# Appendix - Terms of Use of Nubila Premium Weather API

_Last Updated: June 17, 2025_

These Terms of Use (“Terms”) govern your use of the Nubila Premium Weather Data API (“API”), made available by ButterflyX Inc. (“Nubila”, “we”, or “us”). These Terms are binding upon all users granted access to the API under any agreement or memorandum, including but not limited to evaluation agreements or credit-based access. If you do not agree to these Terms, you may not access or use the API.

### 1. Eligibility and Scope

These Terms apply exclusively to API users who:

* Have entered into a separate agreement or MOU with Nubila granting API access (the “Access Agreement”);
* Have received API credentials (e.g., keys or tokens) directly from Nubila;
* Are using the API solely for internal evaluation, development, or testing purposes, unless otherwise authorized in writing.

### 2. License Grant

Subject to these Terms and the Access Agreement, Nubila grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the API solely:

* For internal development, prototyping, and testing purposes;
* Within the scope and duration specified in the Access Agreement;
* In compliance with all applicable laws and Nubila documentation.

You must use the API in accordance with Nubila’s published documentation (the “Documentation”), available at [https://nubila-1.gitbook.io/api-docs](https://nubila-1.gitbook.io/api-docs).

The Documentation is for technical reference only and does not override any part of this Terms of Use.

### 3. Usage Restrictions

You agree not to, and shall not permit others to:

* Use the API or any data derived from it in any commercial, production, or client-facing applications without explicit written consent from Nubila;
* Resell, repackage, redistribute, relicense, or otherwise make available the API or its output to any third party;
* Use the API in any way that could harm or degrade the performance or integrity of Nubila’s systems;
* Reverse engineer, decompile, or otherwise attempt to derive source code, algorithms, or database structure from the API;
* Use the API in any manner that infringes on intellectual property, privacy, or contractual rights of third parties;
* Access or use the API in connection with any product or service that competes with Nubila.

### 4. Rate Limits and Quotas

* Nubila may impose rate limits, call quotas, or bandwidth caps on API usage;
* Any such limits will be documented in Nubila’s technical documentation or communicated directly;
* Sustained violation of these limits may result in throttling or suspension of access.

### 5. Attribution and Marketing

If your agreement with Nubila includes optional marketing deliverables (e.g., Medium articles, tweets, Spaces), the following conditions apply:

* All public references to Nubila must include proper attribution and links to Nubila’s website or official social media;
* Written approval from Nubila is required before any content mentioning the API or company is published;
* You may not suggest that your use of the API constitutes an endorsement or partnership without express consent.

### 6. Ownership and Intellectual Property

* The API, including all data, code, specifications, analytics, and documentation, is the exclusive property of Nubila;
* No rights or licenses are granted except those expressly stated in these Terms;
* All suggestions, feedback, or improvements provided to Nubila in the course of API use may be freely used by Nbilua for any purpose, without attribution or compensation.

### 7. Confidentiality

You agree to maintain in strict confidence any:

* Non-public API documentation;
* Access credentials (e.g., API keys, tokens);
* Data received through the API not intended for public release.

You shall take all reasonable precautions to prevent unauthorized access, disclosure, or use. The confidentiality obligations set forth herein shall survive the termination or expiration of these Terms for a period of three (3) years.

### 8. Monitoring and Enforcement

Nubila reserves the right to:

* Monitor your API usage to ensure compliance;
* Audit your usage logs and internal use cases;
* Suspend or revoke access at any time in the event of violation, abuse, or security risk.

### 9. Disclaimer of Warranties

The API is provided “as is” and “as available” without warranty of any kind, including but not limited to:

* Accuracy, completeness, or timeliness of the data;
* Performance, uptime, or error-free operation;
* Fitness for a particular purpose.

### 10. Limitation of Liability

To the maximum extent permitted by law:

* Nubila shall not be liable for any indirect, incidental, punitive, or consequential damages; even if Nubila has been advised of the possibility of such damages.
* Nubila’s total aggregate liability arising from or related to API use shall not exceed the equivalent USD value of the $NUBI credits allocated under the Access Agreement.

### 11. Termination

Your access to the API may be terminated:

* Upon expiration of the trial or evaluation period;
* Immediately upon breach of these Terms or applicable agreements;
* At Nubila’s sole discretion with or without cause, upon written notice.

Upon termination, you must cease all use of the API and delete any stored data obtained through it. The termination of these Terms shall not affect any rights or obligations of either Party that have accrued prior to the effective date of termination.

### 12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising under or related to these Terms shall be resolved exclusively in the courts of San Francisco County, California.

### 13. Changes to Terms

Nubila may update these Terms at any time. Notifications of changes may be provided via email or through your point of contact.

Updates to the API Documentation do not constitute changes to these Terms.

### 14. Contact

For support or legal inquiries:

Email: data@nubila.ai\
Docs:[ https://nubila-1.gitbook.io/api-docs\
](https://nubila-1.gitbook.io/api-docs)X:[ @nubilanetwork](https://twitter.com/nubilanetwork)
