This Terms of Use and End User License Agreement (the “Agreement”) is a legal agreement between you and Ralph Hewitt, the developer of pingVu (“we”, “us”, or “our”), for your use of the pingVu iOS application, together with any related documentation, updates, and services we provide with it (the “App”), and of this website, pingvuapp.com (the “Site”).
This Agreement is between you and us only, not Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content, subject to the terms of this Agreement.
By downloading, installing, accessing, or using the App or the Site, you agree to this Agreement and to the Privacy Policy. If you do not agree, do not use the App or the Site.
Your use of the App is also subject to the Apple Media Services Terms and Conditions and any applicable App Store rules. This Agreement does not grant usage rights that conflict with Apple’s applicable usage rules.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing, where Apple permits that use.
The App is licensed, not sold. We and our licensors retain all rights, title, and interest in and to the App and the Site, including all intellectual property rights. You do not acquire ownership of the App, the Site, or any underlying software, design, trademarks, or content except for the limited license expressly granted in this Agreement.
The App is intended to help you measure, monitor, and understand cellular network conditions — signal quality, connection checks, speed and video tests, and community-reported coverage. You may use the App and the Site for personal, household, or internal informational purposes, subject to the features made available in the version you use and any applicable subscription terms.
You may not:
pingVu reports measurements: signal quality, connection checks, speed and video tests, and community coverage data. These are informational estimates of conditions at the moment and place of measurement. They are not a guarantee of network performance, and coverage data is approximate, community-reported information. Cellular networks change constantly; always allow for that. You are responsible for how you interpret and act on measurements; do not rely on the App as your sole basis for decisions about carrier selection, connectivity-critical work, or safety.
Safety. Never rely on pingVu to decide whether an emergency call can be placed. Emergency calls behave differently from ordinary traffic and can use any available carrier — and no app can guarantee connectivity. In an emergency, attempt the call regardless of what any app shows.
If you opt in to sharing anonymous coverage measurements (see the Privacy Policy), you grant us a perpetual, worldwide, royalty-free license to use, aggregate, adapt, and publish those anonymized measurements as part of the shared cell service map and related statistics. You agree to contribute only genuine measurements produced by the App in normal use — never fabricated, replayed, or manipulated data.
This section applies only if paid features, subscriptions, trials, or in-app purchases are offered in the App.
Purchases made inside the App are handled through Apple’s in-app purchase system and billed through your Apple ID. The title, duration, price, included features, trial terms if any, and renewal terms will be shown before purchase. Payment is charged at confirmation of purchase. Auto-renewable subscriptions renew automatically unless canceled at least 24 hours before the end of the current period, through your App Store account settings. You can manage or cancel your subscription there at any time. If a price changes, Apple’s standard notice process applies before you are charged a new price. Billing, renewal, cancellation, and refund handling are managed by Apple, except where applicable law or Apple rules provide otherwise.
Features may vary by version, plan, territory, and availability.
The App stores your measurement history and settings locally on your device; deleting the App deletes this local data. If you opt in to community sharing, only anonymized measurements are transmitted, as described in the Privacy Policy. You are responsible for maintaining your device, protecting your device passcode and credentials, and backing up your own data if you choose to do so.
Your use of the App and the Site is subject to the pingVu Privacy Policy, available at pingvuapp.com/legal/privacy. The Privacy Policy explains what the App measures, what is and isn’t collected, how anonymization works, and how the Site handles data.
Cell-tower directory data in the App is derived from the OpenCelliD project, licensed under CC BY-SA 4.0. The video test streams an excerpt from the open movie “Sintel” (© Blender Foundation), licensed under CC BY 3.0. Map imagery on the Site is © OpenStreetMap contributors. Speed tests use Cloudflare’s public speed service. Apple, the Apple logo, and App Store are trademarks of Apple Inc. The App may include additional third-party or open-source components subject to their own license terms.
We may provide updates, bug fixes, feature changes, or compatibility changes. Some features may require an updated version of the App or a supported iOS version. We do not guarantee that the App, the Site, or any feature — including the web connection test and the coverage map — will be available at all times, on all devices, or in all territories.
We, not Apple, are solely responsible for providing maintenance and support for the App as described in this Agreement or as required by applicable law. Apple has no obligation to provide maintenance or support services for the App. For support, contact support@pingvuapp.com.
To the maximum extent permitted by applicable law, the App and the Site are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. We do not warrant that the App or the Site will be uninterrupted or error-free, or that measurements will be accurate or complete.
Where a warranty cannot be disclaimed under applicable law, it is limited to the shortest period permitted by law. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure are our responsibility to the extent required by applicable law.
To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, loss of profits, loss of goodwill, or other intangible losses arising from or related to your use of or inability to use the App or the Site.
Our total liability for any claim will not exceed the greater of the amount you paid us for the App in the twelve months before the claim arose or US $50. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing in this Agreement limits liability in a way that is prohibited by applicable law.
We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar laws.
If a third party claims that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of the claim.
You represent and warrant that you are not located in a country or region subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms when using the App, including Apple’s terms, your wireless data service agreement, device terms, and operating system terms. Speed and video tests consume cellular or Wi-Fi data; you are responsible for any carrier data charges.
This Agreement is effective until terminated. You can stop using pingVu at any time; deleting the App deletes your local data. Your rights under this Agreement will terminate automatically if you fail to comply with it, and we may suspend or terminate access to the Site or backend services for conduct that violates this Agreement — including contributing fabricated coverage data. Upon termination, you must stop using and delete the App. Sections that by their nature should survive termination will survive, including ownership, the community-data license, warranty disclaimers, limitations of liability, product claims, intellectual property claims, legal compliance, and Apple third-party beneficiary terms.
This Agreement is governed by the laws of the United States and of the State of Illinois, without regard to conflict-of-law rules, except where applicable consumer protection law requires otherwise. Disputes will be resolved in the courts of the State of Illinois.
We may update this Agreement from time to time. If changes are material, we will provide notice as required by applicable law or platform rules, and post the updated Agreement here with a new effective date. Continued use of the App or the Site after an updated Agreement becomes effective means you accept the updated Agreement.
Questions, complaints, or claims about the App or the Site should be directed to:
RAHRAH CORP · 2501 Chatham Rd # 6829, Springfield, IL 62704 USA · support@pingvuapp.com
You and we acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary.
