Last updated: September 4, 2024
These Terms of Use ("Terms") govern Your use of the Skypoint application (“Skypoint” or “Application”). Skypoint is owned, operated, and maintained by M-14 Labs, LLC (“M-14 Labs”, “us”, or “we”).
By accessing and using Skypoint, You (“User”) acknowledge that You have read, understood, and agree to be bound by these Terms and the Privacy Policy. If You do not accept these Terms and the Privacy Policy, You are not authorized to use the Application. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Application.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to Skypoint, the software program provided by the Company.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to M-14 Labs, LLC, Ann Arbor, MI 48103.
Country refers to: Michigan, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Terms and Conditions (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to M-14 Labs, accessible from https://m14labs.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
M-14 Labs takes Your privacy seriously. You may opt to grant Skypoint access to Your current location (“Location Information”) to receive localized weather forecasts as set forth in the Privacy Policy. M-14 Labs may also automatically collect anonymous information regarding Your interaction with, and use of, Skypoint. By using the Application, You agree that M-14 Labs may collect and use this information as set forth in the Privacy Policy.
Skypoint may contain links to third-party web sites or services that are not owned or controlled by M-14 Labs.
M-14 Labs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that M-14 Labs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Some parts of the Application are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan You select when purchasing a Subscription.
Your Subscription will be charged to Your iTunes account at confirmation of purchase. Your Subscription will automatically renew at the end of Your Subscription period unless canceled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage Your Subscription or turn off auto-renewal at any time from Your iTunes account settings. Cancellation of the active Subscription period is not allowed.
All Subscriptions may be final and non-refundable. By accepting these terms, You agree that M-14 Labs is not required to provide a refund for any reason.
M-14 Labs may change, modify, or eliminate features of the Subscription at any time, with or without notice. Specifically, M-14 Labs may from time to time change weather providers as a result of pricing changes, changes to the terms of use, or other reasons. M-14 Labs does not warrant that any particular weather provider will be available in the future. You agree that M-14 Labs will bear no liability to You or any third party if M-14 Labs does so.
M-14 Labs, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will not go into effect automatically; You must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.
Skypoint is owned and operated by M-14 Labs. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by M-14 Labs are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of M-14 Labs or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by M-14 Labs, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to M-14 Labs a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application. All trademarks, service marks, and trade names are proprietary to M-14 Labs or its affiliates and/or third-party licensors. Except as expressly authorized by M-14 Labs, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. M-14 Labs reserves all rights not expressly granted in the Terms.
In no event shall M-14 Labs, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Application is at Your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.
M-14 Labs, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet Your requirements.
Skypoint is intended to be used and must be used for entertainment purposes only. You understand that Skypoint may expose You to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against M-14 Labs with respect hereto. M-14 Labs does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and the information contained therein is not intended to be used as and does not constitute investment, tax, or legal advice. M-14 Labs expressly disclaims any and all liability in connection with content and other materials.
Experience has shown that the resolution, timeliness, and format which lightning data are presented within various displays and products, does not provide a total solution with regard to addressing concerns regarding the presence of convective activity and/or lightning and their potential impact on the safety of personnel and/or safeguarding of facilities, whether it be of immediate or short term concern. Interpretation and application of the data, as well as any comparative analysis and/or prognosis or similar activities done by any user, are done so solely at the user's risk and have not directly or indirectly been implied, condoned or recommended by M-14 Labs, and/or its data suppliers.
You agree that M-14 Labs may terminate Your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. M-14 Labs may also at any time discontinue providing access to Skypoint, or any part thereof, with or without notice. You agree that any termination of Your access to Skypoint or any portion thereof may be effected without prior notice, and You agree that M-14 Labs will not be liable to You or any third party for any such termination. Upon termination, Your right to use the Application will immediately cease. If You wish to terminate Your account, You may simply discontinue using the Application.
At times it may be necessary for Us to make changes to the Terms such as due to changes in the services We offer, Apple's policies and procedures, and/or the applicable laws of the United States. We reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically.
The Terms were last updated on the date indicated "Last updated" at the beginning of the Terms. Any changes to the Terms will become effective when We post the revised Terms on Skypoint. As set forth above, Your continued use of the Application after any changes or revisions to the Terms shall indicate Your acceptance and agreement with such revised Terms.
Any claim relating to M-14 Labs, LLC’s Services shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.