User Agreement

1. Agreement to Terms

This User Agreement ("Agreement") is a legal contract between you ("User", "you", or "your") and Ilystics ("we", "us", or "our"). By using any part of the Service, including the weather estimation tool, you agree to:

• This User Agreement
• Our Terms of Service
• Our Privacy Policy (if applicable)

2. Nature of the Service

2.1 Estimation Tool Only

You acknowledge and agree that Ilystics provides estimation tools only and NOT professional services. Specifically:

• We do NOT provide meteorological consulting services
• We do NOT provide engineering or geotechnical advice
• We do NOT provide legal advice or contract interpretation
• We do NOT guarantee accuracy of any weather predictions or delay estimates

2.2 Historical Data Basis

All estimates are based on historical weather data. You understand that:

• Past weather patterns do NOT predict future weather
• Actual weather conditions may significantly differ from historical averages
• Delay estimates are approximations based on generalized soil models
• Site-specific conditions may substantially affect actual delays

3. Disclaimer of Liability

3.1 No Guarantee of Accuracy

You expressly acknowledge that:

• Weather estimates may be inaccurate or incorrect
• Delay calculations are simplified models and may not reflect reality
• Third-party data sources may contain errors or omissions
• Reports generated should NOT be used as the sole basis for business decisions

3.2 Financial Liability Waiver

You agree that Ilystics is NOT responsible for:

• Project delays or scheduling conflicts
• Financial losses from underestimated weather delays
• Contract disputes or claims arising from use of our estimates
• Lost profits, revenue, or business opportunities
• Damage to professional reputation or relationships
• Any consequential, incidental, or punitive damages

3.3 Maximum Liability Cap

In any event, Ilystics' total liability to you for all claims shall not exceed the lesser of: (a) the amount you paid to Ilystics in the 12 months prior to the claim, or (b) $100 USD.

4. User Obligations and Acknowledgments

4.1 Professional Verification Required

You agree to:

• Independently verify all estimates with qualified professionals
• Consult with meteorologists for project-specific weather forecasting
• Obtain geotechnical reports for accurate soil analysis
• Engage legal counsel for contract review and interpretation
• Use estimates as ONE FACTOR among many in decision-making

4.2 Acceptance of Risk

You expressly assume all risks associated with:

• Reliance on automated weather delay estimates
• Use of historical data for future planning
• Decisions made based on reports generated by the Service
• Inclusion of our estimates in bids, contracts, or legal documents

4.3 Proper Attribution

Ilystics produces two different documents, and they carry different weight. Which obligations apply depends on which one you are using.

Anticipated Weather Exhibit (the free estimator). This is a forward-looking planning figure built from a ten-year historical baseline. If you use it in a bid or contract, you agree to:

• Include the full disclaimer printed on the PDF
• Not represent it as professional or geotechnical analysis
• Label it as an automated or preliminary estimate

Weather Delay Claim Report. This is a backward-looking record of observed conditions on specific dates, drawn from named NOAA stations and intended for use as a substantiating exhibit. It is not a preliminary estimate and need not be labelled as one. If you use it, you agree to:

• Include the full disclaimer printed on the PDF, which states that the report does not establish contractual entitlement, causation, or damages
• Reproduce it in full rather than extracting favourable figures from it — the station provenance, data-coverage disclosures and any excluded days are part of the finding
• Not represent it as an expert opinion, a professional engineering judgment, or a legal conclusion; it is documentary evidence, and the analysis built on it remains yours and your advisers'

Both documents state the algorithm version used to produce them. Where a report is relied upon in a dispute, that version identifier is what makes the figures reproducible, and it should not be removed.

5. Data and Privacy

When you create an account, you agree that:

• You will provide accurate registration information
• You are responsible for maintaining account security
• We may collect and store usage data for service improvement
• We may track estimate generation for analytics purposes

6. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful purpose
• Attempt to reverse engineer or copy the Service
• Resell or redistribute access to the Service
• Use automated tools to scrape or extract data from the Service
• Misrepresent the source or accuracy of estimates
• Hold Ilystics responsible for any business outcomes

6.1 Exception: Published Open Data

The restrictions above do not apply to the per-metropolitan-area weather delay baselines we publish at ilystics.com/weather-delay-days and their accompanying JSON downloads. Those datasets are released under the Creative Commons Attribution 4.0 International licence, and you are expressly permitted to download, copy, redistribute, adapt and use them for any purpose, including commercially, provided you credit Ilystics LLC and indicate whether you made changes.

Automated retrieval of those published files is likewise permitted. We ask only that it be reasonable in volume; the data is rebuilt roughly once a year, so repeated high-frequency requests serve no purpose and may be rate-limited.

7. Indemnification

You agree to indemnify and hold harmless Ilystics, its affiliates, and personnel from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your reliance on any estimates or data
• Project delays or financial losses related to weather estimates
• Contractual disputes involving our reports
• Your violation of this Agreement

8. No Professional Relationship

You acknowledge that:

• No professional-client relationship exists between you and Ilystics
• Ilystics does not owe you any professional duty of care
• You should not rely on the Service as a substitute for professional advice

9. Modifications and Termination

We reserve the right to:

• Modify this Agreement at any time
• Suspend or terminate your account without notice
• Discontinue the Service or any features at any time
• Change pricing or access terms

Continued use after changes constitutes acceptance of modifications.

10. Dispute Resolution

10.1 Governing Law

This Agreement is governed by the laws of the United States.

10.2 Arbitration

Any disputes arising from this Agreement shall be resolved through binding arbitration rather than court proceedings, except where prohibited by law.

11. Entire Agreement

This User Agreement, together with the Terms of Service, constitutes the entire agreement between you and Ilystics regarding use of the Service.

Acknowledgment of Understanding

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE ESTIMATE TOOL, YOU ACKNOWLEDGE THAT:

• You have read and understood this entire Agreement
• You accept all risks associated with using the Service
• You will independently verify all estimates with professionals
• You release Ilystics from all liability for damages or losses
• You understand estimates are NOT guarantees or predictions