Terms of Service
Last updated: December 19, 2025
1. Acceptance of Terms
By accessing or using Send the Weather ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.
We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.
2. Description of Service
Send the Weather is an entertainment service that allows users to send virtual "weather gifts" to recipients. The Service monitors real weather conditions at specified locations and sends email notifications when the selected weather type occurs.
The Service does not control, create, or guarantee actual weather conditions. Weather delivery depends entirely on natural weather patterns at the recipient's location.
3. No Guarantee of Delivery
You understand and agree that:
- Weather is unpredictable and certain weather types may never occur at a given location
- Some weather types (such as tornadoes) are rare events that may take months or years to occur, if ever
- We cannot guarantee when or if a weather gift will be "delivered"
- Weather detection relies on third-party weather APIs which may have inaccuracies or outages
- The Service is provided for entertainment purposes only
4. Gift Expiration
Weather gifts have a validity period of one (1) year from the date of purchase. If the selected weather type does not occur at the recipient's location within this period, the gift will expire and be automatically deleted from our system.
Once a gift is delivered (weather detected), it will be retained for two (2) weeks and then automatically deleted.
5. No Refunds
All purchases are final and non-refundable. Due to the nature of the Service:
- No refunds will be issued if the weather gift is not delivered
- No refunds will be issued if the gift expires before delivery
- No refunds will be issued for incorrect recipient information provided by you
- No refunds will be issued for change of mind
By making a purchase, you acknowledge that you understand and accept this no-refund policy.
6. Service Modifications and Termination
We reserve the right to:
- Modify, suspend, or discontinue the Service at any time without notice
- Delete any gift or user data at our sole discretion
- Change pricing, features, or availability without prior notice
- Terminate accounts that violate these Terms
- Remove content that we deem inappropriate or harmful
We are not liable for any loss or inconvenience caused by Service modifications or termination.
7. User Conduct
You agree not to:
- Use the Service for any unlawful purpose
- Send gifts to recipients who have not consented to receive emails
- Provide false or misleading information
- Attempt to circumvent security measures or abuse the Service
- Use automated systems to access the Service without permission
- Include offensive, harmful, or inappropriate content in messages
8. Intellectual Property
All content, trademarks, and intellectual property related to the Service are owned by Send the Weather or its licensors. You may not copy, modify, distribute, or create derivative works without our express written consent.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:
- Merchantability and fitness for a particular purpose
- Accuracy of weather data or detection
- Uninterrupted or error-free service
- Security of data transmission
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEND THE WEATHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits or revenue
- Loss of data
- Emotional distress or disappointment
- Service interruptions or errors
Our total liability shall not exceed the amount paid by you for the specific gift in question.
11. Indemnification
You agree to indemnify and hold harmless Send the Weather, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction.
13. Contact Information
For questions about these Terms of Service, please contact us at:
Email: support@sendtheweather.com
By using Send the Weather, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.