The following End-User License Agreement (“EULA”) is a legal agreement between you and ZsuiwaL Lawiusz Fras, located in Poland, ul. Henryka Sienkiewicza 23/3, 74-240 Lipiany, VATIN: PL8531522563 (“ZsuiwaL”).

This EULA governs your acquisition and use of “FuWeather” application (“Application”) directly from ZsuiwaL or indirectly through a ZsuiwaL authorized reseller or distributor.

Please read this EULA carefully before completing the installation process and using the Application. It provides a license to use the Application, contains Terms of Service and liability disclaimers.

By clicking “I accept the End-User License Agreement and Privacy Policy” or using the Application, you are confirming your acceptance of the EULA and agreeing to become bound by the terms of this EULA.

This EULA shall apply only to the Application supplied by ZsuiwaL herewith, regardless of whether other application is referred to or described herein. The terms also apply to any ZsuiwaL updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply.

1. License

1.1 License Grant

ZsuiwaL hereby grants you a personal, conditional, revocable, non-transferable, non-exclusive license to use the “FuWeather” application on your devices in accordance with the terms of this EULA. The license is granted on condition that you accept and comply with the terms of this EULA.

You are not permitted to:

• edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Application or attempt to do any such things without ZsuiwaL’s written permission;
• reproduce, copy, distribute, resell or otherwise use the Application for any commercial purpose without ZsuiwaL’s written permission;
• use unauthorized versions/builds of the Application which have been modified by third parties without ZsuiwaL’s approval;
• block or in any other way disrupt (without ZsuiwaL’s approval) the operation of those components of the Application which are intended to provide revenue for ZsuiwaL (including, but not limited to unauthorized blocking/removing in app advertisements, circumventing in-app billing etc.). This clause forbids removal of advertisements in any way that is not explicitly endorsed by ZsuiwaL;
• use the Application in any way which breaches any applicable local, national or international law;
• use the Application in emergencies. It is also forbidden to make any decisions, on which might depend the safety of people, property, or any other value protected by the law;
• disrupt other users’ use of the Application;
• use the Application for any purpose or in any way that could be considered a breach of this EULA.

1.2 Intellectual Property and Ownership

ZsuiwaL shall at all times retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (plus the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of ZsuiwaL. ZsuiwaL reserves the right to grant licenses (independent of this EULA) to use the Application to third parties.

2. Privacy policy

ZsuiwaL respects your privacy rights and recognizes the importance of protecting any information collected about you. ZsuiwaL’s privacy policy as amended from time to time is available at https://funnyweather.zsuiwal.com/privacy (“Privacy Policy”) and applicable to this EULA. By using the Application, you explicitly agree with the terms and conditions of the Privacy Policy and to any terms and conditions included therein by reference. The Privacy Policy is a legally binding attachment to this EULA. Your acceptance of the Privacy Policy is a requirement and one of the conditions upon which ZsuiwaL licenses you the right to use the Application. Using the Application without accepting the Privacy Policy is STRICTLY PROHIBITED.

3. Payments and purchases of subscriptions/premium unlock

ZsuiwaL may sell to you so-called “premium” subscriptions or one-time premium unlock (“paid products”) to be used with the Application. All paid products are licensed to you on a limited, conditional, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. The paid products are purchased from within the Application, through the Google Play Store (“the store”).

A paid product, while valid, disables in-app monetization, including advertising, which is the “primary benefit” of the paid product. A paid product may additionally unlock functionality otherwise unavailable to users without a valid subscription/premium unlock (“additional benefits”).  ZsuiwaL reserves the right to change, without prior notice or any compensation, the scope of the additional benefits, at any time. Both primary and additional benefits are further collectively referred to as “the benefits”.

A subscription may include a free trial period (“trial period”). During the trial period, you have access to all the benefits. After the trial period, a paid billing period of subscription will begin automatically and your payment method will be charged. To prevent this, you may cancel the subscription before the trial period ends, in which case you’ll have the access to the benefits until the end of the trial period. If you cancel the subscription during a paid billing period, you will have the access to the benefits until the end of the current billing period. After that time, the subscription will terminate, a new billing period will not begin, and you will not be charged anymore. You can cancel your subscription using the store. A link to the proper cancellation page of the store is available in the Application. 

If you uninstall the Application with an active subscription, or in any other way stop using it, the subscription may not terminate automatically, and you may still be charged. ZsuiwaL will not provide you any refund for unused subscriptions or any other paid products.

The seller of a paid product unlock may be Google LLC (located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA), any subsidiaries of Google LLC or ZsuiwaL, depending on your location. In case the seller is ZsuiwaL, Google LLC (or any of its subsidiaries) acts as an authorized agent responsible for processing any payments. In order to check, which entity is the seller in your location, please open the Store and look for the Terms and Conditions. The information about the seller should be within the appropriate section related to purchases and payments. Unfortunately, ZsuiwaL cannot guarantee the availability or correctness of that information.

Please note that any payment for paid products is FINAL AND NON-REFUNDABLE.

ZsuiwaL may manage, regulate, control, modify or eliminate paid products at any time, with or without notice. ZsuiwaL reserves the right to change the price of paid products at any time and for any reason.

ZsuiwaL shall have no liability to you or any third party in the event that ZsuiwaL exercises any such rights.

ZsuiwaL provides refunds for paid products only in case the product does not provide its primary benefit, as defined earlier, and when ZsuiwaL is unable to restore the primary benefit. In such a case, you shall reach ZsuiwaL using the in-app contact option, or by email, to [email protected]. You should use the in-app contact option whenever possible. You shall provide your order ID for the purchase, and describe your problem, attaching screenshots (if applicable). ZsuiwaL responds within 3 business days. ZsuiwaL will try its best to assist you with restoring the primary benefit. You shall comply with ZsuiwaL’s instructions and provide any additional information ZsuiwaL may ask for. In case ZsuiwaL is unable to resolve your issue, assuming your proper cooperation, ZsuiwaL will provide you a full or a partial refund for your purchase, depending on how long you have been able to use the paid product’s primary benefit.

ZsuiwaL reserves the right to refuse you a refund in case you do not comply with the terms of this EULA.  You acknowledge that ZsuiwaL is not obliged to provide a return in cases other than the one mentioned above, including, but not limited to, paid products purchased accidentally, products that do not fulfill your expectations, unused products, or in case you change your mind. 

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT ZSUIWAL IS NOT REQUIRED TO PROVIDE A REFUND FOR SUBSCRIPTIONS/PREMIUM UNLOCKS FOR ANY OTHER REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTIONS/PREMIUM UNLOCKS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.

ZsuiwaL reserves the right to provide returns for paid products and to grant access to the benefits at its sole discretion.

ZsuiwaL may provide promotional codes for the paid products (“promo codes”) at its sole discretion. The promo codes are redeemed through the Google Play billing system. Promo codes are unique, disposable, time-limited, nonexchangeable, and non-refundable. The number and availability of promo codes is limited. Each promo code is linked to (that is, is to be used along with) its corresponding paid product. Depending on the type of the paid product that is linked to a promo code, the promo code may provide: temporary or permanent free access to the paid product, an extended trial period for the paid product, a discount for the paid product, or a combination of the aforementioned profits. The information about the profits provided by a particular promo code or group of promo codes will be available in the place where the promo codes are published.

ZsuiwaL may publish promo codes in publicly accessible places, including, but not limited to: ZsuiwaL’s website, FB page, public FB groups. ZsuiwaL may also give promo codes to specific people or groups of people at its sole discretion. Because of the disposability of a promo code, ZsuiwaL cannot guarantee that a particular promo code, especially if published to a wide audience, will be redeemable by you.

If a promo code is linked to a subscription, the code will give an extended free trial period, after which a paid billing period of subscription will begin and your payment method will be charged.

YOU ACKNOWLEDGE THAT ZSUIWAL IS NOT REQUIRED TO PROVIDE A REFUND FOR PROMO CODES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PROMO CODES.

ZsuiwaL may provide toll-free, temporary access to the benefits in exchange for watching a special advertisement (“rewarded ad”) for a specified duration. Closing the rewarded ad before the duration specified in the ad will not result in granting you the benefits. The period, during which you will have access to the benefits, ZsuiwaL will determine at its sole discretion. The availability of the rewarded ad may be limited.

4. User-generated content

The Application may allow submitting user-generated content (including, but not limited to, custom weather phrases). In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright, design right or any other intellectual or industrial property right, you hereby grant ZsuiwaL an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sublicensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice, attribution, or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to ZsuiwaL’s and other users’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. This license grant to ZsuiwaL, and the above waiver of any applicable moral rights, survives any termination of this EULA.

User-generated content is required to be in tune with the topic of the Application. It is forbidden to publish content which insults or humiliates particular people or groups of people (including, but not limited to, groups based on race, ethnic origin, religion, disability, nationality, sexual orientation, gender, etc.). Banned content includes pornography or any other sexual content. It is also prohibited to publish content which encourages or endorses violence against people or animals, breaches of law, or drug abuse. Moreover, it is not allowed to publish content which relates to real military conflicts, crimes, or catastrophes. The only acceptable target for any potential hate speech is the weather, climate and other elements of inanimate nature.

ZsuiwaL reserves its right to moderate the user-generated content, that is, to change or remove the content which does not comply with the terms and conditions of this EULA. Any repeating violations may lead, without prior notice, to irrevocable withdrawal of your ability to publish your content in the Application.

In the Application, there is a possibility to report abusive content. To accomplish that, click on the flag icon appearing near the offending content. To send a report, an e-mail client is required on your device. The report has to be addressed to either [email protected] or [email protected]. Additionally, in the message’s subject, it has to be stated that the message is an inappropriate content report. The full offending content is required in the report. For most e-mail clients, all the required information is included automatically (on condition that you use the above reporting function of the Application).

5. Limitations of liability

IN NO EVENT WILL ZSUIWAL, ZSUIWAL’S AFFILIATES, ZSUIWAL’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE ZSUIWAL’S SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ZSUIWAL, ZSUIWAL’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, ZSUIWAL’S LICENSORS AND CHANNEL PARTNERS ARE THIRD-PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PREEMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

6. Access to services within the Application

The Application provides access to ZsuiwaL’s services (including but not limited to weather data, user content database, technical support, etc.). Although ZsuiwaL strives to provide accurate and reliable weather data and to provide its services at the highest possible level, ZsuiwaL cannot guarantee full accuracy/reliability of the data and uninterrupted availability of its services.

You hereby agree that ZsuiwaL may at any time, without any prior notice, change the scope of the services it provides or partially or completely cease to provide them, without any compensation to you.

7. Termination

This EULA is effective from the date you first use the Application and shall continue until terminated. You may terminate it at any time upon written notice to ZsuiwaL. The notice should be sent by email to [email protected]. You are not obliged to terminate the EULA when you uninstall the Application.

The EULA will terminate immediately if you fail to comply with any term of this EULA.

Upon termination of this EULA, the licenses granted by this EULA will immediately terminate, and you agree to stop all use of the Application and to uninstall it. The provisions that by their nature continue and survive will survive any termination of this EULA.

In order to protect ZsuiwaL’s matters, and for other users’ safety, in case ZsuiwaL detects that you do not comply with this EULA, ZsuiwaL reserves its right to deliberately make the Application unusable or otherwise malfunctioning for you. You hereby acknowledge that ZsuiwaL is not obliged to inform you that it has applied the above procedure to you. It is your responsibility to use the Application in accordance with this EULA.

8. Changes

This EULA may be updated occasionally for any reason, in which case ZsuiwaL will inform you inside the Application (the “Changelog” pop-up) or in the Google Play Store (in the section covering the information about the update of the Application). The above information will appear along with an update of the Application, available in the Google Play Store. If you disagree with the new version of this EULA, please stop using the Application immediately and uninstall it at your earliest convenience, as continuous use of the Application is deemed approval of all changes. The new terms of the EULA apply regardless of whether you decide to update the Application. In case you have no possibility to get informed about the change of this EULA (including, but not limited to, temporary unavailability of the appropriate update of the Application in the Google Play Store), the previous version of the EULA shall remain effective until you get the possibility to learn about the update of this EULA (for example, the appropriate update of the Application becomes available to you).

9. Governing Law

This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of Poland.

Updated: 5^th August 2023