Terms of Service

These Terms of Service ("Agreement") govern the relationship between WeatherAI Limited ("WeatherAI", "we", "us"), a company incorporated in Kenya, and any individual, organisation, or legal entity ("Customer", "Partner", "you") that accesses or uses the WeatherAI platform, APIs, SMS Gateway, or related services ("Services").

By creating an account, generating an API key, or integrating any WeatherAI service, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organisation, you represent that you have authority to bind that organisation.

• "API" — The WeatherAI application programming interface, including all weather, geo-intelligence, and SMS Gateway endpoints.
• "End Users" — Individuals who interact with WeatherAI services directly or through a Customer's application (including farmers using the SMS Gateway).
• "Platform Data" — Aggregated, anonymised, and statistical data derived from service usage, including query patterns, geographic demand signals, and model-training datasets. Platform Data does not contain personally identifiable information.
• "Customer Data" — Data submitted by a Customer or their End Users that is specific to that Customer's account, including registered phone numbers, crop types, and location preferences.
• "SMS Gateway" — The SMPP-compliant messaging infrastructure operated by WeatherAI that enables two-way SMS and USSD communication.
• "Integration Partner" — A Customer who embeds or resells WeatherAI capabilities within their own product or service.

WeatherAI provides real-time weather intelligence, geo-lookup, AI-powered forecasting, and SMS/USSD alert delivery services accessible via a REST API and developer dashboard. Services are provided on a subscription basis as described in the applicable pricing plan selected at registration.

WeatherAI targets 99.99% monthly uptime, excluding scheduled maintenance windows communicated at least 48 hours in advance via the status page at status.weather-ai.co.

Subject to your compliance with this Agreement and payment of applicable fees, WeatherAI grants you a limited, non-exclusive, non-transferable, revocable licence to:

• Access and use the API solely for the purposes described in your registered use case.
• Display processed weather outputs and insights within your own applications and services.
• Deliver WeatherAI-generated alerts to your End Users via the SMS Gateway.

This licence does not permit resale of raw API responses as a standalone data product, sublicensing the API to third-party developers without a written Integration Partner agreement, or using the API to train competing AI weather models.

WeatherAI is registered as a Data Processor under the Kenya Data Protection Act 2019. A Data Processing Agreement ("DPA") is available on request and is incorporated by reference for Customers on Pro and Scale plans.

Use of the WeatherAI SMS Gateway is subject to additional conditions:

• The Gateway operates via direct carrier binding with Safaricom, Airtel, MTN, and other African operators. Message delivery is subject to carrier availability and is not guaranteed.
• Customers must not use the Gateway to send unsolicited messages, phishing content, or any communication that violates the Kenya Communications (Consumer Protection) Regulations.
• USSD shortcodes are allocated by WeatherAI and remain the property of WeatherAI. Shortcode assignment does not confer ownership rights on the Customer.
• WeatherAI reserves the right to implement sending rate limits and content filtering to comply with carrier requirements and applicable law.
• Gateway infrastructure fees are separate from API subscription fees and are set out in the applicable order form or pricing schedule.

Integration Partners who embed the Gateway within their product must disclose WeatherAI as the underlying SMS provider in their own privacy policy.

Fees are as published on the pricing page or as agreed in a written order form. All fees are stated in USD unless otherwise agreed; payments via M-Pesa or bank transfer are settled in KES at the exchange rate on the date of invoice.

• Subscription fees are billed monthly in advance and are non-refundable except where WeatherAI fails to meet the uptime SLA by more than 2 percentage points in a calendar month.
• Gateway activation fees (one-time) and monthly retainer fees (where applicable) are due before gateway access is provisioned.
• Overdue payments — accounts unpaid for more than 14 days after the due date will have API access suspended. Gateway services will be suspended after 7 days of non-payment. Accounts unpaid for 30 days may be terminated and data deleted with 7 days' notice.
• WeatherAI reserves the right to update pricing with 30 days' written notice. Continued use of the Services after the effective date of a price change constitutes acceptance.

You must not use the Services to:

• Transmit content that is unlawful, harmful, harassing, defamatory, or in violation of any applicable law.
• Attempt to circumvent rate limits, access controls, or security measures.
• Reverse-engineer, decompile, or derive source code from the WeatherAI platform or SMS Gateway infrastructure.
• Misrepresent forecast data or present WeatherAI outputs as your own proprietary data to End Users.
• Use the API in applications involving life-critical decisions (aviation dispatch, emergency medical triage) without a separate enterprise agreement.

WeatherAI may immediately suspend access upon detection of a material acceptable use violation, with written notice provided within 24 hours of suspension.

WeatherAI retains all intellectual property rights in the platform, APIs, underlying models, SMS Gateway infrastructure, and documentation. Nothing in this Agreement transfers ownership of any WeatherAI IP to you.

You retain ownership of applications and products you build using the API, provided they do not reproduce WeatherAI's proprietary forecast models or platform code.

Feedback or suggestions you provide about the Services may be used by WeatherAI without obligation or compensation to you.

Each party agrees to keep confidential any non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

API keys are Confidential Information. You are responsible for all activity conducted under your API key and must notify WeatherAI immediately at security@weather-ai.co if you suspect a key has been compromised.

WeatherAI warrants that it will provide the Services with reasonable skill and care and in compliance with applicable Kenyan law.

Weather forecasting is inherently probabilistic. WeatherAI does not warrant that forecasts will be accurate, complete, or suitable for any specific agricultural, commercial, or safety-critical purpose. Forecast outputs are provided as informational guidance only.

To the maximum extent permitted by law, WeatherAI's total aggregate liability to you for any claim arising under or related to this Agreement shall not exceed the fees paid by you to WeatherAI in the three months immediately preceding the event giving rise to the claim.

WeatherAI shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if advised of the possibility of such damages.

Nothing in this Agreement excludes liability for fraud, death, or personal injury caused by WeatherAI's negligence.

Either party may terminate this Agreement on 30 days' written notice. WeatherAI may terminate immediately if you materially breach this Agreement and fail to cure the breach within 14 days of written notice.

WeatherAI may suspend Services without notice in the event of:

• Non-payment of fees overdue by more than 14 days (API) or 7 days (Gateway).
• A detected security incident or suspected fraudulent activity on your account.
• A requirement imposed by a carrier, regulator, or court order.

On termination, your licence to use the API and Gateway terminates immediately. WeatherAI will retain Customer Data for 30 days post-termination, after which it will be securely deleted unless a legal hold applies.

This Agreement is governed by the laws of the Republic of Kenya. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If unresolved within 30 days, disputes shall be referred to binding arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules, with proceedings conducted in English in Nairobi.

Nothing prevents either party from seeking urgent injunctive relief in the Kenyan courts.

WeatherAI may update these Terms at any time. Material changes will be communicated by email or in-dashboard notice at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, you may terminate your account before the effective date without penalty.

For legal notices, data protection queries, or compliance questions, please contact the appropriate team below: