Terms of Use

Last Updated: September 13, 2026

These Terms of Use should be read together with our Privacy Policy, which governs our collection, use, sharing, and storage of your Personal Data (defined below) and is incorporated by reference into these Terms of Use. To view our Terms of Use in other languages, go to our Terms of Use Directory.

1. What these terms cover

These Terms of Use are between PinQast, LLC and its affiliated companies (collectively, "PinQast", "we", "our", or "us") and you, an individual user. They govern your use of the www.pinqast.com website (the "Sites"); the PinQast™ software applications (the "Apps"); and any related websites or other online properties that incorporate or link to these Terms of Use (together with the Sites and Apps, the "Services").

The Services do not include websites, mobile applications, or other offerings that are subject to separate terms of use. In particular, these Terms of Use do not apply to:

• PinQast App, PinQast, and any related websites or other online properties provided by third-party entities not owned or controlled by PinQast, LLC;
• PinQast's business-to-business (B2B) weather, hazard, disaster, and environmental data products and services, such as those described or offered on data.pinqast.com, developer.pinqast.com, and the PinQast data/API product, pricing, and trial pages, which are governed by separate terms and conditions that are published, linked, or referenced on those respective sites or pages; or
• If PinQast offers physical merchandise items (such as clothing, drinkware, keychains, and other tangible goods) through a PinQast™ Shop or other PinQast retail page, those merchandise purchases may be governed by separate Purchase Terms and a Refund and Return Policy made available with the applicable offering. Please review those terms carefully before making any purchase, as they establish the applicable rights, obligations, and procedures for merchandise transactions, returns, and refunds.

2. Who can use PinQast

You must be at least 18 years of age or the age of majority in your jurisdiction (whichever is older) to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction (whichever is older) and have the legal capacity to enter into these Terms of Use. If you have not reached 18 years of age or the age of majority in your jurisdiction (whichever is older), you are prohibited from accessing or using the Services.

3. Your privacy

Our Privacy Policy, also referenced above, governs our collection, use, sharing, and storage of your Personal Data. "Personal Data" (sometimes referred to as personal information) is information that identifies, relates to, describes, is capable of being associated with, or could reasonably link - directly or indirectly - to an individual.

4. What is ours, and what you may do with it

A. The Services are owned and operated by PinQast, but the Services may include elements licensed from or provided by third parties. PinQast (along with its third party licensors) retains all intellectual property rights and other rights, title, and interest in and to the Services. The Services contain content (including, without limitation, data, text, software, images, video, graphics, music, and sound) (collectively, the "PinQast Content") that is protected by United States and worldwide copyright, trademark, trade secret, patent, and other intellectual property laws, and with the exception of content in the public domain, the rights to the PinQast Content under such laws are owned or controlled by PinQast or licensed from third parties.

B. Subject to all terms and conditions in these Terms of Use, PinQast grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your personal, non-commercial use only. While you may access, view, use, and display the Services for your personal, non-commercial use, you may not modify, reproduce, distribute, publicly perform, rent, lease, participate in the transfer or sale, create derivative works from, or in any way exploit, any of the PinQast Content, in whole or in part, except as expressly indicated by PinQast in the Services, as expressly permitted under intellectual property laws, or with the express written permission of PinQast and any relevant third party owners of intellectual property rights in the content. In the event of any permitted copying, redistribution, or publication of protected material, you will not change or delete any author attribution, trademark legend, or copyright notice, and no ownership rights will be transferred. Some of the Services may include information sourced from the U.S. National Oceanic and Atmospheric Administration/National Weather Service, which is (without limitation) severe weather alerts, which information is in the public domain and is not subject to copyright protection. PinQast does not claim to own or control such information.

5. How you may use the service

A. You agree to use the Services only for lawful purposes and in compliance with these Terms of Use. You agree not to submit, upload, post, or transmit to or through the Services ("Post") any User Content (as defined below) or other material that violates or infringes any intellectual property, privacy, publicity, or other rights of any person or entity, which is unlawful, threatening, harassing, abusive, deceptive, fraudulent, false, misleading, defamatory, vulgar, obscene, profane, pornographic, or otherwise objectionable, which promotes discrimination, bigotry, hatred, intolerance or racism, incites violence or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations, whether federal, state, local, foreign or international. You agree not to use the Services for advertising, marketing, or any commercial solicitation, including soliciting users to purchase or subscribe to services competitive with the Services. You further agree not to (i) impersonate or misrepresent your affiliation with any person or entity; (ii) forge, manipulate, or obscure information or identifiers in a way that disguises the origin of any communication; (iii) alter, delete or modify any content or data not provided by you, (iv) interfere with the operation of the Services, or Post, email, transmit, link to or otherwise make available any content that contains any virus, worm, computer code, file, or other material intended to cause the interruption, destruction, or loss of functionality of any Services, software, data, equipment, or means of communications; (v) attempt to gain unauthorized access to or retrieve confidential information from, any system, account or database; (vi) modify, reverse engineer, reverse assemble, decompile, or hack into any systems or software used by any Services; (vii) monitor access, copy, or permit another person or entity to monitor, access, or copy, the Services or any related content or data (manually or through bots, spiders, scrapers, crawlers, or other automated means) for any unauthorized or commercial purpose without PinQast's express written permission; (viii) use any automated tools, such as artificial intelligence or machine learning systems, to create derivative works of materials or software from the Services, to develop competing products or services, or for any other commercial use, except as expressly permitted by these Terms of Use or with PinQast's written consent; or (ix) manipulate, or permit another person or entity to manipulate, any ratings, reviews, or feedback relating to the Services or their content via any means, including by using bots, scripts, or other automated tools or processes, or by offering or receiving compensation or incentives. Any conduct that, in PinQast's discretion, restricts or inhibits another user's ability to use or enjoy the Services is prohibited.

B. You are solely responsible for obtaining and maintaining all devices, equipment, software, internet connections, and other resources needed for access and use of the Services and all related costs and charges. For certain Services consisting of software applications, PinQast may occasionally require the update of the Services on your computer or other device when a new version of the Services becomes available. Updates may occur automatically, through user download, or other means. You may be required to install such updates to continue using the Services. PinQast reserves the right, in its sole discretion, to determine whether and when to provide updates or new versions of the Services and has no obligation to make any particular update or version available to you.

C. If you sign up for or request to receive alerts, forecasts, notifications, or other communications from PinQast through the Services, you expressly consent to receiving such communications in the form of telephone calls, text messages, push alerts, in-app messages, pop-up messages, and e-mails, as applicable, to the contact points identified through the Services, and in the case of telephone calls and text messages, you expressly consent to receiving calls that use an automatic telephone dialing system and pre-recorded or artificial voice messages.

D. Automated models and AI-generated forecasts.

Much of what the Services produce — hazard projections, tropical cyclone tracks, seismic probabilities, weather and flood forecasts, risk estimates for an area — is generated by automated statistical and machine-learning models that we build and operate (the “Models”). By using the Services, you acknowledge and agree that:

• (i) the Models produce predictions, not observations. They apply automated, probabilistic methods and do not involve human judgment on each individual output, nor independently verified confirmation that a predicted event will occur;
• (ii) their output is for general informational purposes only and does not constitute professional advice of any kind. For critical or time-sensitive weather, hazard, disaster, or emergency information, always consult official sources such as the National Weather Service/NOAA, U.S. Geological Survey, tsunami warning centers, emergency management agencies, and local authorities;
• (iii) forecasts can be inaccurate, incomplete, late, or wrong, and a Model may miss an event entirely; we expressly disclaim all warranties regarding the accuracy, completeness, or reliability of any Model output;
• (iv) you must not rely on Model output as the sole basis for safety decisions, evacuation, emergency planning, or professional decision-making in any field, and must verify against official sources before acting on it;
• (v) you must not use Model output relating to a person for any purpose that could have a legal or material impact on that person, such as credit, educational, employment, housing, insurance, legal, or medical decisions;
• (vi) we may change, retrain, recalibrate, or withdraw a Model at any time, and output for the same place and time may differ between versions; and
• (vii) you may not extract Model output automatically or programmatically, use it to train or develop competing models or products, circumvent rate limits or other restrictions, or present it as an official warning or as anything other than a PinQast projection, except as expressly permitted in these Terms.

How the Models process data, including what they are trained on and the role of your Personal Data, is described in our Privacy Policy.

6. Your account

A. Some Services may allow or require you to create an account to enable certain features or receive certain information. To register and use an account, you must be at least 18 years of age or the age of majority in your jurisdiction (whichever is older). By registering, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms of Use, which form a binding contract between you and PinQast.

You authorize PinQast to collect, use, share, and store the information you provide during registration and your ongoing use of the Services in accordance with PinQast's Privacy Policy and as permitted by applicable law. Account features, functionality, and experiences may vary across different platforms, devices, and geographic locations.

B. By registering, you represent and warrant that all information you provide is accurate, complete, and current, and you agree to promptly update such information as necessary to keep it accurate and complete. If registration requires you to create log-in credentials such as an email address or user name along with a password, you acknowledge and agree that PinQast may rely on use of those credentials as evidence of authorized access to your account-associated information. You are solely responsible for maintaining the confidentiality of your log-in credentials and for all activity that occurs under your account, including any charges for goods or services, regardless of whether you authorized such activity, to the extent permitted by law. You are also responsible for ensuring that all use of your account complies fully with these Terms of Use. You may not share, transfer, or assign your account or credentials to any other person. If you believe your account or credentials have been compromised, you must notify PinQast promptly.

C. You may have the option to create or sign in to an account using your existing Google, Apple, or other third party platform credentials ("Third Party Login"). By selecting this option, you authorize PinQast to obtain and use certain information from your Third Party Login account, such as your name, email address, and profile information, as permitted by the third party provider's terms and your privacy settings. Your use of any Third Party Login is also subject to that provider's own terms of service and privacy policy. PinQast is not responsible for the acts, omissions, or policies of any such third party provider, or for the security or integrity of credentials maintained by them. If you disconnect your Third Party Login or if access to that third party service is suspended or terminated, you may lose the ability to sign in to your PinQast account using that method. However, your PinQast account may remain active and accessible through alternative login methods, where available.

7. Subscriptions and payment

A. General Terms and Conditions

Some portions of the Services are available without charge. However, certain features, products, or content are available only through the purchase of a subscription or other paid access (each, a "Subscription"), as described in the applicable offer terms or during the ordering process.

To purchase a Subscription, you must be at least 18 years of age or the age of majority in your jurisdiction (whichever is older). By purchasing a Subscription, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms of Use, which form a binding contract between you and PinQast.

You may be required to register for an account with PinQast in order to purchase a Subscription, as described in Section 6 (Account Registration and Management).

Each Subscription is for a single individual user. PinQast reserves the right to suspend or disable access to a Subscription if it detects or reasonably suspects excessive concurrent sessions, account-credential sharing, or other unusual or unauthorized activity associated with the account.

Unless otherwise specified, Subscriptions apply only to the specific Service(s), features, or products identified in the applicable offer. If you purchase a Subscription described as "ad-free," you may still receive advertising or promotional content within newsletters or other Services that are not covered by that Subscription.

Some Services may also contain embedded content from third party sites or services (e.g., YouTube). Such embedded content may include third party advertising or tracking that is outside PinQast's control. While standard third party ads are removed from Services covered by your ad-free Subscription, you may still encounter certain sponsored or promotional content, including information about PinQast's own products, features, or services; partnerships or sponsorships; and branded content clearly labeled as "Sponsored," "Promotional," or similar.

B. Purchases Through Third Party Platforms

You may purchase Subscriptions for PinQast's Apps through the Apple App Store, the Google Play Store, or any other third party platform from which Subscriptions are offered (each a "Third Party Platform"). Purchases made through a Third Party Platform are: (i) governed by that Third Party Platform's own terms and conditions; and (ii) billed directly by the Third Party Platform, which will automatically charge your credit or debit card or other payment method on file for an auto-renewing Subscription unless you cancel your Subscription by following the instructions provided by that platform. Your billing relationship is solely with the applicable Third Party Platform. Any questions or requests regarding purchases, billing, cancellations, or refunds must be directed to that platform in accordance with its policies and procedures. PinQast does not control or manage your billing account with any Third Party Platform and is not responsible for the acts, omissions, errors, or policies of any such provider.

C. Subscription and Auto-Renewal (Site Purchases)

Subscriptions purchased through the Sites are provided for the billing period shown in the applicable offer or at checkout (e.g., monthly or annually) and, unless otherwise stated, automatically renew for successive periods of the same length, unless cancelled in accordance with the instructions for cancellation below. Payment for the first billing period in the amount shown to you at the time of purchase (plus applicable taxes) will be charged to your chosen payment method at confirmation of purchase, and because your Subscription automatically renews, payment for each additional billing period (plus applicable taxes) will then be charged at the start of each additional billing period, unless you cancel your Subscription in advance. For Subscriptions with a yearly billing period or longer, we will notify you of the pending renewal of your Subscription at least thirty (30) days prior to the date your Subscription renews, except as otherwise required by law. Unless we notify you in advance of a price change as further described below, the renewal rate for each additional billing period will be no more than the rate for the immediately prior billing period unless you received promotional or discount pricing as disclosed to you as part of a specific offer (for example, offers for a discounted first month or first year rate). At any time, you can stop your Subscription from renewing for an additional billing period after the then-current billing period by canceling your Subscription as described below.

D. Cancellation Policy (Site Purchases)

You may cancel the renewal of a Subscription purchased through the Sites at any time. If you cancel at least 24 hours before the end of your current billing period or free trial, the cancellation will take effect at the end of the current billing period or free trial, and your Subscription will not renew for an additional billing period. If you cancel fewer than 24 hours before the end of your current billing period or free trial, we may be unable to prevent the next renewal charge from processing, but your cancellation will take effect at the end of the subsequent billing period and will prevent any further renewals. As cancellation is effective at the end of the applicable period, you will not receive a prorated refund of charges for the then-current billing period, and you will continue to have access to your Subscription through the end of that period (for example, through the end of the month for a monthly Subscription, or through the end of the year for an annual Subscription), except as required by applicable law. If you are on a free trial, you must cancel before the trial ends to avoid being charged for the first billing period.

For Subscriptions purchased through pinqast.com: To cancel, log in to your account at www.pinqast.com, select "Manage Account," then select "Manage Subscription," and follow the prompts to cancel your Subscription. Alternatively, you may contact PinQast Customer Support at https://support.pinqast.com/s/email-us-form to request cancellation.

Site purchases cannot be canceled through Apple, Google Play, or any other Third Party Platform. To avoid renewal charges, cancellation must be completed before the applicable renewal date.

E. Price Changes

We may change the fees or other terms of your Subscription prospectively for future billing periods. Any price increase or other material change will take effect at the start of the next billing period (and will not apply to the current period) unless you affirmatively agree to an earlier effective date (for example, when you upgrade, add features, or change plans).

If the price of your Subscription increases or other material terms change, we will provide you with advance notice in a commercially reasonable manner (such as by email to the address associated with your account and/or in-product notification) and in compliance with applicable law. You will have an opportunity to cancel or modify your Subscription before the change takes effect or before any automatic renewal at the changed price is charged to your account.

We may, from time to time, add, modify, or remove features or benefits of a Subscription or the Services, either temporarily or permanently. If a modification is material and you do not wish to continue your Subscription after such modification, you may cancel your Subscription in accordance with these Terms of Use before the effective date of the modification. Your continued use of the Services or failure to cancel your Subscription after the effective date of any modification constitutes your acceptance of the change, including for any subsequent renewals.

F. Payment Methods; Billing

PinQast uses a third party payment processor (the "Payment Processor") to accept and process payments for Subscriptions purchased through the Sites. PinQast may accept various forms of payment ("Payment Method"), which may be determined by agreements between you and your financial institution, card issuer, or other provider of your chosen Payment Method. By submitting an order for a Subscription, you authorize PinQast, or the Payment Processor acting on PinQast's behalf, to charge your Payment Method for the amounts disclosed to you at checkout and under these Terms of Use, including recurring Subscription fees upon each automatic renewal, any applicable taxes, fees, and charges, and any price changes implemented in accordance with these Terms of Use. You also authorize PinQast and the Payment Processor to obtain, share, and use the information and instructions necessary to complete and service your transaction (for example, payment authorization, transaction processing, settlement, fraud prevention, and customer support), in accordance with PinQast's Privacy Policy and the Payment Processor's terms and privacy policy, and as permitted by applicable law. Processing of your payments is subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use. While PinQast exercises commercially reasonable care in selecting and working with its Payment Processor, certain errors, delays, declines, or service interruptions may occur that are outside of PinQast's control. If a charge is declined or your Payment Method is otherwise unavailable, PinQast may (i) retry the charge using the same Payment Method, (ii) request that you update your billing information, and/or (iii) suspend or terminate access to your Subscription until payment is successfully processed. Your card issuer or the Payment Processor may provide PinQast with updated Payment Method information (for example, a new card number or updated expiration date) through card-network account-updater services to help prevent interruption of your Subscription. If you wish to change or remove your Payment Method, you can update your billing information in your account. If your Payment Method provider allows you to opt out of automatic updates, you must contact them directly to do so.

If you purchased your Subscription through a Third Party Platform, that platform's terms, payment methods, billing cycles, and refund policies will govern your payments, and you must manage billing and cancellations directly with the platform.

G. Free Trials.

We may, from time to time, offer free or promotional trial Subscriptions. If your Subscription includes a free trial, you will not be charged the applicable fee during the trial period. To activate a free trial, you must provide a valid Payment Method. At the end of the free trial, your Subscription will automatically convert to a paid Subscription at the then-current rate, and your Payment Method will be charged the applicable fees (plus any applicable taxes), unless you cancel your Subscription at least 24 hours before the free trial ends, in accordance with these Terms of Use. By enrolling in a free trial, you acknowledge and agree to the automatic conversion and recurring charges unless timely canceled. You can cancel the Subscription without incurring any charges any time up until 24 hours before the end of your free trial. If you cancel fewer than 24 hours before the end of your free trial, we may be unable to prevent the first charge from processing, but your cancellation will take effect at the end of the first billing period and will prevent any further renewals, except as required by applicable law. We may place a temporary authorization hold on your Payment Method during the free trial to verify the account and available funds. Unless otherwise required by applicable law, we are not obligated to provide a separate notice that your free trial is about to end or has ended; however, where such notice is required, we will provide a reminder in a commercially reasonable manner (for example, by email and/or in-product notification) within the timeframe required by law. Availability of free trials is not guaranteed and may be limited to new subscribers who have not previously redeemed a free trial for the same Service. Free trials are limited to one per customer, household, or account, and we reserve the right to determine eligibility and to prevent abuse. We may modify, suspend, or withdraw any free trial offer at any time, in our reasonable discretion, with or without notice. Any such changes will not affect users who have already begun a free-trial period, except as permitted by applicable law. If you enroll in a free trial through a Third Party Platform, that platform's terms and processes govern trial eligibility, conversion to paid status, notices, and cancellation.

H. Refund Policy, Account Deletion and Subscription Impact

Non-Refundability. All Subscriptions are non-refundable, non-creditable, and non-prorated, except where required by applicable law. This means we do not provide refunds or credits for partially used billing periods or for periods during which you do not access the Services.

Account Deletion and Subscription Impact. If you delete your account, you will lose the ability to log in and access any of your associated Subscriptions, but the impact on your Subscriptions depends on how they were purchased:

Site Subscriptions: Subscriptions purchased directly through our Sites will continue to run through the end of your current billing period, but you will be unable to access the applicable Services provided under the Subscription during this time due to account deletion. These Subscriptions will not renew after the end of the then-current billing period. You will not receive a refund for any unused time remaining in your current billing period when you delete your account.

Third Party Platform Subscriptions: Subscriptions purchased through a Third Party Platform (such as the Apple App Store or Google Play Store) are managed by that platform. Deleting your PinQast account does not cancel these Subscriptions, but will break the connection between your PinQast account and the Subscription. You can continue to access the Services through the Third Party Platform Subscription, but you will no longer have an associated PinQast account. You must cancel your Subscription directly through the applicable Third Party Platform to stop future billing. PinQast cannot cancel, manage, or refund Third Party Platform Subscriptions. Please consult the Third Party Platform's cancellation and refund procedures for additional information.

Subscription Cancellation (Without Account Deletion)

If you cancel your Subscription without deleting your account, you will continue to have access to the applicable Service(s) through the end of your current billing period (for example, through the end of the month, for a monthly Subscription, or year, for an annual Subscription), and your Subscription will not renew for any additional billing periods after cancellation.

For Third Party Platform Subscriptions, cancellation must be completed through the applicable Third Party Platform. PinQast cannot process cancellations for those Subscriptions.

Subscription Cancellation (With Subsequent Account Deletion)

If you cancel your Third Party Platform Subscription, you will retain access to all Services provided under that Subscription until the end of your current billing period. However, if you delete your PinQast account before that billing period expires, you will immediately lose access to all such Services, and no refund or credit will be provided for any unused portion of the billing period.

I. European Economic Area (EEA) and United Kingdom Consumers — Right of Withdrawal for Digital Services (Ongoing Access)

PinQast, LLC is located and operated in the United States. However, if we direct sales of Subscriptions to your country, certain mandatory consumer-protection laws (including Directive 2011/83/EU and national implementations, or the UK Consumer Contracts Regulations 2013) may apply to you as a consumer. By purchasing a Subscription that provides ongoing access to a digital service, you expressly request that service begin immediately during the 14-day withdrawal period. If you exercise your right of withdrawal within 14 days of purchase, we may charge a proportionate amount for the services provided before we receive your notice of withdrawal, and we will refund any remaining prepaid amounts in accordance with applicable law. For clarity, the 14-day withdrawal right applies once at the start of the contract and does not restart upon conversion from a free trial or upon automatic renewal, unless a renewal or conversion is treated as a new contract under applicable law.

You may exercise your right of withdrawal by contacting us through the methods set out in these Terms of Use (including by using the model withdrawal form or by making a clear statement of your decision to withdraw). We will confirm these terms and provide post-contract information on a durable medium (for example, by email). Refunds will be issued without undue delay, and no later than 14 days from the day we receive your notice of withdrawal, using the same payment method you used for the original transaction unless you agree otherwise.

If you purchased your Subscription through a Third Party Platform (for example, the Apple App Store or Google Play Store), you must exercise any cancellation or withdrawal rights and request any refund directly through that platform in accordance with its applicable terms and refund policies. Platform terms govern the timing and processing of such requests.

J. Bundles.

We may offer Subscription bundles that provide access to multiple apps, websites, platforms, or services (each, a "Bundle"). Bundles may be available for purchase through certain Third Party Platforms, such as the Apple App Store and the Google Play Store, or through the Sites. The contents, price, subscription period (e.g., monthly or annual), and any special terms for a Bundle will be disclosed to you at or before purchase, in accordance with applicable law. By purchasing a Bundle, you agree to these Terms of Use and any app, website, platform, or service specific terms for items included in the Bundle. If there is a conflict between these Terms of Use and the specific terms for an included item, the specific terms for the affected item will control solely for that item.

For Bundle purchases made through Third Party Platforms, your billing relationship is with the applicable Third Party Platform, and your purchase, renewal, cancellation, refunds, proration, free-trial conversion, and price-change notices are governed by that Third Party Platform's terms and policies. We do not control your Third Party Platform billing account and cannot cancel, credit, or refund Third Party Platform purchases on your behalf. For Bundle purchases made through the Sites, your billing relationship is directly with us, and your purchase, renewal, cancellation, refunds, proration, free-trial conversion, and price-change notices are governed by these Terms of Use and our billing policies.

Some Bundle items may require you to create and maintain a PinQast account and sign in within each app, website, or platform to activate access or recognize platform entitlements. Entitlements purchased on one platform do not automatically transfer to another platform (for example, iOS ↔ Android or web) unless we expressly support cross-platform recognition for that Bundle and you link the same PinQast account. Feature parity is not guaranteed across platforms. Use on multiple devices within the same platform is subject to the platform's policies (for example, device limits, Family Sharing/Family Library). Not all Bundle components are eligible for sharing. Certain components may be unavailable or differ by device, operating system ("OS") version, region/country, or language. Material limitations known at purchase will be disclosed by the Third Party Platform and/or by us, as applicable.

Unless otherwise stated, Bundles auto-renew for the same period at the then-current price, and the payment method on file will be charged until you cancel. Where required by law, we and/or the Third Party Platform (as applicable) will provide advance notice of price increases or material changes. You may cancel your Bundle through the applicable Third Party Platform using its cancellation process or, for Site purchases, through your account settings on the Sites or by contacting us directly. Fees are non-refundable and no credits are issued for partial periods unless required by law or provided under the applicable Third Party Platform's policy or our billing policies, as applicable.

If you upgrade (or are transitioned) from a single app, website, or service ad-free subscription plan into a Bundle, your original ad-free benefit applies only to the specific app, website, or service covered by your original Subscription unless the Bundle listing expressly states broader ad-free coverage. Other included apps, websites, or services may contain advertising or sponsored content. Even in ad-free experiences, you may see sponsored or promotional content (for example, regarding our products or partnerships) or third party ads/tracking within embedded third party content (for example, YouTube), which is outside our control.

Subject to Third Party Platform rules and applicable law, we may add, remove, substitute, or modify apps, websites, platforms, or services included in a Bundle. If a Bundle is discontinued or materially altered in a way that materially reduces its value, we and/or the Third Party Platform (as applicable) will provide notice and, where required by applicable law, an appropriate remedy (such as a refund, credit, or alternative offering) administered through the platform or directly by us, as applicable.

Bundles are sold only as complete packages. Unless expressly stated otherwise, individual apps, websites, platforms, or services included in a Bundle cannot be substituted, exchanged, transferred, or refunded separately.

Prorations, credits, and effective dates for upgrades or downgrades may vary by Third Party Platform policies or our billing policies, as applicable, and will be disclosed at the time of change.

8. What you contribute

A. "User Content" means any information, text, data (including any data derived from the PinQast connected sensor and community data network), weather, earthquake, hazard, disaster, and environmental updates, comments, images, photos, videos, music, or other works of authorship, content, or materials that you Post on the Services. "Post" means upload, submit, transmit, or otherwise make available on or through the Services.

For clarity, "User Content" does not include:

• any PinQast Content; or
• any works of authorship, content, or materials that you submit directly to PinQast's Newsletter, Content, or Editorial teams (whether voluntarily or at PinQast's request) via email, phone, text message, or direct message through PinQast's digital media properties or accounts on third party social media platforms, or through PinQast's customer service or support channels. Submissions in this category may be considered for publication on the Sites at PinQast's sole discretion, and any such publication is subject to your agreement to PinQast's Intellectual Property Terms and Privacy Policy.

B. If you choose to submit content to any public area of the Services, such content will be considered "public" and will be accessible by anyone, including us. You understand that, even after removal, copies of your content may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other users. You retain all ownership rights in your User Content. By Posting User Content on the Services, for good and valuable consideration, the sufficiency and receipt of which you acknowledge, you automatically grant, or if you are not the sole owner you warrant that the owner or co-owners of such User Content have expressly granted, to PinQast and its subsidiaries, affiliates, contractors, and licensees, the royalty-free and payment-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such User Content (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media, or technology now known or hereafter devised for the purposes of operating, improving, promoting, and providing the Services. You hereby grant other users of the Services the limited right to access, view, store, or reproduce your User Content for personal use. To the fullest extent permitted by applicable law, you waive any rights of attribution, integrity, or other similarly afforded moral rights in the User Content in connection with its use by PinQast and other authorized parties, and you consent to the use of your name, user name, likeness, avatars, geographical location, and descriptions and text accompanying your Posts of User Content on the Services and in publicity or advertising without compensation. You understand and agree that PinQast has no obligation to copy, publish, display, or otherwise exploit the User Content, nor any obligation to prevent, or have any liability for, any unauthorized copying, publishing, displaying, or other exploitation of the User Content. PinQast may alter User Content as appropriate for the medium. The foregoing license survives termination of your account and removal of User Content to the extent copies have been previously used, distributed, or incorporated into our Services or third-party platforms, or as reasonably required for legal compliance, dispute resolution, or legitimate business archival purposes.

C. PinQast may, in its sole discretion, remove, edit, or refuse to Post any User Content submitted to or Posted on the Services because it finds User Content to be in violation of these Terms of Use or PinQast's Community Guidelines or otherwise objectionable, for any other reason, or for no reason. PinQast may suspend or terminate accounts, restrict features, and take enforcement action, including for repeat infringers. PinQast does not have an obligation to review User Content Posted on the Services, and PinQast cannot assure that User Content, including but not limited to user-reported weather, earthquake, tsunami, wildfire, environmental, travel, road, rescue, or other conditions, will be accurate, complete, timely, reliable, useful, appropriate, or appropriately expressed. While PinQast may review User Content, PinQast does not assume responsibility for the contents of any User Content. YOU SHOULD NOT RELY OR TAKE ANY ACTION BASED UPON USER CONTENT THAT COULD INVOLVE OR LEAD TO RISK, DANGER, OR HARM OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, RISK TO A PERSON'S SAFETY, SECURITY, OR HEALTH, PROPERTY DAMAGE, OR ECONOMIC LOSSES. PinQast respects intellectual property rights and may remove or disable access to content upon receiving a compliant notice or reasonable suspicion of the infringement of IP rights. Accounts of repeat infringers may be terminated.

D. You will not Post to the Services any User Content that could foreseeably pose risk, danger, or harm of any kind, including, but not limited to, risk to a person's safety, security, or health, property damage, or economic losses. You will not Post to the Services any User Content protected by copyright, trademark, or other proprietary rights without the express permission of the owner of such rights in the material, and the burden of determining whether any User Content is protected by such rights rests with you. You will be solely liable for any damage resulting from any infringement of such rights, or any other harm resulting from your User Content.

E. Subject to PinQast's policies regarding privacy, any User Content, ideas, suggestions, concepts, or other material submitted by you will be treated as non-confidential. Personal Data included in User Content will be processed in accordance with PinQast's Privacy Policy. Do not include Personal Data in User Content.

F. If you Post any User Content, you will be deemed to have made the following representations and warranties, upon which PinQast will have the right to rely:

• i. You have the sole and exclusive right to grant the rights described in Section 8.B to PinQast;
• ii. You have obtained any and all necessary rights and, where required, written releases from any and all recognizable persons appearing or heard in the User Content, and from any and all persons who provided any content appearing or heard in the User Content;
• iii. PinQast's exercise of the rights you grant to PinQast under Section 8.B will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy, or publicity rights anywhere in the world; and
• iv. You are 18 years of age or older and are the age of majority in your jurisdiction.

G. Feedback. If you choose to provide PinQast with ideas, suggestions, proposals, or other feedback regarding problems with, or proposed modifications, enhancements, or improvements to, the Services ("Feedback"), including any Feedback submitted in connection with product testing and consumer surveys, then you hereby grant to PinQast an irrevocable, perpetual, royalty-free, and fully paid up, worldwide, non-exclusive, transferable, sublicensable, license to use, publish, reproduce, modify, distribute, display, perform, and otherwise exploit the Feedback for any purpose, including the operation, improvement, and promotion of the Services and PinQast's products and offerings, without any obligation of credit, attribution, or compensation to you. To the fullest extent permitted by applicable law, you waive any moral rights or similar rights you may have in the Feedback.

H. Experimental Features. We may, from time to time, test, display, or otherwise make available through the Services certain experimental, preview, or beta features (collectively, "Experimental Features"). Experimental Features may be incomplete, unstable, unavailable, or never released publicly. Experimental Features are provided on an "as is" and "as available" basis and are excluded from any service-level, uptime, support, or availability commitments unless we expressly state otherwise.

Your use of or interaction with any Experimental Feature does not obligate us to continue providing or commercially release that feature. We may modify, suspend, or discontinue any Experimental Feature at any time without notice. Experimental Features are not designed for production or safety-critical use, and you should not rely on them for decisions that could involve or lead to risk, danger, or harm of any kind.

Experimental Features may collect diagnostic, usage, and performance data to help us operate, improve, and evaluate the Services. Such data will be processed in accordance with PinQast's Privacy Policy and applicable law. If you choose to provide ideas, suggestions, or feedback related to Experimental Features, Section 8.G (Feedback) applies.

If we disclose non-public information to you about an Experimental Feature, you agree to use such information solely for evaluation of the feature and not to disclose it to third parties, except as permitted by applicable law or by us in writing. You agree to comply with applicable laws (including export, sanctions, and safety regulations) in connection with your use of Experimental Features.

To the fullest extent permitted by applicable law, we disclaim all warranties (express, implied, statutory, or otherwise) and liability arising from your use of or reliance on any Experimental Feature.

9. Text message alerts

The terms and conditions in this Section relate specifically to your use of any of PinQast's text, MMS, and SMS message and alert Services, which, when offered, are offered in the United States only. When offered, these Services provide messages and alerts related to weather, earthquake, tsunami, wildfire, disaster, environmental, and related conditions and occurrences, as well as customer support communications, and other types of information as specified in the Services via text/MMS/SMS means. Information relating to your opt-in and consent to receive PinQast's text and MMS/SMS message and alert Services will not be shared with any third parties, except with vendors or service providers engaged to support the delivery, analysis, improvement, maintenance, or other operational aspects of such Services. Any information specifically related to your consent to receive marketing or promotional text messages will not be shared with third parties or affiliates for their own marketing or promotional purposes.

A. Subscription to the Service. By subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which you are directing messages to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.

B. Short Code; Quantity of Messages. Text message hazard and emergency alerts will come from an SMS short code that will be provided to you. PinQast may provide several types of recurring messages and alerts. Some are sent daily and some are sent only when certain conditions occur. The number of alerts received varies by alert type and also depends on the settings you choose and the weather conditions in the relevant location. You acknowledge and agree that PinQast may send you program-related messages related to billing, maintenance, usage, tips, reminders, technical support, and the operation of the Services.

C. Limitations. The Services may not be available at all times and in all areas. Certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier's network and text messaging platform, and restrictions set by your carrier to your account. Neither PinQast nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither PinQast nor its third party service providers are responsible for messages that are lost or misdirected.

D. Third Party Charges and Mobile Alerts. A mobile phone or wireless device is required to use the Services. The Services are not available on all carriers or on all rates plans. Even for Services for which PinQast does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will PinQast, its third party service providers, agents, or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.

E. How to Opt Out. You may opt out of PinQast's text/SMS message and alert Services at any time by texting the keyword "STOP" to the SMS short code provided to you. If you have registered for PinQast's text/SMS message and alert Services, you may also have the ability to opt out by signing into your Account and disabling the Services. Upon receipt of your opt-out message, you agree to PinQast or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Services, and that may also contain contact information and/or instructions as to how you can opt back in to PinQast's text/SMS message and alert Services. You agree that, upon opt-out, your participation in the PinQast's text/SMS message and alert Services is deemed terminated immediately.

F. Customer Care. For customer support, text "HELP" to the provided SMS short code, or, on the Internet, visit https://support.pinqast.com/s/email-us-form.

10. Email from us

By providing your email address to us (including through our websites, contact forms, account registration, or other interactions with our Services), you consent to receive electronic communications from us as follows and as permitted by applicable law.

A. Service-Related Communications (All Users). Regardless of your location, we may send you service-related notices, account updates, security alerts, administrative messages, billing statements, and other transactional communications necessary for the operation and maintenance of your account and our Services. These communications are essential for service delivery and you cannot opt out of receiving them while maintaining an active account, except where applicable law requires otherwise (for example, if you delete your account). These communications do not require separate marketing consent because they are necessary to perform our contract with you and/or are otherwise permitted under applicable law.

B. Promotional and Marketing Communications. Your consent requirements depend on your jurisdiction of residence:

(i) Users in the United States: By providing your email address, you consent to receive promotional and marketing communications about our products, services, special offers, newsletters, and other commercial content. You may opt out at any time using the unsubscribe mechanism in each email or by contacting us directly - your unsubscribe may take a few days to process.

(ii) Users in Jurisdictions Requiring Opt-In Consent (including the European Union, Canada, Australia, and Brazil): We will provide you with a separate opportunity to give explicit opt-in consent before sending any promotional communications. You will not receive promotional communications unless you have affirmatively consented. You may withdraw your consent at any time using the unsubscribe mechanism in each email or by contacting us directly, and we will process your withdrawal within a reasonable timeframe in accordance with applicable law.

C. General Opt-Out. You may opt out of receiving promotional or marketing communications at any time using the unsubscribe mechanism in each email or by contacting us directly. Even after opting out, you will continue to receive necessary service-related and transactional communications.

11. What we do not promise, and our limits

A. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL CONTENT, INFORMATION, FORECASTS, ALERTS, ROUTING AND NAVIGATION FEATURES INCLUDED THEREIN, AND ALL PRODUCTS OR MERCHANDISE PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, OTHER THAN THOSE WARRANTIES WHICH ARE BOTH IMPLIED BY APPLICABLE LAW AND MADE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PinQast, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS, OR LICENSORS (COLLECTIVELY, "COVERED PARTIES") WARRANT THAT THE SERVICES AND ANY RELATED CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF COMPUTER VIRUSES OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, OR RELIABILITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT, INFORMATION, FORECASTS, ALERTS, ROUTING AND NAVIGATION FEATURES, PRODUCTS, OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

B. General Information Disclaimer. The Services and the weather, geological, disaster, environmental, and other information made available through them are provided only for your convenience and reference and are not intended as, nor should they be treated as, a substitute for information provided by official government authorities and emergency services. You are cautioned to consider carefully the provisional and advisory nature of the information and to check with your official government authorities and other sources of information before making decisions concerning personal or public safety or property or the conduct of business.

C. Emergency Alerts. In an effort to provide safety information, some of our Services may provide summary information or notifications of severe weather, earthquake, tsunami, wildfire, or other emergency alerts that have been issued by government authorities. We strongly recommend that you review the full text of any such alerts in our Services or elsewhere, that you consult with local sources and authorities for complete information and instructions, and that you take immediate steps to ensure your safety. You acknowledge the inherent risk of relying upon weather, geological, disaster, environmental, and other information and that you may not receive particular weather, geological, disaster, environmental, and other information or a particular notification, and therefore, you should seek information and notifications from other sources as a backup and for verification. The information provided by the Services may not encompass all weather, geological, disaster, environmental, and other conditions, phenomena, or incidents. The accuracy of your location may be affected by network conditions and other factors, and your location may not be updated or accurate in real-time, in which case you may not receive severe weather, earthquake, tsunami, wildfire, or other emergency alerts or may not receive them on a timely basis. You must not interact with the Services while driving, biking, running, or participating in other activities during which injury or damage to person or property could result if you are distracted by such interaction.

D. Geographic Availability. Certain Services are not available in all languages or in all countries. PinQast makes no representation that such Services are appropriate or available for use in any particular location. To the extent that you make use of such Services, you do so on your own initiative and at your own risk and are responsible for compliance with any applicable laws. You agree not to circumvent settings or measures used in the Services that are intended to restrict use of the Services to specific countries or locations, and you agree that PinQast shall have no liability to you, and that you will hold PinQast harmless from any third party legal actions, in the event that you do so.

E. Location Data. PinQast makes no representation, warranty, or guarantee of accuracy, completeness, timeliness, availability, or reliability of any location data or location capabilities of the Services. Be cautious when sharing location information with others.

F. Driving/Commuter Forecasts. With respect to driving/commuter forecasts and similar services made available to you, you acknowledge and agree that map data, routing data, navigation data, traffic data, directions, and related content are provided for planning purposes only. You may find that weather or hazard conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results provided to you through driving/commuter forecasts or similar services. You should exercise judgment in your use of such services and must obey all signs or notices regarding your route.

G. Travel and Transportation Forecast Information. With respect to any travel, route, transportation, aviation-weather, and turbulence forecasts and alerts made available through the Services ("Travel and Transportation Forecast Information"), you acknowledge and agree that such Travel and Transportation Forecast Information is provided solely for general awareness and educational purposes for passengers. Travel and Transportation Forecast Information is not official aviation guidance, is not a substitute for airline policies, crew member instructions, or regulatory notices, and must not be relied upon as a determination of when it is safe or unsafe to move about the cabin, use the lavatory, or receive in-flight services. Federal Aviation Administration (FAA) guidelines and the laws or rules of other transportation and aviation authorities require that passengers comply with posted seatbelt signs, airline policies, and crew member instructions. Travel and Transportation Forecast Information provided through any Apps or Sites does not override, replace, or supplement such official information or instructions. You must always follow flight crew instructions and seatbelt signs first. Atmospheric conditions, flight plans, and turbulence patterns can change rapidly and unpredictably, and actual weather, hazard, and turbulence conditions may differ materially from the Travel and Transportation Forecast Information provided. To the fullest extent permitted by applicable law, the Services and Travel and Transportation Forecast Information are provided "as is" and "as available," and PinQast disclaims all warranties (express, implied, statutory, or otherwise) and all liability for your reliance on or interpretation of any Travel and Transportation Forecast Information.

H. Health, Travel, and Outdoor Activity Information. With respect to any health, well-being, lifestyle, travel, or outdoor activity-related forecasts, recommendations, or similar services we provide, you acknowledge and agree that such information is offered for informational and planning purposes only and should not be solely relied upon for making personal decisions or plans. Any health-related information (for example, regarding air quality, UV exposure, allergy, cold, or flu risks, or fitness suitability) is not medical advice and should not be relied upon as such. Travel suggestions and alerts are provided for convenience only and may not reflect official restrictions, advisories, or real-time conditions. You are solely responsible for verifying current regulations, safety conditions, and transportation updates with official sources such as government or transportation authorities.

Recommendations relating to outdoor activities (such as running, cycling, hiking, gardening, camping, skiing, sailing, tennis, pickleball, or golf) are general in nature. Actual conditions—including terrain, weather changes, and your personal preparedness—may impact your experience and safety. You are solely responsible for determining whether conditions are appropriate for your intended activities. Weather and environmental conditions may change rapidly due to atmospheric or other factors, and unforeseen events may impact travel plans or the safety, feasibility, or enjoyment of any recommended activities. Individual results and experiences may vary depending on factors such as personal fitness, medical conditions, weather, and local circumstances at the time of travel or activity.

Always consult official weather, geological, emergency-management, or public-safety agencies, emergency services, qualified health care providers, or other appropriate professionals before making any decisions that may affect your health, safety, or well-being. To the fullest extent permitted by applicable law, the Services and any health, travel, or outdoor activity related forecasts, recommendations, or information are provided "as is" and "as available," and PinQast disclaims all warranties (express, implied, statutory, or otherwise) and all liability arising from your reliance on, or use of, such information.

I. EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COVERED PARTIES WILL NOT BE LIABLE IN CONTRACT, IN TORT, UNDER A NEGLIGENCE THEORY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND EVEN IF COVERED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF: (i) YOUR USE OR YOUR INABILITY TO USE THE SERVICES, (ii) YOUR CREATION OF CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH COVERED PARTIES HAVE NO CONTROL; (vi) THESE TERMS OF USE; (vii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE CONTENT, INFORMATION, FORECASTS, RECOMMENDATIONS, ALERTS, ROUTING AND NAVIGATION FEATURES, PRODUCTS, OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

J. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL PinQast'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, PinQast'S OWN NEGLIGENCE), OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU TO PinQast, IF ANY, FOR OBTAINING OR ACCESSING THE SERVICES.

K. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain types of liability. Accordingly, those provisions of these Terms of Use which are contrary to or are not enforceable under applicable law will not apply to you and do not affect any statutory rights available to you which may not be disclaimed or limited; provided, however, that you agree and acknowledge that the remainder of this Section 11 and these Terms of Use will continue to be binding and enforceable.

12. If a claim comes from your use

You agree to defend, indemnify, and hold harmless PinQast and its suppliers, licensors, distributors, representatives, agents, and affiliated companies and their respective directors, officers, employees, contractors, representatives, and agents (collectively, "Indemnitees") from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees and costs) (collectively, "Losses") arising out, relating to, or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms of Use. If, despite the personal nature of the licenses granted to you under these Terms of Use, you allow any individual to use the Services, or provide to any individual any information received via the Services, you agree to inform such individual of the existence and provisions of these Terms of Use, which will be binding upon such individual, and you agree to defend, indemnify, and hold harmless the Indemnitees from any and all Losses related to such individual's use of, or receipt of information from, the Services. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this Section may not apply to you.

13. Our name and our marks

PinQast®, pinqast.com®, My Circle™, QAST360™, PinQast Rescue™, and PinQast's names, logos, product names, service names, and related marks are trademarks or service marks of PinQast, LLC, to the extent protected under applicable law. All rights reserved. All other trademarks appearing on the Services are the property of their respective owners.

14. Other people’s content and services

A. Areas of the Sites may include forums, blogs, or message boards that allow for public discussion of weather-, disaster-, hazard-, safety-, and preparedness-related ideas, facts, and opinions, and posting of comments and other content ("Public Areas"). PinQast is not a publisher of content supplied by third parties and users of the Services, but is instead a distributor of such content. Accordingly, PinQast has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of PinQast. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. PinQast neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Services by anyone other than authorized PinQast employee spokespersons while acting in their official capacities.

B. To keep our Public Areas fun, safe, and enjoyable, your use of the Services is subject to our Community Guidelines, which are part of these Terms of Use.

Some of the Services incorporate links to websites, applications, and services operated by third parties. You acknowledge that these links are provided solely as a convenience to you. PinQast does not in any way endorse, nor is it responsible for the operation of, or content provided through, websites, applications, and services operated by third parties, and your use thereof is at your own risk.

C. Some content or functionality of the Services may be provided through or enabled by device manufacturers, communications carriers, distributors, or other third parties not controlled by or affiliated with PinQast. You acknowledge that phone service, Internet or data access, or SMS messaging service may be required in order for you to access certain Services. You are responsible for obtaining all such services and access at your sole cost, and PinQast will have no responsibility or liability for any such services or access.

D. If you obtain or access Services in the form of a downloadable, preloaded, or remotely accessed software application (including, without limitation, computer, mobile, tablet, connected car/in-vehicle infotainment system, virtual/chat/voice assistant, or interactive or conversational interface applications) through Apple's App Store, Google's Play Store, Amazon's Appstore for Android, Amazon's Alexa Skills Store, Samsung's Galaxy Store, or any other platform stores, you acknowledge that, as applicable, Apple Inc., Google Inc., Amazon.com, Inc., Samsung Electronics Co., Ltd., or any other platform operators and their subsidiaries and affiliates, are third party beneficiaries to these Terms of Use, and will have the right to enforce these Terms of Use against you as a third party beneficiary. You acknowledge that these third party beneficiaries are not parties to these Terms of Use and are not responsible for the provision, maintenance, or support of the Services. You agree that your access to the foregoing Services will be subject to and in compliance with the usage terms set forth in the applicable third party beneficiary's terms of service, terms of use, end user license agreement, or similar terms to which you are bound.

E. The business associates of PinQast identified on the Services are independent contractors of PinQast and are not providers of third party content or third party services as described in this Section 14. The business associates are not joint venturers or partners of PinQast. No employee or representative of the business associates is under the control of PinQast.

F. The Services may contain advertising, sponsorships, or promotional content. Advertisers and sponsors are solely responsible for accuracy of their materials and for compliance with all applicable laws, rules, and regulations. PinQast may engage vendors, contractors, and service providers to help operate or provide portions of the Services. You acknowledge that you are not a third party beneficiary of any agreements between PinQast and such vendors, advertisers, business affiliates, or service providers and that you have no contractual or other relationship with them arising from your use of the Service or from any information provided through the Services. To the extent that any rights or claims might otherwise arise in your favor against any advertiser, affiliate, vendor, or service provider by operation of law or otherwise, you waive and release all such rights and claims to the fullest extent permitted by applicable law.

G. Some of the Services may provide hazard or emergency alerts sourced from third-party government, meteorological, geological, tsunami, wildfire, or emergency-management authorities. PinQast does not claim copyright ownership with respect to such information, which is either owned by its respective producers or is not subject to copyright, depending upon the information and the laws of the country providing the information (Further information can be obtained from: the applicable source authority). Time delays between the Services and the applicable source authority are possible, so for the most up-to-date information about alert levels as published by the applicable source authorities, please use the applicable official source.

H. In addition to displaying weather, hazard, disaster, and environmental data on the Services, PinQast also licenses weather, hazard, disaster, and environmental data to thousands of customers for utilization and display on their own properties. In implementing weather, hazard, disaster, and environmental data on their own properties, licensed customers of PinQast may display or categorize geographic locations and hazard information differently in their own discretion and without PinQast's endorsement.

15. Export rules

Software and other materials from the Services may be subject to United States export control laws. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into or in (or to a national or resident of) Cuba, North Korea, Iran, Syria, Belarus, Russia, the Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine, or any other country or region to which the United States has embargoed goods; or (2) by or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. PinQast does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the foregoing. If you use any software from the Services which are subject to United States export control laws, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16. Copyright complaints

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide PinQast's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

• A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PinQast to locate the material;
• D. Information reasonably sufficient to permit PinQast to contact you;
• E. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Services can be reached as follows:

PinQast, LLC
Email: [email protected]

This contact information is only for reporting copyright infringement under United States law. To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints, and questions related to the Services, please use the contact information specified in Section 23 (How to reach us) below.

PinQast has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.

17. Affiliate links

PinQast is a participant in the Affiliate and Promotional Programs, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

Third-party names, logos, and marks appearing in connection with affiliate or promotional programs are the property of their respective owners.

18. Connected sensors and the data feed

Registered PinQast account holders who own a compatible personal weather, seismic, air-quality, or environmental sensor and connect their connected sensor with PinQast through the PinQast website or application may receive an API key that enables them to connect to the PinQast Data Feed and access certain weather, hazard, disaster, and environmental data from PinQast's non-public systems (the "Data Feed").

The following additional terms apply to your use of the Data Feed:

• You may not modify, alter, or create derivative works from any data obtained through the Data Feed.
• You may not modify, alter, or interfere with the link structure, access method, or security mechanisms of the Data Feed.
• You may not remove, obscure, or modify any PinQast trademarks, logos, copyright notices, or proprietary legends included in the data or related materials.
• In all uses or displays of the data, you must clearly and visibly attribute PinQast as the data source (e.g., "Data provided by PinQast").
• You acknowledge that you do not acquire any ownership, license, or other proprietary rights in the Data Feed, any data derived from it, or any related intellectual property, all of which remain the exclusive property of PinQast and its affiliates.
• Data accessed through the Data Feed may only be used for personal, non-commercial purposes. Any commercial use—including resale, redistribution, or incorporation into commercial products or services—requires a separate written agreement with PinQast. To request commercial use rights, please contact us here.
• PinQast reserves the right to modify, suspend, or terminate access to the Data Feed or any related Services at any time, without prior notice, and to audit your compliance with these terms. In the event of any violation of these or other applicable terms, PinQast may immediately revoke your access to the Data Feed and the Services and pursue any other remedies available under law.

19. When we change these terms

PinQast may, from time to time and to the extent permitted by applicable law, modify or update these Terms of Use or the terms and conditions applicable to use of the Services, including, without limitation, by adding new or revised fees or charges. PinQast may provide notice of modifications by posting an updated version of these Terms of Use on the Services and/or by email or other communication method where contact information is available. Modifications will be effective: (i) immediately upon notice as described above, or (ii) where applicable law requires advance notice or affirmative consent, on the day specified in the notice and no earlier than 30 days after publication or notice through the Services, as applicable. For material changes that adversely affect your rights or obligations (including changes to dispute resolution or class action waiver terms), PinQast will provide at least 30 days' advance notice. Where applicable law requires your affirmative consent to a material change, the change will not take effect unless and until you provide such consent. Your continued use of the Services after such notice or after the effective date of any modification (including, without limitation, by continuing to access or submit content to the Services) will be deemed to constitute your acceptance of the modified terms except where applicable law requires affirmative consent. If any modification to these Terms of Use is unacceptable to you, you must immediately terminate your use of the Services and, if applicable, cancel any active Subscriptions in accordance with the cancellation procedures described in these Terms of Use.

20. Ending your access

A. PinQast reserves the right, to the extent permitted by applicable law, at any time to terminate and/or suspend access to the Services or any portion thereof, or to modify any of the Services or any aspect of the Services, including, without limitation, the content, features, functions, and availability of the Services, without notice (except as and when required by law or as otherwise explicitly provided in these Terms of Use). In addition, your license to use the Services may, at PinQast's discretion, be terminated when new versions of the Services are released, and your use of such new versions, if you choose to use them, will be governed by the Terms of Use made available by PinQast at such time.

B. Your license to use the Services under these Terms of Use, and any obligations of PinQast to you with respect to the Services, will automatically terminate if you fail to comply with any of these Terms of Use. No notice will be required from PinQast to enforce such termination unless notice or a cure period is required by applicable law. In the event of termination resulting from your failure to comply with these Terms of Use, you will receive no refund of any amounts paid for the Services, except to the extent required by applicable law.

C. The following Sections will survive termination of these Terms of Use: 1, 3, 8, 11, 12, 15, 16, 20, 21, 22, and 23. Nothing in this Section 20 limits any non-waivable statutory rights you may have under applicable consumer protection laws.

21. No class actions

You and PinQast agree that neither party will sue the other as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class action lawsuit against the other. Nothing in this Section, however, limits your rights or PinQast's rights to bring a lawsuit against the other as an individual plaintiff.

22. The rest

A. These Terms of Use constitute the entire agreement between PinQast and you regarding the subject matter of these Terms of Use and supersede all previous written or oral agreements regarding the subject matter. If any terms or conditions of these Terms of Use are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining terms and conditions will not be in any way affected or impaired. The Section headings used in these Terms of Use are for convenience only and will not be given any legal effect.

B. The rights licensed to you in these Terms of Use are personal to you, and may not be transferred to, assigned to, or used by any other person without PinQast's express prior written consent.

C. These Terms of Use will be governed by and construed in accordance with the laws of the state identified in PinQast's then-current legal notice, U.S.A., and where applicable U.S. federal law, in each case without regard to conflicts of law principles. All disputes under these Terms of Use will be brought exclusively in the state and federal courts identified in PinQast's then-current legal notice, and each party consents to the exclusive jurisdiction of, and exclusive venue in, such courts and hereby waives any objection based on jurisdiction or venue (including any claim of forum non conveniens).

D. No waiver by PinQast of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default.

E. These Terms of Use are published in English and may be translated into other languages to meet local legal requirements or for user convenience. Except where otherwise required by applicable law, in the event of any inconsistency or dispute between the English version and any non-English translation, the English version will control and govern, including for purposes of interpretation.

If you are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that these Terms of Use and all related documents be drafted in English, to the extent permitted by applicable law. Les parties confirment avoir exigé que le présent contrat et tous les documents qui s'y rattachent soient rédigés en anglais, dans la mesure permise par les lois applicables. If and to the extent any applicable law requires that a French-language version be provided or prevail, PinQast will make a French version available, and any mandatory French-language requirements will control.

F. The provisions of these Terms of Use are for the benefit of PinQast, its subsidiaries and affiliates, and, to the extent of their rights, for the benefit of PinQast's third party content providers, contractors, advertisers and distributors, and each of the foregoing will have the right to assert and enforce such provisions directly or on its own behalf as applicable.

23. How to reach us

All notices contemplated by these Terms of Use will be in writing. PinQast may provide notice to you through the Services or via email at PinQast's discretion or where required by law. All notices to PinQast should be addressed to:

Attn: Legal Department
PinQast, LLC
Email: [email protected]

Contact information for the Web editor of our websites:

Attn: Web Editor
PinQast, LLC
Email: [email protected]