These terms of service (the “Terms”) are the services and products provided by Hefeng Internet Technology (Beijing) Co., Ltd. (the “QWeather”, “we”) and you (the “user”) on the QWeather development platform (URL dev.qweather.com) (the “this service”) and other related matters.
These terms of service are also an integral part of QWeather Terms of Service. You can choose to accept this service by stamping, clicking on the web page to confirm, registering as our user or otherwise choosing to accept this Terms, including but not limited to if you have actually used this service without clicking to confirm the terms of service, it means that you and QWeather have reached an agreement and agree to accept these terms of service and QWeather Terms of Service all agreed content.
We will mark the terms that require your special attention in bold and underlined.
The English version of these terms of service is also provided, which is only for reference to non-Chinese users. If there is any conflict between the Chinese and English versions of the terms of service, the Chinese version shall prevail.
1.1 “QWeather”: refers to Hefeng Internet Technology (Beijing) Co., Ltd., a legal entity legally established and validly existing within the territory of the People’s Republic of China.
1.2 “Affiliated company” or “Affiliated”: refers to any company, legal organization, and the legal heirs of the aforementioned company or legal organization that a party controls, is controlled or under common control with. Control refers to (1) directly or indirectly holding more than half of the voting rights; or (2) directly or indirectly enjoying more than half of the distributable profits; or (3) directly or indirectly controlling the composition of more than half of the board of directors; or ( 4) Directly or indirectly hold half of the registered capital. The QWeather mentioned in these terms of service all include the affiliated companies of QWeather.
1.3 “Users” or “you”: refer to individuals and business entities, organizations, government departments, etc. that directly or indirectly use QWeather’s products or services in various ways.
1.4 “Data Products” or “Services”: refer to weather data products or services provided through API, SDK or other forms on the QWeather development platform (website dev.qweather.com).
1.5 “Commercial behavior” and “Commercial use”: refer to corporate behaviors that can directly and indirectly obtain economic benefits developed by using QWeather data products.
2 Service Description
2.1 This service is a meteorological data service independently developed and operated by QWeather. The content, method and quantity of the service are provided by QWeather according to the actual situation according to the actual situation.
2.2 QWeather has its own affiliates. You agree that QWeather’s affiliates can also provide you with this service.
2.3 QWeather has the right to change, modify, upgrade, maintain, and stop the service at any time, and QWeather has the right to require you to use the latest version of the service or stop providing you with an older version of the service.
2.4 This service may publish advertising content to you.
3.1 According to these terms of service, QWeather hereby grants you a non-transferable, non-sublicensable, revocable, worldwide, and non-exclusive license within a specific period of validity, so that you can use these terms of service Use QWeather’s data products in a permitted way to use QWeather’s data products in websites or applications that you develop and or operate.
3.2 Data products are free for personal and non-commercial use, but the premise is that the applications you develop and/or operate must also be free and open to the general public. If your behavior does not meet the above requirements or you want to use QWeather’s data products for commercial purposes, you need to purchase QWeather’s data products or sign a separate agreement with QWeather or obtain QWeather’s written permission in advance.
3.3 You can only use the data product functions and development documents listed in the QWeather development platform for development, and you must not use technical means not specified in the development documents to capture and use QWeather data products.
3.4 To use this service, you should indicate “weather service: QWeather” in a prominent place in the product you develop/operate and link to https://www.qweather.com . You can also use the picture style mentioned in Brand and Trademark to indicate the source.
4 Restrictions on Use
4.1 You cannot use this service for any behavior, software, website, hardware or service that violates Chinese laws and regulations.
4.2 You cannot use any method to interfere with this service, or interfere with other people’s use of this service, and users cannot use any method to attack our network and servers, including software and hardware.
4.3 You may not reverse engineer, de-edit or try to extract source code from this service or any part of this service, or obtain raw meteorological data and other data, etc.
4.4 You must not copy, change, modify, link to run or create any derivative works of this service or any meteorological data or other data released during the operation of this service and the interactive data between the client and the server during the operation of this service. Including but not limited to using plug-ins, plug-ins or unauthorized third-party tools or services to access this service and related systems.
4.5 You may not use any robots, crawlers, website search/retrieval applications or other tools to retrieve or index any part of this service, or collect information about users for any unauthorized purpose.
4.6 You cannot create or provide packaging for this service. For example, you may not conduct the following actions: (1) use or provide any part of the service or related content in any application interface you provide to others; or (2) create a website or application to reproduce or copy this service.
4.7 You must not abuse QWeather’s services, including but not limited to: disclosing the user’s private KEY, multi-user sharing/sharing paid products, using our loopholes to obtain services, invalid access beyond a reasonable range, reselling or transferring our services to Third parties, use data for software, websites, hardware, or services beyond the scope of authorization.
4.8 You may not provide this service to a third party in a fee-based or other profitable manner, regardless of whether it is a direct economic or monetary gain.
4.9 You must not use this service to engage in acts that harm the legitimate rights and interests of QWeather and its affiliates, customers, and employees.
4.10 You must not engage in other behaviors that violate these Terms of Service and QWeather Terms of Service.
5 Intellectual Property
This service is owned, controlled or licensed by QWeather, or licensed to QWeather, and is protected by software copyright, appearance, copyright, patent and trademark laws, and various other intellectual property rights and anti-unfair competition laws.
6 Payment and Refund
6.1 If you pay for this service, the corresponding product or service purchased will take effect immediately after payment. Unless otherwise specified, the amount you pay includes all taxes and fees.
6.2 If you are a post-paid user, you should pay before the date you promised. If the payment is more than 10 working days late, we have the right to immediately terminate the provision of this service to you, and any agreement reached between QWeather and you before this will be terminated .
6.3 If you have purchased this service for a fee, QWeather supports you to request a refund at any time, except for the following situations: (1) An invoice has been issued; (2) Payment by public transfer has been used; (3) It has already been used (4) The refundable amount is less than or equal to 0; (5) The account in arrears. If the refund goes to the original payment channel, a 5% refund fee will be deducted. If the refund goes to the QWeather account balance, no refund fee will be charged. For this service purchased in an annual package, the refund is calculated as follows: refund amount = actual paid amount-(original price/365*number of days used). For the refund of account balance, the calculation is based on the account balance at the time of the actual refund, the account balance is accurate to two decimal places, and the calculation is rounded. For other refund requirements, the final interpretation of QWeather shall prevail.
7 Enroll Developer
7.1 If you apply to become a certified developer, you should provide real certification information to QWeather.
7.2 QWeather has the right to review users who apply for certified developers, but QWeather has no obligation or responsibility to judge the authenticity of the information you submit. Therefore, even if you pass the QWeather developer review, it does not mean that the certification information you submit has been think of authenticity in the legal sense.
7.3 QWeather has the right to cancel your qualification as a certified developer for false information in a certified developer, whether it is before the review or after the review is passed. For any loss to you or a third party caused by the cancellation of your certified developer, you need to be responsible for it, and QWeather is not responsible for this.
7.4 QWeather does not promise that all applications for certified developers will be approved. For applications that have not been approved or the qualification of certified developers is cancelled, QWeather has the right to choose to inform you of the specific reasons or not to inform you of the specific reasons.
9.1 This service cannot guarantee that the services it provides are flawless (such as weather data does not guarantee the absolute accuracy of the data), nor can it promise that any flaws will be corrected, but QWeather promises to continuously improve the service quality and service level, so even this service there are defects, and QWeather is not responsible for them.
9.2 QWeather cannot guarantee that this service will not be invaded by various security issues, such as malicious implantation of computer viruses in the product or hijacking of your visit. You should strengthen your awareness of information security protection, if you or the third party Any loss caused by the three parties shall be fully borne by you, and QWeather shall not be liable for this.
9.3 Your use of this service represents your personal actions, and does not represent any views or positions of QWeather on such actions, nor does it represent any express or implied, guarantee or endorsement of you by QWeather.
9.4 You should voluntarily choose whether to use or how to use this service. In addition to laws and regulations that require QWeather to take responsibility, any risks and damages that you or a third party may cause to you or a third party when you use this service are borne by you. QWeather is not responsible for this.
9.5 This service may not be able to operate normally under the influence of various factors. QWeather does not bear any responsibility for this, but is obliged to restore the service as much as possible. A variety of factors include but are not limited to: your own reasons, third-party reasons, government actions (including the failure to upload weather data of national meteorological authorities, etc.), natural disasters such as earthquakes, typhoons, wars or other force majeure, etc. The special nature of the Internet, many factors also include but are not limited to the following situations that affect the normal operation of the Internet: hacker attacks, temporary shutdowns due to government control, virus attacks, etc.
9.6 The third-party hyperlinks appearing in this service are only used to facilitate search or indexing. We do not guarantee their availability, legitimacy, or harmlessness, nor do they mean QWeather’s views and positions on third parties. Any loss caused by a third-party hyperlink to you or a third party is your own responsibility, and QWeather is not responsible for this.
9.7 The geographic information involved in this service will be displayed in accordance with the laws and regulations of the United Nations and China, but it does not mean that QWeather expresses any views or positions on the legal status of any country, region or territory or its authority or the delineation of its boundaries.
9.8 QWeather reserves the right to take the following actions at any time without notice: (1) any changes to the product, (2) any changes to the terms, (3) upgrade, maintain the product or stop your access to the product or stop the product Operations.
9.9 Except as clearly provided by laws and regulations, this disclaimer is still valid even if QWeather knows that any loss may be caused.
10 Limitation of Liability
10.1 To the extent permitted by applicable laws, QWeather shall not be liable for any indirect, punitive, special or derivative losses related to or caused by these terms of service.
10.2 Under any circumstances, QWeather cannot be held responsible for any losses caused to third parties by your use of this service.
10.3 Under any circumstances, if QWeather is required to bear financial responsibility or financial compensation to you or a third party in accordance with laws and regulations, the financial responsibility or financial compensation amount will not exceed the greater of the following amounts: (1) The total amount of fees paid to us by you for using this service within 12 months before the date of application for compensation, or (2) RMB 100.
11 Other Terms
These terms of service are a valid part of QWeather Terms of Service, so when using this service, you agree and abide by the QWeather Terms of Service and the associated terms and statements listed here, even if you may not have used the corresponding product or service.
If there is a conflict between these terms of service and the associated terms quoted here, when you use this service, this terms of service shall prevail.
Terms of Service
Widget Terms of Service
12 Breach and Indemnity
12.1 You agree that if QWeather believes that you have violated these Terms of Service or other QWeather agreements or guidelines, you may decide to terminate or block your access to or use of this service without prior notice because you cannot access or use it QWeather shall not be liable for any losses caused by this service to you or a third party.
12.2 You agree that if you violate these Terms of Service or other QWeather agreements or guidelines and cause any loss or damage to QWeather, QWeather has the right to take any legal action against you, and in addition to any other relief that QWeather enjoys, QWeather also Will have the right to recover the relevant money from you, and you agree to pay all reasonable attorney’s fees and litigation costs.
12.3 You agree that if you violate these Terms of Service or other QWeather agreements or guidelines and cause any loss or damage to QWeather, it is difficult to compensate for the loss or damage by monetary compensation alone. In this case, QWeather can apply for Deemed necessary or appropriate injunctions or equivalent remedies.
12.4 You shall bear the third party losses caused by your use of the service, violation of the terms of service or any action taken under your account. If this causes QWeather and its affiliates, employees, customers and partners to be claimed by a third party, you shall be responsible for handling it and compensate QWeather and its affiliates for all losses and liabilities suffered thereby.
13 Change, Termination and Validity of Terms of Service
13.1 QWeather reserves the right to modify, add or delete part of the terms of service at its sole discretion. You can view the latest version of these terms of service at www.qweather.com/en/terms/tos at any time. If you do not agree to the amendments made by QWeather to the relevant terms of these Terms of Service, you have the right to stop using QWeather’s products. Under such circumstances, these Terms of Service shall be terminated. If you choose to accept the changes when these terms of service are changed, or continue to use QWeather’s products after the effective date of the changes to these terms of service, you are deemed to have accepted the amendments made by QWeather to the relevant terms of these terms of service.
13.2 Both QWeather and you can terminate these Terms of Service without any reason, and without special notice to the other party. If you request to terminate these terms of service, you only need to completely stop using QWeather’s products. If you continue to use QWeather’s products, it means that you still agree and abide by all the provisions of these terms of service. If QWeather requests the termination of these Terms of Service, QWeather does not need to be liable to you or any third party for the termination of these Terms of Service, except that QWeather is required to be liable as specified by laws and regulations.
13.5 If you have another agreement signed with QWeather, where there is a conflict between the text of the agreement signed by both parties and the text of the terms of service, the text stamped by both parties shall prevail, and the non-conflict or uncovered areas, These terms of service are still valid.
14 Transfer of Rights and Interests
14.1 Unless through QWeather’s written documents, you may not transfer any license, rights, rights or obligations granted to you by QWeather under these Terms of Service to a third party.
14.2 QWeather reserves the right to transfer the rights and obligations under these Terms of Service to any of our affiliates or any third parties without prior notice to you.
15 Applicable Law and Dispute Resolution
15.1 Any disputes arising from or related to these Terms of Service shall be governed by the laws of the People’s Republic of China (excluding Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan) and shall be interpreted in accordance with them, without considering any conflict of laws.
15.2 In the event of any dispute related to your use of the service, the interpretation or performance of the terms of service, etc., both parties shall first resolve the dispute through friendly negotiation. If the dispute cannot be resolved in a manner acceptable to both parties within 90 days, both parties agree to submit the dispute to the people’s court where QWeather is domiciled for ruling.
16.1 This service will not be available in all languages or in all countries. Unless otherwise agreed, QWeather does not promise that this service will be applicable or available in other regions outside of China or in any specific location. Those who use this service from other regions do so voluntarily and are fully responsible for compliance with any applicable local laws.
16.2 The English version of these Terms of Service is also provided for reference only to non-Chinese users. The agreement between QWeather and you is determined by the Chinese version of these Terms of Service. If there is any conflict between the Chinese and English versions of the terms of service, the Chinese version shall prevail.
If you do not understand or suggest any of these terms of service, please send an email to firstname.lastname@example.org