Terms of Service

Effective date: March 3, 2026  ·  Last updated: May 12, 2026 (v2.1)

Please read these Terms of Service ("Terms") carefully before using Xyloclime Pro. By creating an account, purchasing a subscription, starting a free trial, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. The Service

Xyloclime Pro is a web-based weather intelligence platform for construction professionals, providing historical weather data, project risk analysis, report generation, bid contingency estimation, and related tools ("Service"). The Service is provided by Xyloclime Pro LLC, a North Carolina limited liability company ("we," "us," or "our") and is accessible at xyloclime.com.

2. Eligibility

You must be at least 18 years old and fully capable of entering into a binding contract. By using the Service, you represent and warrant that you meet these requirements.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately at support@xyloclime.com of any unauthorized access.

Each subscription is for a single user. You may not share your account or allow others to use your credentials.

4. Subscription and Billing

• Payments are processed securely via Stripe. You authorize recurring annual charges to your payment method.
• All prices are in USD unless stated otherwise.
• You may cancel anytime via the customer portal. Cancellation takes effect at the end of the current billing period — you retain access until then.
• We may change pricing with at least 30 days advance notice. Price changes do not apply to the current subscription term.

5. Free Trial / Beta Features

Any free trial or beta features are provided "As Is" with no warranty of any kind and are subject to all disclaimers and limitations in these Terms, including Sections 8–10 and 16–17. We may modify, limit, or discontinue trials and beta features at any time without notice or liability.

6. Refund Policy

All sales are final due to the digital nature of the Service and immediate access upon subscription. Refunds or credits are available only in these cases:

• A verified technical failure on our part that prevents access for more than 72 consecutive hours (pro-rated credit for the affected period).
• Where required by applicable consumer protection laws.

To request a credit, contact support@xyloclime.com with your account details and a description of the issue.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Reverse engineer, decompile, or extract source code of the Service
• Scrape, crawl, or systematically extract data in ways that damage or overload our systems
• Share, resell, sublicense, or commercially exploit access to the Service
• Use automated tools to circumvent usage limits or access controls
• Upload malicious code or attempt unauthorized access to any part of the Service
• Use outputs in violation of any applicable law or regulation

8. Nature of Outputs — Estimates, Not Guarantees

You acknowledge and agree that:

• All analysis outputs are based on historical weather data and statistical probability, not forecasts, predictions, or guarantees of future conditions.
• Actual future weather can differ significantly from historical patterns.
• Dollar estimates apply your cost inputs to historical probabilities — they are planning aids, not financial projections.
• Risk scores, contingency percentages, and delay day ranges are starting points for professional judgment — not definitive answers.
• No output from Xyloclime Pro constitutes a guarantee, warranty, or assurance of any project outcome, financial result, or weather condition.
• Historical patterns do not account for climate change, extreme events, or localized conditions.
• Use of the Service is at your sole risk.

9. No Professional Advice

Xyloclime Pro does not provide legal, engineering, financial, meteorological, architectural, or any other professional advice. All content and outputs are informational tools only. You must consult qualified licensed professionals for project-specific decisions. Outputs must not be used as the sole basis for safety-critical or binding decisions.

Outputs are automated statistical transformations of historical datasets and do not incorporate project-specific engineering judgment. No output from this Service reflects the analysis of a licensed engineer, meteorologist, contractor, or other professional with knowledge of your specific project, site, methods, or contractual obligations.

10. User Responsibility

All project planning, bidding, scheduling, and financial decisions remain the sole responsibility of the user. By using the Service, you agree that:

• You will independently evaluate all outputs before relying on them for any decision.
• You are solely responsible for verifying the accuracy, completeness, and applicability of any analysis to your specific project.
• The Service is not intended to be the sole basis for any bid, contract commitment, safety decision, or legal claim.
• You understand that weather is inherently variable and that historical patterns do not guarantee future conditions.
• Any financial loss, project delay, contract dispute, or other adverse outcome resulting from reliance on Service outputs is your responsibility, not ours.
• Construction outcomes are influenced by numerous variables beyond weather — including labor, site conditions, materials, subcontractor performance, and project management — and no weather analysis tool can account for all factors affecting project results.
• You are not relying on Xyloclime Pro for any guarantee of project performance, cost outcomes, or schedule accuracy.

11. Data Sources and Limitations

Weather data comes from third-party providers including NOAA GHCN-Daily, Visual Crossing, and Open-Meteo (including ERA5 reanalysis). We do not warrant the accuracy, completeness, or reliability of third-party data, and we have no direct relationship with those providers. You must comply with any applicable terms of those data sources. Data limitations include:

• Historical data coverage and quality varies by location, station proximity, and available records.
• Wind data from ERA5 uses hourly averages on a 30 km grid and may underestimate actual gusts.
• Satellite-derived reanalysis data may not capture localized microclimatic conditions.
• Data gaps or outages at third-party providers may affect analysis availability or completeness.
• Historical weather patterns may not reflect future conditions due to climate variability, long-term trends, and unpredictable extreme events.
• Weather thresholds used to define workable conditions are generalized industry approximations and may not reflect the specific requirements of your project, contract, trade, or jurisdiction.
• Elevation-based adjustments are generalized approximations and may not reflect localized microclimate or site-specific exposure conditions.

12. Sample Contract and Bid Language

Any sample language we provide is for informational purposes only and does not constitute legal advice. It has not been reviewed by an attorney and may not be enforceable, complete, or appropriate for your specific project, jurisdiction, or contract structure. You must have it reviewed by your own attorney before use in any binding document. We are not responsible for its enforceability, legal effect, or suitability. Historical weather analysis referenced in any generated language reflects statistical estimates from past records — not forecasts or warranties of future conditions.

13. Intellectual Property

The Service, its software, algorithms, design, and content are owned by Xyloclime Pro LLC and protected by intellectual property laws. You retain ownership of your project data. By using the Service, you grant us a limited, non-exclusive license to store, process, and use your data solely to provide and improve the Service.

14. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

15. Termination

We may suspend or terminate your account for violation of these Terms, fraudulent activity, or if your use poses a risk to the Service or other users (in our sole discretion). We may also terminate for convenience with reasonable notice to you.

You may request account closure at any time by contacting support@xyloclime.com. Upon termination, access ends immediately and no refunds are issued except as provided in Section 6.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION, NOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA, OUTPUT, OR RECOMMENDATION PROVIDED THROUGH THE SERVICE. USE OF THE PLATFORM IS AT THE USER'S SOLE RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYLOCLIME PRO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, PROJECT DELAYS, CONTRACT PENALTIES, COST OVERRUNS, OR WEATHER-RELATED LOSSES — EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) FIVE HUNDRED DOLLARS ($500). THIS CAP DOES NOT APPLY TO CLAIMS ARISING FROM YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 18, YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON OUR PART.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ONE-YEAR CLAIM BAR: ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN YOU KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM, OR IT IS PERMANENTLY BARRED.

18. Indemnification

You agree to indemnify, defend, and hold harmless Xyloclime Pro LLC, its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) any project decision, bid, contract commitment, or claim made in reliance on Service outputs; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party right.

19. Dispute Resolution and Binding Arbitration

Informal Resolution First. Before initiating arbitration, you agree to contact us at support@xyloclime.com and give us 30 days to attempt informal resolution of your claim.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in Wake County, North Carolina, or by remote hearing at either party's election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Arbitration fees shall be allocated according to the AAA Consumer Arbitration Rules; we will not seek reimbursement of our arbitration fees for claims under $10,000 brought in good faith.

No Class Actions. YOU AND XYLOCLIME PRO LLC AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Small claims court actions within applicable jurisdictional limits are also excluded from this arbitration requirement.

Opt-Out. You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by sending written notice to support@xyloclime.com with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.

Governing Statute. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision, notwithstanding any other choice of law provision in these Terms.

20. Additional Provisions

• Force Majeure. We are not liable for delays or failure to perform caused by events beyond our reasonable control, including weather data provider outages, internet infrastructure failures, natural disasters, government actions, or other force majeure events.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Xyloclime Pro LLC regarding the Service and supersede all prior agreements or understandings on this subject.
• No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.
• Changes to These Terms. We may update these Terms with at least 14 days' notice via email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your subscription before the changes take effect.

21. Governing Law

These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict of law provisions. For any disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts in Wake County, North Carolina.

22. Contact