These Terms of Service ("Terms") govern your download, access to and use of the Weather Radar - Windy, rain Android application and related services (the "App"), provided by NGUYEN DANG HIEU ("we", "us", "our") and published on Google Play under the developer name "Accurate Weather Forecast & Weather Radar Map". TOHSOFT is the brand and website we use to provide information and support for the App. By installing or using the App you agree to these Terms. If you do not agree, do not use the App and uninstall it.
Your use of the App is also subject to our Privacy Policy and to the Google Play Terms of Service.
01 Eligibility
You must be at least 13 years old, or the minimum age required to use online services in your country, to use the App. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian.
02 The App and its features
The App is free and supported by ads. It provides:
- current, hourly, daily and 30-day weather forecasts for your current location and for places you search for and save;
- an interactive radar map (wind, rain, temperature, clouds, humidity, pressure and other layers);
- air-quality information;
- weather notifications, weather alerts, home-screen widgets and a lock screen weather view that you can turn on or off;
- reading forecasts aloud using your device's text-to-speech engine.
We may add, change, suspend or remove features at any time, for example to improve the App, to comply with law or because a third-party data provider changes or ends its service.
We may release updates to the App, and some updates may be required to keep using the App or certain features. We do not guarantee that the App will be compatible with, or work in the same way on, every device or operating system version.
03 Weather information is for reference only
Forecasts, radar images, weather alerts and air-quality data in the App come from third-party data providers and from automated models. They may be inaccurate, incomplete or delayed, and notifications may arrive late or not at all (for example when your device restricts background activity or has no internet connection). The App is not an official emergency or public warning service. For decisions that affect safety, health or property, rely on official sources such as your national weather service and local authorities. Air-quality and UV information is general information and is not medical advice.
04 Licence to use the App
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices that you own or control, for your personal, non-commercial use.
You agree not to: (a) copy, modify, decompile, reverse engineer or create derivative works of the App, except where applicable law expressly permits it; (b) remove copyright or proprietary notices; (c) use the App or its content for any commercial purpose, including scraping, reselling or redistributing weather data; (d) interfere with, overload or attempt to gain unauthorised access to the App, our servers or third-party services used by the App; (e) tamper with the App's advertising; (f) use the App in violation of any applicable law.
05 Permissions
Some features require device permissions that you can grant or refuse at any time in your device settings:
- Location: show weather, air quality and the radar map for your current location.
- Background location (Android 10+): keep notifications, widgets, the lock screen and weather alerts up to date for your current location while the App is not in use.
- Notifications: show the weather notifications and alerts you turn on.
- Display over other apps: show the weather lock screen and the daily weather news, if you turn them on.
- Alarms and reminders, full-screen notifications: deliver daily and tomorrow forecasts at the time you choose, including full screen when the screen is off, if you turn this on.
Disabling permissions may limit or disable related features. Without the location permission, the App may estimate your approximate location from your IP address. How we handle data is described in the Privacy Policy.
06 Advertising
The App is supported by advertising served by third-party ad networks, such as Google AdMob and its mediation partners, which may change from time to time. Ads may be personalised or non-personalised depending on your choices in the consent form shown by the App where required by law (for example in the EEA, the UK and Switzerland) and on your device's ad settings. We are not responsible for the content of third-party ads or for products and services offered by advertisers; your dealings with advertisers are solely between you and them.
07 Third-party services and content
The App relies on third-party services, such as weather, geocoding and air-quality data providers, Google services (for example Firebase and AdMob), attribution providers and IP geolocation services. Your use of content provided by these services may be subject to their own terms and privacy policies. We do not control and are not responsible for third-party services, and their availability may change without notice.
08 Intellectual property
The App, including its design, code, graphics and text (excluding third-party data and content), is owned by us or our licensors and is protected by intellectual property laws. Except for the licence granted in Section 4, no rights are transferred to you.
09 Feedback
If you send us suggestions or feedback, you allow us to use them without restriction or compensation to you.
10 Disclaimer of warranties
To the maximum extent permitted by applicable law, the App and all information in it are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of accuracy, reliability, availability, fitness for a particular purpose and non-infringement. We do not warrant that the App will be uninterrupted, error-free or free of harmful components.
11 Limitation of liability
To the maximum extent permitted by applicable law, we and our partners and data providers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, revenue or property, arising from or related to your use of, or inability to use, the App or any information in it, including decisions made based on forecasts or alerts.
To the maximum extent permitted by applicable law, our total aggregate liability for all claims relating to the App or these Terms will not exceed the greater of (a) the total amount you paid us in the 12 months before the event giving rise to the claim, and (b) USD 50.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for damage caused intentionally or through gross negligence, or for any other liability that cannot be excluded or limited under applicable law, including your statutory rights as a consumer. Some jurisdictions do not allow certain exclusions or limitations; in that case they apply only to the extent permitted by law.
12 Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless us and our affiliates, officers, employees and partners from any claims, losses, liabilities, damages and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your misuse of the App.
13 Termination
You may stop using the App at any time by uninstalling it. We may suspend or terminate your access to the App if you breach these Terms, and we may discontinue the App or any part of it at any time. Sections 3, 8, 10, 11, 12, 15 and 16 survive termination.
14 Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. Where required by law, we will provide notice of material changes, for example in the App. Continuing to use the App after the changes take effect means you accept the updated Terms.
15 Governing law
These Terms are governed by the laws of the Socialist Republic of Vietnam, without regard to conflict-of-law rules. This does not deprive you of the protection of mandatory provisions of the law of the country where you habitually reside. Disputes will be submitted to the competent courts of Hanoi, Vietnam, unless mandatory law gives you the right to bring proceedings in your country of residence.
16 General
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not transfer your rights under these Terms without our consent; we may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition or sale of assets.
17 Contact us
If you have any questions about these Terms or the App, contact us:
NGUYEN DANG HIEU
Google Play developer: Accurate Weather Forecast & Weather Radar Map
App: Weather Radar - Windy, rain (com.meteo.weather.forecast.radar.v2)
Email: app.weather@tohsoft.com
Website: tohsoft.com