These Terms of Use (“Terms”) are an agreement between you and Big Duck Networks, a Webcap Media Group company (“we”, “us”), and govern your use of the PingDuck mobile app (the “App”) and any related services. By downloading or using the App you agree to these Terms. If you do not agree, do not use the App.
1. License
We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, in line with these Terms and the usage rules of the app store you downloaded it from. You may not copy, modify, distribute, sell, rent or reverse engineer the App, except where the law expressly allows it.
2. Acceptable use
PingDuck is a network discovery and diagnostic tool. You may only scan, probe or send traffic to networks and devices that you own or are authorized to test. You agree not to use the App to:
- access, scan or interfere with networks or devices without permission;
- break any law, regulation or network acceptable-use policy;
- disrupt, overload or degrade any network, device or service.
You are solely responsible for how you use the App and for any traffic it sends at your direction.
3. Subscriptions and purchases
Core features are free. We may offer optional paid subscriptions. If you buy one:
- Payment is charged to your Apple ID or Google Play account when you confirm the purchase, and the price and billing period are shown before you buy.
- Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- You can manage or cancel a subscription in your App Store or Google Play account settings. Deleting the App does not cancel it.
- If a free trial is offered, any unused part of it ends when you purchase a subscription.
- Refunds are handled by Apple or Google under their policies.
4. Your data
The Privacy Policy explains how information is handled. Data the App stores is kept on your device, and you are responsible for it and for backing it up if you need it.
5. Intellectual property
The App, including its software, design, name, mascot and logos, is owned by Big Duck Networks and its licensors and is protected by law. The App includes open-source components and data (such as the IEEE OUI registry and SIL Open Font License fonts) used under their own licenses.
6. Disclaimer of warranties
The App is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Network scans may be incomplete or inaccurate: devices may not respond, and results such as names, vendors and open ports may be wrong. The App is not a security guarantee and should not be your only means of protecting a network.
7. Limitation of liability
To the fullest extent permitted by law, Big Duck Networks will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or business, arising from your use of or inability to use the App. Our total liability for any claim is limited to the amount you paid us for the App in the 12 months before the claim, or US$50, whichever is greater. Some jurisdictions do not allow these limits, so they may not apply to you.
8. Indemnity
You agree to indemnify Big Duck Networks against claims arising from your misuse of the App or your breach of these Terms, including scanning networks without authorization.
9. Termination
These Terms apply until ended by you or us. Your rights under them end automatically if you fail to comply. On termination you must stop using and delete the App.
10. Apple App Store terms
If you downloaded the App from the Apple App Store:
- These Terms are between you and Big Duck Networks only, not Apple. Big Duck Networks, not Apple, is solely responsible for the App and its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- Big Duck Networks, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- If a third party claims the App infringes its intellectual property, Big Duck Networks, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
- You confirm you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you downloaded the App from Google Play, the Google Play Terms of Service also apply to your use of the store.
11. Governing law
These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law rules, except where the law of your country of residence requires otherwise.
12. Changes
We may update these Terms. We will post changes on this page and update the date above. Continuing to use the App after changes take effect means you accept them.
13. Contact
Questions about these Terms? Email [email protected].