Terms

Terms of Service

The basic rules for using Quiet Sky, written plainly on purpose.

These Terms of Service (“Terms”) govern your use of Quiet Sky, including the Quiet Sky mobile app, widgets, radar, forecasts, alerts, subscriptions, websites, and related services.

Quiet Sky is provided by Quiet Sky LLC, a Washington limited liability company (“Quiet Sky,” “we,” “us,” or “our”).

By downloading, installing, accessing, subscribing to, or using Quiet Sky, you agree to these Terms. If you do not agree, do not use Quiet Sky.

If a Google Play listing, in-app purchase screen, or Google Play purchase flow gives more specific price, renewal, cancellation, refund, or trial details, those details control for that purchase.

1. What Quiet Sky provides

Quiet Sky is a weather app. It may show forecasts, radar, air quality, alerts, widgets, maps, summaries, and related weather context from third-party providers, public sources, and local device state.

Quiet Sky is designed to help you understand everyday weather conditions. It is not an emergency service, public warning system, professional forecast office, aviation briefing tool, marine navigation tool, wildfire command tool, medical tool, or substitute for official alerts.

Features may vary by provider, geography, device, operating system, subscription status, network availability, data availability, and third-party service availability. Some features may be delayed, incomplete, unavailable, or inaccurate in some locations.

2. Your subscription

Quiet Sky may offer a paid subscription through Google Play. Subscription details, including price, billing period, trial length, renewal date, included features, and cancellation terms, are shown in Google Play and in the app before purchase.

If you start a free trial, it gives you access to the paid features described in the purchase flow for the trial period shown there. Unless you cancel before the trial ends, Google Play may automatically convert the trial into a paid subscription and charge the payment method associated with your Google Play account.

Subscriptions automatically renew at the beginning of each billing period unless you cancel through Google Play before renewal. Deleting the app does not cancel a subscription.

Google Play handles payment processing, renewal mechanics, cancellation tools, refund processing, and purchase records. Your use of Google Play may also be governed by Google's terms and policies.

3. Cancellation

You can manage or cancel a Quiet Sky subscription through Google Play:

• On Android: open Google Play → Payments & subscriptions → Subscriptions.
• On the web: visit play.google.com/store/account/subscriptions.

After cancellation, Google Play generally keeps your access active until the end of the period you already paid for, unless Google Play or applicable law says otherwise.

4. Refunds

Purchases and refunds are handled through Google Play. Refund eligibility depends on Google Play policy, local law, purchase timing, and the facts of the request.

To request a refund, use Google Play's refund tools or contact Google Play support. You can also contact Quiet Sky at [email protected] if something about the app did not work as described.

5. Acceptable use

You agree not to use Quiet Sky to:

• Break the law.
• Interfere with, disrupt, overload, scrape, attack, or reverse-engineer the service, app, proxy, APIs, or infrastructure.
• Bypass, disable, or misuse paid or protected features.
• Misrepresent Quiet Sky data as official emergency guidance.
• Use Quiet Sky in a way that could harm other users, Quiet Sky, third-party providers, or app-store platforms.
• Copy, resell, redistribute, or commercially exploit Quiet Sky data or features except as expressly allowed by us in writing.
• Violate the rights of any person or third party.

6. Third-party services and data

Quiet Sky relies on third-party weather, map, radar, geocoding, air-quality, app-store, and infrastructure providers. Their data, uptime, availability, pricing, coverage, APIs, policies, and terms can change.

Quiet Sky may change providers, remove providers, add providers, route requests differently, cache data, proxy requests, modify features, or limit features to keep the app working, protect privacy, control costs, comply with law, or respond to third-party changes.

Third-party data may be inaccurate, delayed, unavailable, incomplete, or unsuitable for your specific location or intended use.

7. Privacy

Quiet Sky's Privacy Policy explains what the app collects, what it does not collect, how location-related requests work, when requests go through the Quiet Sky proxy, and how Quiet Sky protects user privacy.

The Privacy Policy is incorporated into these Terms by reference. By using Quiet Sky, you also agree to the Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy about privacy-specific practices, the Privacy Policy controls for that privacy issue.

8. Children and age requirements

Quiet Sky is intended for users who are old enough to enter into a binding agreement in their jurisdiction.

If you are under that age, you may use Quiet Sky only with permission and supervision from a parent or legal guardian. The parent or guardian is responsible for the minor's use of Quiet Sky.

9. Changes to Quiet Sky

We may update, change, suspend, or discontinue any part of Quiet Sky at any time. This includes features, providers, subscription offerings, radar layers, widgets, data sources, proxy routing, and supported devices.

We will try to avoid unnecessary disruption, but we do not guarantee that any specific feature, provider, data source, or integration will always remain available.

10. Changes to these Terms

These Terms may be updated from time to time. The updated version will be posted here and linked from the app.

If we make material changes, we may provide additional notice in the app, by email if available, through the app store, or by other reasonable means.

Material subscription terms shown by Google Play at purchase remain available through Google Play.

Your continued use of Quiet Sky after updated Terms are posted means you accept the updated Terms, except where applicable law requires a different process.

11. Disclaimer of warranties

Quiet Sky is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory.

To the fullest extent allowed by law, Quiet Sky disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, quiet enjoyment, and non-infringement.

We do not warrant that Quiet Sky, its data, forecasts, alerts, maps, radar layers, air-quality data, widgets, summaries, providers, subscriptions, proxy services, or related features will be accurate, complete, current, reliable, timely, uninterrupted, secure, or error-free.

We do not warrant that Quiet Sky will identify every weather hazard, emergency alert, warning, advisory, storm, wildfire, flood, dangerous condition, or safety issue that may affect you.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you.

12. Limitation of liability

To the fullest extent allowed by law, the total liability of Quiet Sky and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns to you for all claims arising out of or relating to these Terms or your use of Quiet Sky will not exceed the greater of:

• (a) the amount you paid for Quiet Sky in the twelve months before the event giving rise to the claim; or
• (b) twenty U.S. dollars (US$20).

To the fullest extent allowed by law, Quiet Sky and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns will not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, reputation, or other intangible losses, even if advised of the possibility of such damages.

This limitation applies to all claims, whether based on warranty, contract, statute, tort, negligence, strict liability, consumer-protection law, or any other legal theory, to the fullest extent allowed by law.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, intentional misconduct, or death or personal injury caused by negligence where such limitation is not allowed.

13. Indemnification

To the fullest extent allowed by law, you agree to indemnify and hold harmless Quiet Sky and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, and reasonable expenses, including reasonable legal fees, arising out of or related to:

• (a) your misuse of Quiet Sky;
• (b) your violation of these Terms;
• (c) your violation of any law or the rights of a third party; or
• (d) your use of Quiet Sky in a safety-critical, emergency, professional, commercial, or unlawful context contrary to these Terms.

This does not apply to the extent a claim arises from Quiet Sky's own breach of these Terms, negligence, willful misconduct, or other conduct for which indemnification cannot be required under applicable law.

14. License and intellectual property

Quiet Sky, including its software, design, text, graphics, logos, icons, name, branding, user interface, and related materials, is owned by Quiet Sky or its licensors and is protected by intellectual-property laws.

Subject to these Terms, you are granted a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Quiet Sky on devices you own or control, for your own personal, non-commercial use.

You may not copy, modify, distribute, sell, sublicense, rent, lease, host, create derivative works from, remove proprietary notices from, or reverse-engineer, decompile, or disassemble Quiet Sky, except to the limited extent applicable law expressly permits despite this restriction.

All rights not expressly granted are reserved.

15. Termination

You may stop using Quiet Sky at any time by uninstalling it.

We may suspend or terminate your access to Quiet Sky, in whole or in part, if you materially violate these Terms, misuse the service or its infrastructure, create risk for Quiet Sky or other users, or where we reasonably need to do so to comply with law, app-store requirements, provider requirements, or security needs.

Termination does not affect any subscription rights handled through Google Play, which remain governed by Google Play's policies.

Sections that by their nature should survive termination will survive, including the safety disclaimer, warranty disclaimers, limitation of liability, indemnification, license restrictions, dispute-resolution, governing-law, and general provisions.

16. Governing law

These Terms are governed by the laws of Washington state, except where consumer-protection law in your location requires otherwise.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

For any claim that is not subject to arbitration and is not filed in small-claims court, you and Quiet Sky consent to the personal jurisdiction and venue of the state and federal courts located in Washington, except where applicable consumer-protection law requires otherwise.

17. Dispute resolution and binding arbitration

17.1 Informal resolution first

Most concerns can be resolved quickly.

Before starting an arbitration or court proceeding, you agree to first contact Quiet Sky at [email protected] and describe:

• your name;
• the email address associated with your Google Play account, if relevant;
• the nature of the dispute;
• the relief you want; and
• enough information for us to understand and try to resolve the issue.

We will try to resolve the dispute informally. If we cannot resolve it within 60 days after receiving your notice, either party may begin arbitration or another permitted proceeding.

This informal process is a condition precedent to arbitration or litigation, except for claims that qualify for small-claims court or requests for urgent injunctive relief related to intellectual property, security, or unauthorized access.

17.2 Agreement to arbitrate

You and Quiet Sky agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, Quiet Sky, your subscription, your purchase, your cancellation, your refund request, communications with us, or your use of Quiet Sky that is not resolved informally will be resolved by binding individual arbitration, rather than in court, except as described in this section.

This agreement applies to claims based on contract, tort, statute, consumer-protection law, privacy law, warranty, misrepresentation, negligence, product liability, unfair competition, or any other legal theory, to the fullest extent allowed by law.

17.3 Arbitration procedure

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms.

The arbitration may be conducted by telephone, by video, based on written submissions, or in person at a mutually agreed location.

The arbitrator will have authority to resolve all issues, except that only a court may decide issues concerning the enforceability, validity, or scope of the class-action waiver, representative-action waiver, public-injunctive-relief waiver if applicable, and mass-arbitration procedures.

The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.4 Small-claims court

Either you or Quiet Sky may bring an individual claim in small-claims court if the claim qualifies.

If a claim is filed in arbitration but could have been brought in small-claims court, either party may elect to have the claim heard in small-claims court instead, where allowed by the small-claims court.

17.5 Intellectual-property and security exceptions

Nothing in this section prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief in court for actual or threatened infringement, misuse, or misappropriation of intellectual-property rights, unauthorized access, security attacks, scraping, reverse engineering, or misuse of Quiet Sky infrastructure.

17.6 Class-action, collective-action, representative-action, and jury-trial waiver

You and Quiet Sky agree that all claims must be brought only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, representative, private-attorney-general, or similar proceeding.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, consolidated, representative, private-attorney-general, or similar proceeding.

You and Quiet Sky each waive any right to a jury trial.

If this class-action, collective-action, or representative-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in court, while all other claims will proceed in arbitration to the fullest extent allowed by law.

17.7 Mass arbitration and batching

If 25 or more similar arbitration demands are filed against Quiet Sky by the same or coordinated counsel or are otherwise coordinated, those demands will be treated as a “Mass Arbitration” to the fullest extent allowed by law.

For a Mass Arbitration, the parties agree to the following staged process:

1. Initial batch. The arbitration provider will select up to 10 demands to proceed first. If there are fewer than 10 demands, all may proceed.
2. Bellwether proceedings. The initial batch will proceed to individual arbitration. Each selected demand will be heard individually, not as a class or consolidated proceeding.
3. Mediation after initial batch. After the initial batch is resolved, the parties will participate in a single mediation covering the remaining demands, unless both sides agree that mediation would be futile.
4. Additional batches. If demands remain unresolved after mediation, the remaining demands will proceed in additional batches of up to 25 at a time, unless the parties agree to a different number or the arbitration provider requires a different process.
5. Fees staged by batch. Arbitration filing, administrative, and arbitrator fees will be due only for the demands in the active batch, unless the arbitration provider or applicable law requires otherwise.
6. Tolling. Any applicable limitation periods for demands not yet in an active batch will be tolled from the date the demand is first received by the arbitration provider until the demand is selected for an active batch, withdrawn, settled, or otherwise resolved.
7. No class arbitration. This batching process does not authorize class arbitration, collective arbitration, representative arbitration, or consolidation of claims. Each demand remains an individual arbitration.

If any part of this Mass Arbitration procedure is found unenforceable, the remaining parts will continue to apply to the fullest extent allowed by law.

17.8 Arbitration fees

Arbitration fees will be governed by the applicable AAA Consumer Arbitration Rules, these Terms, and applicable law.

If applicable law requires Quiet Sky to pay a greater share of arbitration fees for this arbitration agreement to be enforceable, Quiet Sky will do so.

The arbitrator may award fees, costs, or sanctions for frivolous, bad-faith, or improper claims or defenses to the extent allowed by applicable law and the arbitration rules.

17.9 30-day right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms, of the date this arbitration section was added, or of any later material change to this arbitration section, whichever is most recent.

To opt out, email [email protected] with the subject line “Arbitration Opt-Out” and state your intent to opt out.

Opting out will not affect any other part of these Terms, and we will not retaliate or change the service you receive because you opted out.

17.10 Severability

If any part of this arbitration section is found unenforceable, that part will be limited or severed to the minimum extent necessary, and the rest of this section will remain in effect.

If the class-action, collective-action, or representative-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in court, while all other claims will proceed in arbitration to the fullest extent allowed by law.

18. General

Entire agreement

These Terms, together with the Privacy Policy and any purchase terms shown by Google Play, are the entire agreement between you and Quiet Sky regarding the app and replace any prior understandings on that subject.

App-store terms

Google Play's terms and policies may also apply to your download, purchase, subscription, cancellation, refund, and use of Quiet Sky. If there is a conflict between these Terms and Google Play's terms about Google Play payment processing, subscriptions, cancellations, refunds, or app-store distribution, Google Play's terms control for that issue.

Severability

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full effect.

No waiver

If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later.

Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, transfer of the app, transfer of the business, or by operation of law.

Force majeure

Quiet Sky will not be responsible for delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, severe weather, power outages, internet outages, provider outages, app-store outages, cloud-service outages, labor disputes, war, terrorism, government action, security incidents, or other events beyond our reasonable control.

Mandatory consumer rights

Nothing in these Terms limits any rights you have under mandatory consumer-protection law in your country, state, or place of residence that cannot be waived by agreement.