Terms of Use for the "Ping Alive" App
Effective Date: 16.03.2025
1. Scope
These Terms of Use govern the use of the "Ping Alive" app (hereinafter "App"), which is operated by finestkind.work S.L., Pol. 25 Par. 20 Ceniolas, 43513 Rasquera (hereinafter "Provider").
2. Scope of Services
The App allows users to send time-controlled notifications to other users and receive their confirmations. The features include:
3. User Account and Registration
Registration is required to use the App. The user agrees to provide truthful information and to keep their access credentials confidential.
4. Paid Subscriptions
a) Availability
Paid subscriptions are available exclusively in the European Union and Canada. Purchase in other regions is not possible.
b) Subscription Model
The App offers a monthly cancellable subscription. The price is displayed in the respective App Store.
c) Automatic Renewal
The subscription automatically renews for the selected period unless cancelled before the end of the current period.
d) Cancellation
Cancellation is made through the subscription management of the respective App Store:
e) Payment Processing
Payment processing is handled exclusively through the App Stores (Apple, Google). The respective payment terms of the platforms apply.
f) Refunds
Refunds are subject to the policies of the respective App Store. The Provider has no direct access to payments or refunds.
5. User Obligations
The user agrees to:
6. Availability and Liability
The Provider strives to maintain high availability of the App but cannot guarantee it. Maintenance work and technical disruptions may lead to temporary restrictions. The Provider is liable for intent and gross negligence. In case of slight negligence, the Provider is only liable for breach of essential contractual obligations. In this case, liability is limited to foreseeable, typical contractual damages.
7. Privacy
For the processing of personal data, our privacy policy applies, which can be accessed at https://www.ping-alive.app/en/ping-alive-data-privacy.html.
8. Changes to the Terms of Use
The Provider reserves the right to change these Terms of Use at any time. Users will be informed of changes via email or in-app notification. Continued use after notification of changes constitutes acceptance.
9. Termination and Account Deletion
Users can delete their account at any time in the (advanced) app settings. Further information about the deletion process and the effects of account deletion can be found at https://www.ping-alive.app/en/ping-alive-account-deletion.html.
Upon deletion, all stored data will be irreversibly removed. Inactive accounts will be automatically deleted after 6 weeks.
10. Apple-Specific Terms (iOS only)
For use of the App via the Apple App Store, the following additional terms apply:
a) Contracting Party
These Terms of Use constitute an agreement between you and the Provider, not with Apple Inc. The Provider, not Apple, is solely responsible for the App and its content.
b) Scope of License
The license granted to you is limited to a non-transferable license to 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 be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
c) Maintenance and Support
The Provider is solely responsible for maintenance and support services. Apple has no obligation to provide support for the App.
d) Warranty
The Provider is solely responsible for product warranties. In the event of any failure to conform to applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple will have no other warranty obligation, and any other claims are the sole responsibility of the Provider.
e) Product Claims
The Provider, not Apple, is responsible for any claims relating to the App, including product liability claims, claims for non-compliance with legal requirements, and claims under consumer protection or privacy laws.
f) Intellectual Property Rights
In the event of third-party claims regarding intellectual property infringement, the Provider, not Apple, is solely responsible for investigation, defense, settlement, and discharge of such claims.
g) Legal Compliance
You represent and warrant that (i) you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h) Third-Party Terms
When using the App, you must comply with applicable third-party terms (e.g., your wireless data service agreement).
i) Apple as Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these terms, Apple has the right to enforce them against you as a third-party beneficiary.
11. Final Provisions
The law of the Kingdom of Spain applies. Should individual provisions of these Terms of Use be invalid, the validity of the remaining provisions remains unaffected.
Contact:
finestkind.work S.L.
Pol. 25 Par. 20 Ceniolas, 43513 Rasquera
mail@finestkind.work
The language versions in English, French, Italian, and Spanish were machine-translated. In case of doubt, the German version applies.
© finestkind.work S.L. 2025
