Terms of Use

Version 2.0 · Effective September 7, 2026

The Heavens is published by InnoDiligent LLC, 8401 Mayland Dr, Ste S, Richmond, VA 23294, United States (“we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of The Heavens application across all supported platforms (“the App”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Weather, Safety, and Operational Disclaimers

Weather information is not a guarantee. The Heavens presents forecasts, radar imagery, atmospheric models, satellite loops, and severe-weather alerts drawn from third-party sources, including NOAA/National Weather Service, Apple WeatherKit, Google, and others. Forecasts are predictions and can be wrong. Data feeds may be delayed, degraded, or unavailable.

Life-safety and emergency warnings: The App is not a certified emergency alert system and must not be used as a substitute for one. In severe, life-threatening weather (such as tornadoes, hurricanes, flash floods, or severe thunderstorms), do not rely on this App. Always monitor and act upon official warnings issued by the National Weather Service, NOAA Weather Radio, and local emergency management authorities.

Notification delivery: Push notifications and Critical Alerts are subject to device settings, operating system scheduling, power states, and mobile carrier delivery beyond our control. We do not guarantee that notifications will be delivered instantaneously or without interruption.

Aviation and marine situational awareness: Aviation products (including METARs, TAFs, and density altitude) and marine indicators are presented solely for personal situational awareness. They do not constitute an official aviation weather briefing and must not be used as the sole basis for flight planning or navigation.

Driving and commute safety: Do not view, interact with, or configure the App while operating a motor vehicle or machinery. Route weather forecasts are strictly for pre-trip planning. Always obey local traffic laws and pull over safely to view information.

Camera and spatial awareness: When using camera or augmented reality features (such as the patio sun scanner or hail inspection), always remain aware of your physical surroundings. Do not use camera features near ledges, stairs, balconies, uneven terrain, or active traffic.

2. Health, Wellness, and Environmental Disclaimers

Not medical advice: The App is not a medical device, does not practice medicine, and does not provide medical, clinical, dermatological, or healthcare advice, diagnosis, or treatment. No doctor-patient or healthcare provider relationship is formed by your use of the App.

Informational estimates only: All health-related and physiological indicators — including safe heat pacing windows, outdoor exertion guidance, UV burn-time calculations based on Fitzpatrick skin classifications, barometric pressure trend notifications, air quality (AQI), and pollen tracking — are automated mathematical estimates derived from ambient atmospheric data. They do not account for your individual physical condition, age, cardiovascular health, medications, hydration levels, acclimatization, clothing, or preexisting medical conditions.

Assumption of risk for heat and sun exposure: You are solely responsible for monitoring your own body, physical limits, and well-being. Do not rely on the App’s timers, countdowns, or pacing windows to prevent heat-related illness (including heat cramps, heat exhaustion, and heat stroke), dehydration, sunburn, or UV-induced skin damage. If you experience lightheadedness, nausea, excessive fatigue, or physical discomfort, immediately seek shade, cool down, and hydrate. In a medical emergency, call 911 or local emergency services immediately.

Pet and animal safety: Pavement temperature estimates and pet walking thresholds are general guidelines for informational reference only. Animal tolerance varies significantly by breed, weight, coat, age, and paw sensitivity. You remain solely responsible for the safety and welfare of your pets.

Apple HealthKit: We read Apple Health only with your permission, and only ever read it — we never write to Health. When you turn on health personalization in Settings, a short summary is sent to the cloud with your forecast so the advice accounts for it. We do not use or sell HealthKit data for advertising, marketing, or data mining, in compliance with Apple App Store Review Guidelines.

3. Artificial Intelligence (Air)

The App features an AI-powered conversational assistant (“Air”). AI-generated summaries and responses are synthesized for general informational convenience. While instructed to ground itself in live atmospheric data, AI models can make errors or misinterpretations. Do not rely on AI outputs for safety-critical, medical, or emergency decisions.

4. Who May Use the App and Your Account

Age requirement: You must be at least 13 years old. The Heavens is not directed to children under 13 and we do not knowingly collect personal information from them; see our Privacy Policy, section 8. If you are between 13 and the age of majority where you live, you may use the App only with the involvement of a parent or guardian who accepts these Terms.

Account and data sync: The App creates an anonymous account automatically so your preferences and data sync across your devices. You may optionally sign in with Apple or Google to preserve your data across new devices. You may delete your account at any time in Settings → Delete Account, which permanently deletes your stored data as described in the Privacy Policy, section 6. Deleting your account or deleting the App does not cancel a subscription.

5. Subscriptions and Automatic Renewal

The Heavens is free to use. Paid subscription tiers unlock additional features. This section discloses the automatic-renewal and cancellation terms in accordance with App Store Review Guideline 3.1.2, Virginia law, and federal negative-option disclosure rules.

5.1 Pricing and Billing

Subscription tiers, billing frequencies (such as monthly or annual), and current prices are displayed at the point of sale within the App and in the App Store prior to purchase. All purchases are processed directly by Apple through In-App Purchase. Prices vary by storefront and include applicable taxes where collected by Apple.

5.2 Free Trials

If a subscription tier includes a free trial, access to premium features is provided without charge for the stated trial period. If you do not cancel at least 24 hours before the free trial expires, it automatically converts into a paid recurring subscription and your Apple Account is charged. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

5.3 Automatic Renewal

• Payment is charged to your Apple Account upon confirmation of purchase.
• Subscriptions renew automatically for the same period and at the same price unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Your Apple Account will be charged for renewal within 24 hours prior to the end of the current period.
• Deleting the App or your account does not cancel your subscription.

5.4 Cancellation and Refunds

You can manage or cancel your subscription at any time directly through Apple: Settings → [Your Name] → Subscriptions on iOS/iPadOS, or the equivalent App Store account screen on macOS. Cancelling takes effect at the end of the current paid period, and you keep access to paid features until then.

Apple is the merchant of record for all purchases. Refunds are administered solely by Apple under Apple’s policies. You can request a refund at reportaproblem.apple.com.

6. Acceptable Use and User Content

You are granted a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, in accordance with the Apple Media Services Usage Rules.

You agree not to: reverse-engineer, decompile, or disassemble the App; circumvent or attempt to bypass subscription gates; use automated tools, bots, or scrapers to extract data from the App for resale or redistribution; or use the App for any unlawful purpose.

User Content: You retain ownership of any queries, notes, or photos you submit through the App. By submitting content, you grant us a worldwide, royalty-free license to host, process, and display that content solely as necessary to operate, maintain, and provide the App’s services to you.

Copyright (DMCA): If you believe content in the App infringes your copyright, send a notice to info@innodiligent.com in accordance with the Digital Millennium Copyright Act.

7. Third-Party Data and Attribution

Weather data is provided by third-party meteorological and environmental services and remains subject to their respective terms. All provider attributions displayed within the App (including Apple Weather, NOAA, and Google) must not be obscured or removed.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. INNODILIGENT LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT FORECASTS OR SENSOR ESTIMATES WILL BE ACCURATE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNODILIGENT LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, ON ANY THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $50.00 USD.

Nothing in these Terms limits liability that cannot be excluded or limited by law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused directly by our negligence where prohibited by applicable statute.

10. Dispute Resolution: Binding Individual Arbitration and Class Action Waiver

Informal resolution first: Before filing any claim, you agree to contact us at info@innodiligent.com to attempt to resolve the dispute informally.

Binding Individual Arbitration: Except for disputes that qualify for small-claims court, all claims, disputes, or controversies arising out of or relating to the App or these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND INNODILIGENT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate claims or award relief on a class-wide basis.

Governing law and venue: These Terms and any dispute hereunder are governed by the laws of the Commonwealth of Virginia, United States, excluding its conflict-of-law rules. For any dispute not subject to arbitration, you and InnoDiligent LLC consent to exclusive jurisdiction and venue in the state or federal courts located in Richmond, Virginia.

11. Apple-Specific Terms (App Store Schedule 1, Attachment B)

• Parties: This agreement is between you and InnoDiligent LLC only, not with Apple Inc. (“Apple”). InnoDiligent LLC, not Apple, is solely responsible for the App and its content.
• Maintenance and Support: InnoDiligent LLC is solely responsible for providing maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support.
• Warranty: If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
• Product Claims: InnoDiligent LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability, regulatory compliance, and consumer protection.
• Intellectual Property: In the event of any third-party claim that the App infringes intellectual property rights, InnoDiligent LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Legal Compliance: You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary: Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Where these Terms are silent, Apple’s standard Licensed Application End User License Agreement applies: apple.com/legal/internet-services/itunes/dev/stdeula.

12. General Terms

Export controls: You may not use, export, or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.

Changes to these Terms: We may update these Terms from time to time. Updated Terms will be posted here with a revised effective date. Continued use of the App constitutes acceptance of the revised Terms.

Severability and assignment: If any provision of these Terms is held invalid, the remaining provisions remain in full effect. You may not assign these Terms. We may assign these Terms in connection with a corporate restructuring, merger, or asset sale.

Entire agreement: These Terms, together with our Privacy Policy and Apple’s standard EULA, constitute the entire agreement between you and InnoDiligent LLC regarding the App.

13. Contact Information

InnoDiligent LLC
8401 Mayland Dr, Ste S
Richmond, VA 23294, United States
Email: info@innodiligent.com