This End User License Agreement ("EULA") is a legal agreement between you and David L Davis Jr (sole proprietor), Charlotte, NC, operating as "Pingr," "we," or "us," governing your use of the Pingr mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree, do not use the App.
Subject to your compliance with this EULA and Apple's Usage Rules set out in the App Store Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes on any Apple-branded product that you own or control, as permitted by those Usage Rules.
You may not distribute, sell, rent, lease, lend, sublicense, or otherwise transfer the App to any third party. You may not copy the App (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, decompile, translate, or attempt to derive the source code of the App, or create derivative works of the App, except and only to the extent applicable law expressly permits despite this restriction.
We, not Apple, are solely responsible for providing any maintenance and support for the App, to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
The App is provided "as is," without warranty of any kind. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will 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 whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, if applicable.
In the event of any third-party claim that the App, or your possession and use of the App, infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent and warrant 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 listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App — for example, your wireless data service agreement, since the App relies on SMS and data connectivity to function.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
This license is effective until terminated. Your rights under this license will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must stop all use of the App and, where applicable, delete it from your devices.
Some features of the App require a paid subscription. Subscription pricing, billing, and cancellation terms are shown in the App before purchase and are also described in our Terms & Conditions.
This EULA is governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, except to the extent superseded by the App Store Terms of Service.
Attis Labs LLC, Charlotte, NC
Email: daviddvs.inc@gmail.com