This End User Licence Agreement (“Agreement”) is between you and Candan Weng, an independent developer (“we”, “us”), and governs your use of the Whimsy Weather iOS application (“the App”). By downloading or using the App you agree to it. If you do not agree, do not use the App.
This Agreement is concluded between you and us alone, and not with Apple. We, not Apple, are solely responsible for the App and its content.
1. Licence
We grant you a personal, non-transferable, non-exclusive licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed to you, not sold.
You may not sell, rent, sub-licence or redistribute the App, nor reverse engineer, decompile or disassemble it except to the extent that applicable law expressly permits despite this restriction.
2. Whimsy Weather Pro and tips
The free version of the App keeps one saved place, plus your device’s own position, and shows automatically chosen scenes. Whimsy Weather Pro removes the limit on saved places and adds the home-screen widget and Live Activity, choosing the landscape by hand, and scrubbing the timeline into the forecast. Pro is available three ways, all unlocking identical features:
| Purchase | Length | Price |
|---|
| Whimsy Weather Pro (Monthly) | 1 month, auto-renewing | US$2 per month |
| Whimsy Weather Pro (Yearly) | 1 year, auto-renewing | US$18 per year |
| Whimsy Weather Pro (Lifetime) | One-off, permanent | US$60 |
Neither subscription includes a free trial or introductory period: the first period is charged at confirmation of purchase. Prices are set per region by the App Store; the amount shown on the Apple confirmation screen is the amount charged.
Payment is charged to your Apple Account at confirmation of purchase. Subscriptions renew automatically for the same period unless auto-renew is turned off at least 24 hours before the current period ends; your account is charged for renewal within 24 hours before that point. You can manage or cancel a subscription in Settings › Apple Account › Subscriptions. Cancelling stops future renewals; it does not refund the period already paid for.
The one-off purchase never expires and never renews. Buying it while a subscription is active does not automatically cancel the subscription — cancel it yourself in the Subscriptions screen.
Tips are optional consumable purchases that unlock nothing. They are a voluntary thank-you and are not refundable by us.
All purchases are processed by Apple. We cannot issue refunds; requests go to Apple at https://reportaproblem.apple.com.
3. Weather information is not a safety-of-life service
Read this section even if you read nothing else.
The App presents weather information from three kinds of source, and they are not equivalent:
- The forecast and current conditions come from Apple’s WeatherKit. They are a forecast: an estimate, which can be wrong, late, or unavailable.
- Official warnings are reproduced from the issuing service — the US National Weather Service, or MeteoAlarm for Europe. We do not issue them, alter their meaning, or vouch for them. A feed can be delayed, incomplete or briefly unreachable, and a region may have no feed the App can read at all.
- Derived advisories are the App’s own reading of the forecast, computed on your device. They are not official warnings, are not issued by any authority, and the App labels them as derived wherever it shows one.
The App is provided for general information and interest. It is not a warning system, and you must not rely on it where a missed, late or wrong warning could cause harm — including but not limited to aviation, marine navigation, offshore or mountain activity, construction, agriculture, driving decisions, evacuation, or any decision affecting health, safety or property. The tide, wave and sea-state figures the App derives from wind and the Moon are illustrative and are expressly not suitable for navigation.
For decisions that matter, use your national meteorological service and follow your civil authorities. Where this Agreement’s limits on liability are not permitted by the law that applies to you, they apply only to the extent that law allows.
4. Notifications
Advisory notifications are raised by the App on your device while it is running. They depend on iOS settings, notification permission, Focus modes, low-power states and network availability, and the App cannot raise one while it is not running — iOS does not keep it alive in the background, and this version subscribes to no push service. We do not guarantee that any given notification will be raised or delivered, and section 3 applies to notifications in full.
5. Your data
Your settings and saved places stay on your device. We operate no server that this version of the App contacts, hold no copy of your data, and cannot recover it for you if the device is lost or the App is deleted. See the Privacy Policy for what does leave your device, and to whom.
6. Acceptable use
Use the App lawfully. Do not attempt to circumvent purchase verification or the free-version limits, and do not redistribute, resell or systematically extract the weather data the App displays — that data belongs to the services named in section 3 and reaches you under their terms, not ours.
7. Maintenance and support
We are solely responsible for any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services. Support is provided on a best-effort basis at candanweng@gmail.com; see the support page.
8. Warranty
The App is provided “as is” and “as available”, without warranty of any kind to the fullest extent permitted by law.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.
Nothing in this Agreement excludes rights you have under mandatory consumer protection law in your country, which are not affected.
9. Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental or consequential loss, or for loss of data, arising from your use of the App or from any reliance on the weather information it presents. Where liability cannot be excluded, our total liability is limited to the amount you paid for the App in the twelve months before the claim.
10. Product claims
We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to an applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of HealthKit or HomeKit frameworks, if applicable.
11. Intellectual property
If a third party claims that the App or your possession and use of it infringes that party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
The App, its name, its artwork and its design remain our property. This Agreement transfers no ownership. Weather data displayed in the App remains the property of the services it comes from, which the App credits in Settings › About as those services require.
12. Legal compliance
You represent and warrant that (i) you are not located in a country 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.
13. Third-party terms
You must comply with applicable third-party terms of agreement when using the App — including, where relevant, the Apple Media Services Terms and Conditions, and the terms of the weather services credited in the App.
14. Third-party beneficiary
Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it, Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.
15. Termination
This licence ends if you stop using and delete the App, or if you materially breach this Agreement. Sections 3, 4 and 8 to 11, and section 14, survive termination.
16. Changes
We may update this Agreement. The current version is always published here with its date, and material changes will be noted in the App’s release notes. Continuing to use the App after a change means you accept the updated terms.
17. Governing law
This Agreement is governed by the laws of Taiwan (Republic of China), without regard to its conflict-of-laws rules, save where mandatory consumer protection law in your country of residence provides otherwise.
18. Contact
Candan Weng — candanweng@gmail.com
