Terms of Service

The domains, checkwx.com and checkwxapi.com (the "Sites"), are owned and operated by BluePony Technologies, Inc. ("BluePony Technologies," "we," or "us").

By accessing or using the Sites, services provided through the Sites, our proprietary API made available via the Sites, or any data or content we provide through our API services (collectively, the "Services"), you agree to be bound by these Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you do not agree to these Terms, you are not authorized to use the Services.

Changes to Services or Terms

We reserve the right to modify these Terms or any policies related to the Services (such as our Privacy Policy) at any time. Changes will be effective immediately upon posting to the Sites, unless otherwise specified. Changes will not apply retroactively. You are encouraged to review these Terms periodically. Your continued use of the Services after any updates constitutes your acceptance of the modified Terms.

Indemnification

You agree to indemnify, defend, and hold harmless BluePony Technologies and its affiliates, subsidiaries, officers, agents, partners, and employees from any claims, liabilities, damages, expenses, or demands (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your end users’ use of the Services, including any application or service you provide that incorporates our Services;
  • Any content or data you or your end users submit, post, extract, or transmit through the Services.

Disclaimers

"As Is," "As Available," and "With All Faults"

The Services are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis.

No Warranties

To the fullest extent permitted by applicable law, BluePony Technologies disclaims all warranties, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained from BluePony Technologies or through the Sites, creates any warranty not expressly stated herein.

Website Operation

BluePony Technologies does not warrant that the Services, including any software, content, or third-party integrations, will operate without interruption, error, or harmful components.

Accuracy

BluePony Technologies does not warrant the accuracy, reliability, or correctness of the Services or any third-party sites referenced by the Sites.

Flight Planning

Flying involves inherent risks, and the use of our Sites is entirely at your own risk. The information provided by our Sites is not a substitute for official pre-flight weather briefings. In the event of any conflict between official pre-flight weather briefing information and information provided by our Sites, you must rely solely on the official pre-flight weather briefing. If you use our Services in an application or service for end users, you must disclose this policy to your users.

Harm to Your Computer

You assume full responsibility for any damage to your computer system, loss of data, or other harm resulting from your access to or use of the Sites, Services, or any third-party content linked to or referenced by the Sites.

Limitation of Liability

Exclusion of Damages

Under no circumstances shall BluePony Technologies or its affiliates, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, data, or use, arising out of or related to the Services or your use of the Sites.

Limitation of Damages

In no event shall the total liability of BluePony Technologies, including its affiliates and partners, exceed the greater of $1.00 USD or the amount you paid to BluePony Technologies in the twelve (12) months preceding the incident giving rise to the claim.

Claim Period

Any claim arising from these Terms or the Services must be brought within one (1) year of the cause of action arising. Claims filed after this period will be permanently barred.

Additional Terms

  • Compliance: You may not encourage or enable others to violate these Terms, including by selling products or services designed to facilitate such violations.

  • Jurisdiction: These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any legal action arising under these Terms must be brought in the state or federal courts located in Orange County, North Carolina, and you consent to their exclusive jurisdiction.

  • Relationship: These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship between you and BluePony Technologies.

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Changes to Terms

We may update these Terms at any time. Changes will be posted on this page with the updated date.

Contact Us

If you have questions about these Terms, email us at support@checkwx.com

Last updated on January 1, 2025