Terms of Service
Last updated January 2025
Acceptance
By using the App you acknowledge that:
You are at least 13 years of age
You’ve read, accept, and agree to be bound by these terms of service
You agree to resolve any disputes you might have with Element in binding arbitration as described below
Use of the App and Services is subject to the Privacy Policy, which is hereby incorporated into these Terms by reference. These Terms also include any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the App. The App is available in the Apple App Store, which has its own additional terms, conditions and usage rules that govern your use of the App.
If you don’t accept these terms and don’t want to be bound by them, don’t use the Element app.
Definitions
You’ll find these words used throughout these terms of service, and they are used with the following intended definitions:
Terms - These terms of service
Privacy Policy - Element’s privacy policy
You - The individual reading the Terms
Element - Etcetera Weather LLC and its agents, including its officers, employees, consultants, and representatives
App - The Element weather app found in the Apple App Store and where these Terms are posted
Services - The App and the Element marketing website, email notifications, and any and all related services
User - Each user of the App for any purpose
Modifications
From time to time the Terms are likely to change as Element evolves. If you continue to use the App following changes to the Terms, you agree to accept the changed Terms in full.
Disclaimer
Element is not liable for improper use of the Services by its Users, and disclaims any and all liability for improper use.
All information provided by you is your responsibility. Element takes no responsibility for any of it, and assumes no liability that might be associated with it.
Rights to the Services
Element retains all other rights in the Services and all related intellectual property rights. Nothing in these Terms shall be understood to grant you a license to any of these rights, and you agree not to adapt, create derivative versions, or use any of the Services for any purpose other than as intended. Use of any of these materials for any other purpose is strictly prohibited.
Element will from time to time invite users to share their reactions to, and ideas for improving, the Services, and any information you provide is provided freely and without restriction. Element is free to use such information without additional compensation to you.
License
Element grants you a limited, personal, non-commercial license to use this app. You may not sell, modify, or redistribute the App or its contents. This license can be terminated by Element at any time for any or no reason.
Restricted use
You may not do any of the following:
Share, sell, rent, or give the Services away
Make copies of the App
Make the App available for download by others
Interfere with the App's operation through automated or manual means
Try to break the App's security
Modify, reverse-engineer, or tamper with the App's code
Create works based on our Services
All modifications and improvements to the Services remain our property. You may only use the Services for your personal use on devices you own or control.
App updates
The App may automatically update to add or remove features or fix issues, and updates may be required to continue using the Services. Element may discontinue support for older versions of the App.
Purchases and subscriptions
Element offers free and premium subscriptions to certain Services on monthly or annual plans. Subscriptions automatically renew at the stated subscription rate and are processed using the same billing cycle as the existing subscription. By subscribing you agree to and authorize automatic and recurring billing, and you agree to pay the relevant charges made to your account. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and regular billing of your account, will continue indefinitely until cancelled by you.
If you wish to cancel a subscription to the Services, you may do so at any time by following the Apple App Store instructions or via the subscription settings in your iTunes account. Cancellations take effect at the end of your current billing period. For example, if you cancel a monthly plan mid-month, you'll have access until the end of that month.
No refunds are provided once payment has been received.
Features and location data
App features may change over time and include services from Element and its partners. While location data is provided for basic navigation, it should not be used where precise location is critical for safety. Neither Element nor its partners guarantee the accuracy or reliability of any location data.
Weather data sources
Our weather data comes from multiple sources, including:
National Weather Service (NWS)
National Oceanic and Atmospheric Administration (NOAA)
Environmental Protection Agency (EPA)
Element is not affiliated with or endorsed by these providers, nor is it in control of the data provided by them or their methodologies for gathering it.
Consent and security
You consent to have the information you submit to Element collected, used, transferred, and processed in accordance with the Privacy Policy, and consent to receive emails for promotional purposes directly from Element. Your interactions with the Services will be collected with those of other Users and reported and reviewed in a non-personalized fashion for purposes of reviewing Services performance and informing the continued evolution of Element’s Services. Your individual keystrokes and actions might be recorded and replayed using session replay technology for the same purposes.
To protect your privacy, Element uses commercially reasonable practices to ensure data security but no technical solution is perfect and Element cannot guarantee that no unauthorized third party will ever gain access to the information you submit or use it for improper purposes. You acknowledge this risk and accept it as a term for using the Element Site and Services.
You also play a key role in protecting your own privacy. You are responsible for any activity that occurs on your account, and share your password or documents with third parties at your own risk. You must keep your password secure and may only use another User’s password if you have express permission to do so. Element is not liable for any damage that occurs due to use of your account by a third party, and you may be held liable for losses incurred by Element due to someone else’s use of your account.
DMCA notice
Element will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (the DMCA). If you are the owner of copyrighted work that you believe is being infringed on the Element Site, submit the following information in writing to DMCA Claims, Etcetera Weather LLC, 2 Beaufain Street, Charleston, South Carolina 29401:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner
Identification of the copyrighted work that you claim has been infringed
Identification of the material that is claimed to be infringing and where it is located on the Services
Information reasonably sufficient to permit Element to contact you, such as your address, telephone number, and, e-mail address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner
If you knowingly misrepresent infringement of copyright by online material, you may be subject under federal law to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
Apple App Store
These Terms are between Element and you. Apple is not a party to these Terms, is not responsible for the Services, and has no obligation whatsoever to furnish any maintenance or support services with regard to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or a third party relating to the App, the Services or your possession or use of the App and Services, including without limitation (a) product liability claims; (b) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that an App or your possession and use of the App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Element expressly authorizes use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
Indemnity
You agree to defend, indemnify, and hold harmless Element and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or information transmitted or received by you; (ii) your violation of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information uploaded by you or any that is submitted via your account; or (vi) any other party's access and use of the Site and Services with your unique username, password or other appropriate security code.
No warranty
The Services are provided on an “as is” and “as available” basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable, law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Element or through the Services will create any warranty not expressly stated herein.
Without limiting the foregoing, Element and its licensors do not warrant that the content of the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Services.
Limitation of liability
To the maximum extent permitted by applicable law, in no event will Element, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services.
Under no circumstances will Element be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or your account or the information contained therein. To the maximum extent permitted by applicable law, Element assumes no liability or responsibility for any of the following:
Errors, mistakes, omissions, or inaccuracies of content
Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services
Unauthorized access to or use of our secure servers and/or any and all personal information stored therein
Interruption or cessation of transmission to or from the Services
Bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party
Loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services
Content submitted or uploaded or the defamatory, offensive, or illegal conduct of any third party
Element explicitly disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party. In no event shall Element, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Element. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Element has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Region of use
Element is only intended for use in the United States and the Services are directed solely at residents located in the United States. The Services are inappropriate for use in other jurisdictions, and Element makes no representation of their suitability outside the United States. Users who make use of the Services from other jurisdictions do so at their own volition and risk. You may not use the Services if you are a resident outside the United States of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Assignment
These Terms, and any rights and licenses granted by them, are not assignable by you to any other party. They may be transferred by Element without restriction.
Controlling law and jurisdiction
You agree that the Services shall be deemed solely based in South Carolina, and the Services shall be deemed passive that do not give rise to personal jurisdiction over Element, either specific or general, in jurisdictions other than South Carolina.
You expressly agree that your rights and obligations, these Terms and any disputes shall be governed by and interpreted in accordance with the laws of the state of South Carolina. Any claim or dispute between you and Element not submitted to arbitration in accordance with the Dispute Resolution section of these Terms that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in South Carolina. You also acknowledge and agree that you are waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Element otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
Dispute resolution
Any dispute, claim, or controversy arising out of these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and Element are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Element otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute resolution” section will survive any termination of these Terms.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Unless you and Element otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Element submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Element will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Element will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modifications” section above, if Element makes material changes to this “Dispute resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending written notice (including by email) to Element within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Element's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Element in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Notification procedures
When needed, Element will provide notice to you via email, written, or hard copies, or by posting notices on the Services in conspicuous locations. Any automatic filtering by your email provider is your own responsibility, and not Element’s. Other than when required by law, Element has sole discretion to decide when notification is required and what form is most appropriate.
Severability
These Terms represent the entire agreement between Element and you. The agreement, together with any amendments and any additional agreements you may enter into with Element in connection with the Services, shall constitute the entire agreement between you and Element concerning the Services. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Element's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.