Agreement

These Terms govern your use of any application published by Anka TMS ("the Application", or collectively "the Applications"). By downloading or using an Anka TMS Application you agree to be bound by these Terms. This agreement is between you and Anka TMS — not Apple or any other platform provider. If you do not agree, do not use the Applications.

1. Scope of License

Anka TMS grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Applications on Apple-branded devices you own or control, solely for your personal, non-commercial use, and subject to the Apple Media Services Terms and Conditions and the Usage Rules set forth in the Apple App Store.

You may not: (a) copy, redistribute, or sell the Applications; (b) reverse-engineer, decompile, or disassemble them except as permitted by applicable law; (c) remove or alter any proprietary notices; (d) use the Applications for any illegal or unauthorized purpose; or (e) transfer the license to a third party.

2. Intellectual Property Rights

The Applications, including all source code, designs, icons, illustrations, text, trademarks, and other content, are owned by Anka TMS and protected by international copyright, trademark, and other intellectual property laws.

You retain full ownership of all content and data you create in the Applications. You are responsible for that content. By using the Applications you grant Anka TMS no rights to access, share, or use that content — see each Application's privacy policy for details.

"Anka TMS", product names, and their associated logos are trademarks of Anka TMS. All third-party trademarks belong to their respective owners.

3. User Responsibilities

When using an Anka TMS Application you agree to:

4. In-App Purchases

Some Applications offer optional in-app purchases, including subscriptions. Where offered:

5. Data & Privacy

Each Application's data handling is described in its privacy policy. As a general principle, Anka TMS Applications are designed to minimize data collection and do not transmit personal data to Anka TMS servers. See the relevant Application's privacy policy for details, or our general Privacy Policy.

6. Availability & Maintenance

Anka TMS strives to keep the Applications functional but makes no guarantee of uninterrupted availability. We may release updates, modify features, or discontinue features at our discretion. Anka TMS is solely responsible for providing any maintenance and support services for the Applications; Apple has no obligation to furnish any maintenance or support services with respect to them.

7. Disclaimers

The Applications are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted operation.

To the extent not effectively disclaimed, warranties are limited to ninety (90) days from the date of installation. In the event of any failure of an Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Applications.

Anka TMS does not warrant that the Applications will meet your requirements, that any errors will be corrected, or that stored data will be preserved without loss.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Anka TMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, loss of profits, or business interruption, arising out of or related to your use of the Applications, whether based on warranty, contract, tort, or any other legal theory, even if Anka TMS has been advised of the possibility of such damages.

To the extent liability cannot be excluded, the aggregate liability of Anka TMS shall not exceed the amount you have paid for the Applications and any in-app purchases in the twelve (12) months preceding the event giving rise to the claim, or fifty euros (€50), whichever is greater.

Nothing in these Terms limits liability that cannot be excluded under applicable law (e.g., liability for intent, gross negligence, or personal injury caused by negligence).

9. Product Claims

Anka TMS, not Apple, is responsible for addressing any claims by you or any third party relating to the Applications or your use of them, including but not limited to: (a) product liability claims; (b) any claim that an Application fails to conform to applicable legal or regulatory requirements; and (c) claims arising under consumer protection, privacy, or similar legislation.

10. Legal Compliance

You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Apple as Third-Party Beneficiary

You acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

12. Termination

This agreement is effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of its provisions. Upon termination, you must cease all use of the Applications and delete all copies from your devices.

You may terminate this agreement at any time by uninstalling the Applications. Anka TMS may also terminate or suspend your license at any time with or without cause. Sections 2, 7, 8, 9, 11, 13, and 14 survive termination.

13. Changes to These Terms

Anka TMS may update these Terms from time to time. The revised version will be posted on this page with an updated date. Material changes will be communicated through the Applications. Your continued use of the Applications after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers resident in the European Union, mandatory consumer-protection provisions of the consumer's country of residence remain unaffected.

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms, to the extent legally permissible, is Stuttgart, Germany.

15. Contact

Zekeriya Uensuer
Meterstraße 8, 70839 Gerlingen
Germany
Email: [email protected]