Last updated: June 20, 2025
Please read these Terms and Use carefully before using the Bear Weather Application which shows the weather and suggests appropriate clothing.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Use, the following definitions shall have the same meaning regardless of whether they appear in singular or in plural:
Application means the software program provided by the Company downloaded by You on any electronic device, named Bear Weather
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Ontario, Canada
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Bear Weather.
Content including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Application.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Use (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Use agreement has been created with the help of the Terms and Use Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means any individual accessing or using the Service, including a child using the Service with permission from a parent or guardian who has agreed to these Terms and Use on their behalf, as well as the parent or guardian themselves, or any organization or entity they represent.
These Terms and Use govern Your use of our Application and define the agreement between You and Us. By using our Service, You agree to comply with these Terms. If You don't agree, please refrain from using the Service.
If You are under 18, please have Your parent or guardian review these Terms of Use. By Agreeing allowing Your child to use Our Service, You agree to these Terms of Use on their behalf.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at Our sole discretion without notice.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CAD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms of Use; (3) any breach of Your representations and warranties set forth in these Terms of Use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom You connected via the Services. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.
As a user of the Services, You agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in Our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of Our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms and Use and privacy policies of any third-party web sites or services that You visit.
Intellectual Property
Subject to Your compliance with these Terms and Condictions, We allow you to use the Services and download or print parts of the Content that you have access to. You can do this only for Your personal use or for Your business's internal purposes, and you cannot share it or sell it.
We are the owner or the licensee of all intellectual property rights in Our Services, including all Content.
Except as set out in this section or elsewhere in Our Terms and Use, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
If you wish to make any use of the Services or Content, other than as set out in this section or elsewhere in Our Terms of Use, please address Your request to: bearweatherapp@gmail.com. If We ever grant you the permission to post, reproduce, or publicly display any part of Our Services or Content, you must identify us as the owners or licensors of the Services or Content, and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying Our Content.
We reserve all rights not expressly granted to You in and to the Services orContent,.
Any breach of these Intellectual Property Rights will constitute a material breach of Our Terms and Use and Your right to use Our Services will terminate immediately.
Submissions
By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services, You give us all rights to use and own what You send. This means We can use and share it freely for any legal purpose, including business purposes, without needing to credit or pay You.
Paid Services
Payment Options
You may choose to pay for certain Services offered in Out Application on either a one-time basis or through a subscription model. Payments can be made via credit card, debit card, or any other payment methods accepted through the Application Store. All payment processing will be handled by third-party payment processors, and You agree to comply with their terms and conditions.
Subscription Charges
If You subscribe to any Services, You will be billed in advance for the subscription period selected. The first payment is due at the time of registration, and subsequent payments will be automatically charged to the payment method You provided on the specified due date.
You acknowledge that the subscription applies to one device only; if You wish to use the Service on a different device, a separate subscription will be required.
Price Changes
We reserve the right to change our prices at any time. Any changes to pricing will be communicated to You in advance, and Your continued use of the Services after such notification constitutes Your acceptance of the new prices. If You do not agree to the new prices, You may cancel Your subscription as outlined below.
Taxes and Additional Fees
Your payment will not include any applicable taxes or fees at the time of payment. Any applicable sales, use, or other taxes will be calculated based on the billing address provided at the time of payment and added to Your invoice.
Recurring Payments and Cancellation
For subscriptions, You may cancel Your subscription at any time through Your Application Store or by contacting Us. Upon cancellation, You will continue to have access to the Services until the end of the current billing cycle, at which point Your access to paid Services will terminate, and You will not be charged again.
International Payments
If You are making payments from outside Canada or through a foreign currency, please be aware that Your bank may impose additional fees for currency conversion or international transactions. It is Your responsibility to comply with any local laws related to payments.
Application Store Compliance
We comply with all Application Store guidelines regarding payments. This includes ensuring that any in-app purchases are processed through the Application Store. Any unlockable features or functionalities will require in-app purchases as stipulated by the Application Store policies.
Return and Refund Policy
We generally do not offer refunds for any purchases, including subscriptions. If You have any concerns about the Services, please contact Us, and We will do our best to assist You. By using the Service, You acknowledge that You understand and accept this no-refund policy.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Use.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Electronic Signature
By clicking the “I agree to the Terms of Use” button, you acknowledge that you have read, understood, and agree to be bound by these Terms and Use. This action serves as Your electronic signature and agreement to these terms.
If you have any questions about these Terms and Use, You can contact us:
By email: bearweatherapp@gmail.com