Terms & Conditions

Last updated: January 6, 2025

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Healthy Network application ("the App", "the Service") operated by Healthy Network ("us", "we", or "our").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use the App.

1. Description of Service

Healthy Network is a network monitoring utility for macOS that provides informational measurements of network latency, packet loss, and jitter. The App displays these measurements in your menu bar and provides historical data visualization.

Important: These measurements are approximations intended for informational purposes only. They should not be relied upon for mission-critical applications, professional network diagnostics, or any situation where network accuracy is essential.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the App for personal, non-commercial purposes
• Access features included with your purchase

This license does not include the right to:

• Modify, reverse-engineer, decompile, or disassemble the App
• Rent, lease, lend, sell, or sublicense the App
• Copy, distribute, or publicly display the App
• Remove or alter any proprietary notices or labels

3. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF MEASUREMENTS

3.1 Network Measurement Disclaimer

We do not warrant that:

• Network measurements will be 100% accurate
• The App will detect all network issues or anomalies
• Measurements reflect actual application-level performance
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from using the App will be accurate or reliable

Factors beyond our control that may affect measurement accuracy include, but are not limited to:

• Internet Service Provider (ISP) routing and policies
• Network congestion and traffic patterns
• VPN usage and proxy configurations
• iCloud Private Relay and similar privacy services
• Firewall and security software interference
• Hardware limitations and macOS power management
• Target server availability and response times

4. Third-Party Dependencies

Healthy Network relies on third-party infrastructure and services including, but not limited to:

• Target ping servers (e.g., dns.google, 1.1.1.1)
• Your Internet Service Provider
• Apple's macOS networking stack and APIs
• Network hardware (routers, modems, Wi-Fi access points)

We are not responsible for issues arising from these third-party services, including their availability, accuracy, or performance. Changes to these services may affect the App's functionality without prior notice.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PULSEBAR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or business opportunities
• Business interruption or downtime
• Decisions made based on network measurements
• Failure to detect network problems or degradation
• Damages arising from reliance on App measurements
• Any other intangible losses

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE APP.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

6. Data and Privacy

Healthy Network is designed with privacy as a core principle:

• Local Processing: All network measurements are processed and stored locally on your device
• No Data Transmission: We do not transmit your data to external servers
• No Analytics: The App contains no analytics or tracking code
• User Control: Historical logs can be cleared at any time through the App preferences

For more information, please see our Privacy Policy.

7. Intellectual Property

The App, including its name, logo, design, user interface, and underlying code, is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

You acknowledge that:

• The App contains proprietary information and trade secrets
• Unauthorized use may cause irreparable harm
• We may seek injunctive relief for violations

8. Updates and Modifications

We may update the App from time to time to add features, fix bugs, or improve performance. These updates may be automatic or require manual installation.

We reserve the right to modify, suspend, or discontinue the App at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation.

9. Termination

This license is effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any provision.

Upon termination:

• You must cease all use of the App
• You must delete all copies of the App from your devices
• Provisions that by their nature should survive termination shall survive

10. Apple App Store Terms

If you obtained the App through the Apple App Store, you acknowledge that:

• These Terms are between you and Healthy Network, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any claims related to the App
• Apple is a third-party beneficiary of these Terms

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Healthy Network operates, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration, except where prohibited by law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last updated" date at the top of this page.

Your continued use of the App after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Healthy Network regarding the App and supersede all prior agreements and understandings.

15. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@healthynetwork.app

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