TERMS OF SERVICE
Last Updated: November 18, 2025
Scope. The Athenium LLC Terms of Service consist of the Terms of Service and the Privacy Policy. The Terms of Service constitutes an agreement between you and Athenium LLC that allows you to make use of the Athenium Weather Intelligence platform, including any associated websites, applications, data, documentation, or other services associated with the website (collectively, the “Platform”), and certain licensed applications, plug-ins, add-ons and similar applications that may be available for download on or through the Platform or otherwise from Us (each, a “Licensed Application” and collectively, the “Licensed Applications”) so long as you comply with the requirements of the Terms of Service. (the Platform and Licensed Applications are collectively referred to herein as the “Products”). The Products are owned and the Platform is operated by Athenium LLC, a Delaware limited liability company (“Athenium” or “We” or “Us”).
Applicability. The Platform and associated Licensed Applications are intended to provide data, analysis and related information for weather and weather-related applications and uses.
GENERALLY APPLICABLE TERMS AND CONDITIONS
1. ELIGIBILITY FOR USE
To use the Products, you must be at least 18 years of age. Athenium does not intentionally make its services available for use by persons under 18. Use of the Products and their functionalities require registration.
2. ACCOUNT REGISTRATION
To access the Platform and/or use any Licensed Applications, you must first register to establish an individual user account (“Account“), by providing certain information. You agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Products and, if applicable, you agree to: (i) provide true, accurate, current and complete information about yourself and requested for Account registration; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Platform or Licensed Applications.
3. ACCESS CONTROLS
Access to the Platform is enabled only by usernames and passwords. You should maintain your username and password in strict confidence. In no event should you share your username or password with any third party or allow another person to access the Platform using your username and password. Please notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Platform using your username and password. We reserve the right to suspend your use of the Platform, or revoke or deactivate your username and password at any time.
4. FEES AND PAYMENT
If Products are provided to You under a paid subscription or other plan, You agree to pay all applicable fees in accordance with the pricing and payment terms presented to You at the time of purchase. If Your use of the Products falls under a corporate paid plan, then Your use is subject to the relevant company client having paid all fees and charges as and when due. Unless otherwise stated in an applicable ordering document executed at the time of purchase, all payments are due within 30 days after receipt of invoice. Except as expressly provided otherwise in writing, fees are non-refundable. All fees are stated in United States Dollars and must be paid in United States Dollars. Any amounts not paid when due shall be subject to a late fee calculated as interest at the rate of one and one-half percent (1.5%) per month, or the maximum legal rate if less, until paid in full. You shall also reimburse Athenium for all costs and expenses of collection (including attorney’s fees). We may suspend or terminate access for failure to pay fees when due.
5. END USER CONTENT
You are fully responsible for any information, data, images or other Content uploaded or posted using the Athenium Platform or Licensed Applications (collectively, “End User Content”), and assume any and all risks associated with sharing such information online. By uploading, posting or otherwise making available any End User Content, you represent that you own or have the right to publish such End User Content; and (ii) you grant to Athenium a non-exclusive, royalty-free license in perpetuity to use, copy and distribute such End User Content, consistent with applicable law.
6. INTELLECTUAL PROPERTY
Ownership – Platform. All the content available on or through the Platform and Products (except for the End User Content) are the property of Athenium or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law (collectively, “Athenium Content”). We give you permission to display, download, store and print the content only for your internal business purposes. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform or Products to any third party. All software and accompanying documentation made available for download from the Platform is the copyrighted work of Athenium or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.
Ownership – Licensed Applications. The Licensed Applications are protected by applicable intellectual property and other laws, including, but not limited to, United States copyright and law and international treaty provisions. You acknowledge that no title to the intellectual property in the Licensed Application or Athenium Content shall be transferred to you as a result of your acceptance of this Agreement. You further acknowledge that title and full ownership rights to the Licensed Application and Athenium Content will remain the exclusive property of Athenium or its licensors, and you shall not acquire any rights to the Licensed Application or the Athenium Content except as expressly set forth in this Agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Licensed Application or displayed in any Athenium Content.
Marks. All Athenium trade and service names and logos (collectively, the “Marks”) are trademarks of Athenium LLC. All other brands and names are the property of their respective owners. Nothing contained in the Products should be construed as granting any license or right to use any trademark displayed on the Platform or within the Licensed Applications without the express written permission of Athenium or such third-party that may own the trademark.
Limited License. Subject to the provisions of these Terms of Service, Athenium hereby grants you a limited, revocable, non-transferable and non-exclusive license to (i) access and use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform and any associated services for your internal business purposes, and (ii) use each Licensed Application you download on a single computer registered under your account in accordance with the relevant product documentation. Except as expressly provided herein, Athenium does not grant to you any express or implied rights to Athenium’s or any third party’s intellectual property.
License Restrictions. The license granted herein does not permit you, and you agree not to: (a) modify, alter, translate, reverse engineer, attempt to derive the source code of, disassemble, decompile or create derivative works of the Products or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, alter, translate, reverse engineer, disassemble, decompile or create derivative works of the Products; (b) transfer, distribute, sell, offer for sale, copy, reproduce, display, publicly perform, import, retransmit, lease, rent, disclose or provide access to the Products to any third party or use the Products to provide service bureau, time sharing or other services to third parties;
(c) access the Products in order to build a similar product or competitive product or to enhance an existing product, or (d) use the Licensed Application on any device that you do not own or control, or distribute or make the Licensed Application available where it could be used in a manner other than as expressly permitted in this Agreement.
Suggestions. Athenium shall own all right, title, and interests in any suggestions, enhancement requests, recommendation or other feedback provided by You relating to the Products and any possible improvements to the functionality, operation, or use of the Products.
7. ACCEPTABLE USE OF PRODUCTS
You agree to use the Products only in compliance with the terms of this Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or use the Products in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms of Service. You will not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You will not attempt to disrupt the operation of the Platform or any Products by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You will not use the Platform or Products in any manner that could damage, disable or impair any service associated with it or them. You will not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You will not use any robot, scraper or other means to access the Platform for any purpose.
8. CLOUD-BASED AND AI FUNCTIONALITY
Hosted Services. The Platform is hosted by or on behalf of Athenium and made available via the Internet and AI Models. You acknowledge that You are not receiving a copy of the Platform and that Your use is dependent on continued Internet connectivity and the use of AI models, including but not limited to Claude and ChatGPT.
AI and Machine Learning Features. The Platform may include functionality powered by artificial intelligence or machine learning (“AI Features”). You understand and agree that:
- AI Features generate outputs based on data inputs and probabilistic models, and may not be error-free or suitable for all purposes.
- You are solely responsible for verifying the accuracy, appropriateness, and legality of any output before using or relying upon it.
- Athenium does not guarantee that AI outputs will be unique or free from third-party
Improvement and Training. Unless otherwise agreed in writing, Athenium may use anonymized and aggregated data derived from Your use of the Platform to improve or train its AI models, enhance performance, and develop new products, in accordance with the Privacy Policy.
9. CHANGES TO THE AGREEMENT
We may, in our sole discretion, from time to time, and without prior notice, modify or amend these Terms of Service. It is your responsibility to review these terms and conditions each time you use this website. Your continued use of the Products constitutes your acceptance of any changed terms and conditions; if you do not agree with any changed terms and conditions, you must cease your use of the Products immediately.
10. CHANGES TO THE PRODUCTS
We reserve the right to change, suspend, or discontinue all or any part of the Platform, temporarily or permanently, without prior notice. We also reserve the right to delete or change any username or password at any time, for any legal reason.
The Licensed Applications that you use may automatically download and install updates from time to time. You agree to receive such updates (and permit the delivery of these to you) as part of your use of the Licensed Application. You acknowledge that in some instances, updates may reduce or remove functionality in prior versions of the Licensed Application, or may impose new fees for use of the Products. We will inform you when new fees apply.
11. LINKED THIRD-PARTY SITES; THIRD PARTY APPLICATIONS
Areas of the Platform may contain links to other websites operated by unrelated third parties, and use of the Platform may involve use of third party applications such as Claude and ChatGPT. Please note that when you click on any of these links or use third party applications, you are entering another website or using a third party application over which we have no responsibility or control. Our inclusion of any link on the Platform or use of a third party application does not imply affiliation, endorsement or adoption by us of the linked site, any information contained therein, or any third party application. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites and third party applications, as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links, as the result of the presence of such third-party links on this site, or your use of any use of third party applications. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.
12. TERM AND TERMINATION
The Agreement formed by your acceptance of these Terms of Service commences upon such acceptance, and continues in force for the entire time you make use of the Platform or any Products, until that use ceases or is terminated by either Party. We may in our sole discretion temporarily suspend or terminate your access to the Products at any time, for any legal reason. Athenium may in its discretion refuse to provide, or continue to provide, access to the Products to any person, entity or organization at any time, for any legal reason. Upon any termination, you agree to immediately cease any and all use of the Products, the use of which has been terminated by Athenium.
13. INDEMNIFICATION
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Athenium and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party“) against all costs, expenses, liabilities and damages (including reasonable attorneys’ and expert witness’ fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of your obligations set forth in this Agreement. You agree that you will not settle any third-party claim affecting the Indemnified Parties (or any of them) without the prior written consent of such Indemnified Party or Parties.
14. NO WARRANTY; RELEASE AND WAIVER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCTS (INCLUDING THE ATHENIUM CONTENT) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND/OR ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ATHENIUM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR USE OR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS AND/OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATHENIUM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You hereby release and hold Athenium its licensors, suppliers and providers and any third party who promotes the Products or provides you with a link to the Platform harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Products.
To the full extent permissible under applicable law, you waive the provisions of any state or local law limiting or prohibiting a general release.
15. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ATHENIUM ITS SUBSIDIARIES AND AFFILIATES, AND/OR ITS VENDORS AND LICENSORS BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS, ATHENIUM CONTENT AND/OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF STEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In the event of any problem with the Products or any of its content, you agree that your sole remedy is to cease using the relevant Products. In no circumstances shall Athenium any Athenium licensor or supplier, or any third party who promotes the Products or provides you with a link to the Platform be liable in any way for your use of the Platform, any Licensed Applications, or any of its content, including, but not limited to, any errors or omissions in any such content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
IN NO EVENT SHALL ATHENIUM’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ATHENIUM FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
16. OPERATION OF THE PLATFORM; RECORD RETENTION
We reserve complete and sole discretion with respect to the operation of the Platform. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform without prior notice pursuant to our internal record retention and/or destruction policies.
17. NOTICES
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Products or related services (collectively, “Notices“). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Platform or otherwise through our site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of all the Products.
18. INTERNATIONAL USE
The Platform is designed for and intended only for users in the United States. We make no representation that the information and services provided on the Platform are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Platform from territories where the content is illegal is prohibited. If you choose to access the Platform from a location outside the U.S., you do so on your own initiative, and you are responsible for compliance with local laws.
You agree that You will not export or re-export the Licensed Applications or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that You are not prohibited from receiving exports or services under United States or other applicable export laws. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the download, installation and/or use of the Licensed Application. 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.
19. COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Platform or the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.
20. USE BY THE US GOVERNMENT
If any Licensed Application is being used by or licensed to the United States Government, the following shall apply: The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Licensed Application” and “Commercial Computer Licensed Application Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Licensed Application and Commercial Computer Licensed Application Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
21. MISCELLANEOUS PROVISIONS
Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Delaware without regard to its rules on conflicts or choice of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts of or for the State of Delaware situated in Delaware for the resolution of any dispute based upon or relating to this Agreement.
Entire Agreement. This Agreement constitutes the sole Agreement between you and Athenium relating to your use and our provision of the Products and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Athenium.
Severability. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole.
Waiver. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Athenium of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Assignment. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part without the prior written consent of Athenium LLC. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.
Waiver of Jury Trial. If any dispute under this Agreement is not resolved by binding arbitration and is instead brought before a court, you hereby voluntarily agree to waive any rights you may have to a trial by jury.
Electronic Facsimiles. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
© 2025 Athenium LLC. All Rights Reserved.

