TERMS AND CONDITIONS OF USE

Terms And Conditions Of Use

MetGIS GmbH, registered company no. (FN) 395047b, Commercial Court of Vienna (also referred to as “MetGIS” in the following) is pleased that you (also referred to as the “user” in the following) are using its products and services (also referred to as the “weather products” in the following) or its website and related pages and sub-pages.  

MetGIS makes some weather products available to you free of charge subject to the following terms and conditions: 

1.MetGIS shall not be liable for any damage caused by the website or by the weather products from MetGIS unless this damage was caused intentionally or by gross negligence. This applies both to material as well as non-material damage and also in particular to any loss of data. 

2. MetGIS assumes no liability whatsoever for the content and data that it provides free of charge as part of its services. 

3. MetGIS also assumes no liability and provides no warranty whatsoever with respect to any defects in the free weather products and website content. 

4. By making its weather products and website content publicly available, MetGIS grants the user a right of use in this respect that may be revoked at any time. However, MetGIS retains all other rights of use in whatever form these may be. The limited right of use stated above only covers use of the services for the specific purpose in each case. Reproduction, forwarding to third parties, and similar actions are not permitted in any form whatsoever. Duplication includes, for instance, framing and caching of weather data. 

5. The user is not authorized to use the weather products or website content in the following ways:  

• Any use that is prohibited by laws, regulations, or official orders or provisions in any relevant jurisdiction. 

• In violation of the rights of others. 

• To gain unauthorized access or cause unauthorized disruption to services, devices, data, accounts, or networks. 

• For the distribution of spam or malware. 

• In a manner that could damage the services or negatively affect the use of these by others. 

• In an application or situation in which a defect in the subject matter of the contract could result in death or serious physical injury or harm to health, or in serious damage to property or the environment. 

• In any other improper or unauthorized manner. 

6. Any disputes that arise from these Terms and Conditions of Use or from the use of the weather products or website will be brought before the courts with subject matter jurisdiction in Vienna for resolution. 

7. Use of the weather products and website content as well as these Terms and Conditions of Use are subject to Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and rules on the conflict of laws. 

8. In the event that any of the above provisions are invalid or become invalid, this will not affect the validity and effectiveness of the remaining provisions. If any of the provisions are ineffective, invalid, or unenforceable, a provision that comes as close as possible to the commercial result of this provision and that is not itself ineffective, invalid, or unenforceable shall be deemed to have been agreed upon between MetGIS and the user.