App Store
Google Play
Huawei AppGallery

Intellectual property rights

To the fullest extent permitted by law, Rain Now shall not be liable for any incidental, indirect, punitive, or consequential damages — including, but not limited to, lost profits or damages resulting from third-party claims — arising from your use of the Rain Now App or the radar data and services it provides.

You agree to defend, indemnify, and hold harmless Rain Now (operated by Now Innov LLC), its affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, and expenses — including reasonable legal and accounting fees — that arise from:

• Your breach of these Terms and Conditions

• Your access to, use, or misuse of the Rain Now App or its content

• Any violation of applicable laws or third-party rights in connection with your use of the App

This obligation remains in effect even after you stop using the App.

Limitation of liabilities and indemnification

To the fullest extent permitted by law, Rain Now shall not be liable for any incidental, indirect, punitive, or consequential damages — including, but not limited to, lost profits or damages resulting from third-party claims — arising from your use of the Rain Now App or the radar data and services it provides.

You agree to defend, indemnify, and hold harmless Rain Now (operated by Now Innov LLC), its affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, and expenses — including reasonable legal and accounting fees — that arise from:

• Your breach of these Terms and Conditions

• Your access to, use, or misuse of the Rain Now App or its content

• Any violation of applicable laws or third-party rights in connection with your use of the App

This obligation remains in effect even after you stop using the App.

Governing law and dispute resolution

These Terms and Conditions, and any claims or disputes (whether in contract, tort, or under statute) arising from or related to them, are governed by and interpreted in accordance with the laws of the United States of America and the State of Delaware, without regard to its conflict of law principles.

Any legal dispute concerning the use of the Rain Now App or the services provided under these Terms shall be subject to the exclusive jurisdiction of the courts of the United States of America, specifically those located within the State of Delaware.

Before pursuing formal legal action, all disputes or disagreements arising in connection with these Terms shall first be addressed through good faith negotiations between the parties. For the purpose of resolving such disputes, you agree that communication via email to contact@nowinnov.com shall constitute a valid and binding method of correspondence.

Contact Us

You have the right to contact us regarding any issue related to the Rain Now services or the App by emailing us at contact@nowinnov.com

We are committed to responding to all such inquiries without undue delay and always within 30 days of receiving your message.

Changes to these Terms and Conditions

These Terms and Conditions came into effect on September 1st, 2024, and are subject to change or occasional updates at our sole discretion. We encourage you to review them periodically to stay informed of any modifications.