Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to Anker Studios! These Terms and Conditions ("Terms," "T&Cs") govern your access to and use of the website www.ankerstudios.co.za (the "Website"), any niche software applications developed and offered by Anker Studios (the "Niche Apps"), and any custom application development services provided by Anker Studios ("Custom Development Projects"). Anker Studios ("we," "us," "our") is owned by Pienaar Anker, operating from South Africa.

By accessing or using our Website, downloading, installing, or using any of our Niche Apps, or engaging us for Custom Development Projects, you ("User," "Client," "you," "your") agree to be bound by these Terms and all policies referenced herein, including our Privacy Policy, Cancellation Policy, and Refund Policy, which are incorporated by reference into these Terms.

If you do not agree to all of these Terms, do not access or use our Website, Niche Apps, or engage our Custom Development Services.

These Terms constitute a legally binding agreement between you and Anker Studios. You represent and warrant that you have the legal capacity to enter into this agreement. If you are using our services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" will refer to that entity.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

2. Definitions

3. Description of Services

Anker Studios offers the following primary services:

4. User Accounts, Responsibilities, and Conduct

4.1. Account Creation and Security (Niche Apps)

4.2. Client Responsibilities (Custom Development Projects)

Clients engaging Anker Studios for Custom Development Projects agree to:

• Provide accurate, complete, and timely information, materials, data, and feedback as reasonably required by Anker Studios to perform the services.
• Appoint a primary contact person authorized to make decisions and provide approvals on behalf of the Client.
• Secure all necessary rights, licenses, consents, and permissions for any materials, data (including Personal Information), or intellectual property provided to Anker Studios for use in the project, and warrant that such materials do not infringe upon the rights of any third party.
• Provide access to relevant systems, personnel, or environments as reasonably necessary for the project's execution.
• Comply with payment terms as outlined in the project agreement and our Pricing Structure.
• Review and provide timely approval or feedback on project deliverables. Delays in providing necessary information or approvals may impact project timelines and costs.

4.3. Acceptable Use and Prohibited Conduct

In connection with your use of our Services, you agree that you will not, nor permit any third party to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable local, national, or international law or regulation.
• Violate or infringe upon the Intellectual Property Rights, privacy rights, publicity rights, or any other rights of Anker Studios or any third party.
• Upload, post, transmit, or otherwise distribute any User Content that is unlawful, harmful, abusive, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Transmit any viruses, worms, defects, Trojan horses, malware, spyware, or any other items of a destructive or harmful nature.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of our Niche Apps or any software used in connection with the Services, except to the extent that such activities are expressly permitted by applicable law despite this limitation.
• Modify, adapt, translate, or create derivative works based on our Services or any part thereof, except as expressly permitted.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Attempt to gain unauthorized access to the Services, other user accounts, or any computer systems or networks connected to the Services.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Collect or store Personal Information about other users without their express consent, or in violation of applicable law.
• Use the Services for any commercial solicitation purposes not expressly permitted by Anker Studios.

Anker Studios reserves the right, but is not obligated, to investigate and take appropriate legal action against anyone who, in Anker Studios' sole discretion, violates this section, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.

5. Intellectual Property Rights

5.1. Anker Studios' Intellectual Property

5.2. User Content and Client-Provided Materials

6. Payment, Subscriptions, and Fees

Payment terms for Niche Apps and Custom Development Projects are further detailed in our Pricing Structure, Refund Policy, and any specific project agreement or app store terms.

7. Term and Termination

7.1. Term

These Terms commence on the date you first access or use our Services and continue until terminated by either you or Anker Studios as set forth below.

7.2. Termination by You

7.3. Termination or Suspension by Anker Studios

Anker Studios may, in its sole discretion, suspend or terminate your access to all or any part of the Services, including your account, at any time, with or without notice, for any reason, including, but not limited to:

• If you breach any material provision of these Terms or any incorporated policies.
• For non-payment of fees owed.
• If your use of the Services poses a security risk, may harm Anker Studios or any third party, or may subject us or any third party to liability.
• If required by law or by a regulatory authority.
• For Niche Apps, if we discontinue the specific app or service (we will endeavor to provide reasonable notice where feasible, especially for paid services, as per our Cancellation Policy).
• For prolonged inactivity of a Niche App account for 12 consecutive months.

7.4. Effect of Termination

Upon termination of these Terms or your access to the Services for any reason:

• All rights and licenses granted to you under these Terms will immediately cease.
• You must immediately cease all use of the Services (including Niche Apps).
• If you have an active Niche App subscription, its termination will be handled according to our Cancellation Policy and Refund Policy.
• For Custom Development Projects, the effects of termination (including payment obligations for work performed and handover of materials) are detailed in the project agreement and our Cancellation Policy.
• Anker Studios may delete your User Content or account information in accordance with our Privacy Policy and data retention practices, though we may retain certain information as required or permitted by law.
• Provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ANKER STUDIOS DOES NOT WARRANT THAT:

• (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• (B) THE CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE;
• (C) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR
• (D) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER SOUTH AFRICAN LAW, INCLUDING THOSE UNDER THE CONSUMER PROTECTION ACT 68 OF 2008 (CPA), WHERE APPLICABLE. FOR CUSTOM DEVELOPMENT PROJECTS, SPECIFIC WARRANTIES, IF ANY, WILL BE EXPRESSLY STATED IN THE INDIVIDUAL PROJECT AGREEMENT.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANKER STUDIOS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANKER STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:

• (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
• (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES;
• (C) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES;
• (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
• (E) ANY OTHER MATTER RELATING TO THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANKER STUDIOS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF ONE HUNDRED SOUTH AFRICAN RAND (ZAR 100.00) OR THE AMOUNTS PAID BY YOU TO ANKER STUDIOS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

For Custom Development Projects, any different limitation of liability may be specified in the individual project agreement.

THIS LIMITATION OF LIABILITY SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER SOUTH AFRICAN LAW (E.G., PROVISIONS OF THE CPA REGARDING SUPPLIER LIABILITY FOR DEFECTIVE GOODS OR SERVICES) WHERE SUCH RIGHTS CANNOT BE LIMITED OR EXCLUDED BY AGREEMENT.

10. Indemnification

You agree to defend, indemnify, and hold harmless Anker Studios, its owner, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• (a) your use of and access to the Services, including any data or content transmitted or received by you;
• (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
• (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
• (d) your violation of any applicable law, rule or regulation;
• (e) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information;
• (f) your willful misconduct; or
• (g) any other party's access and use of the Services with your unique username, password or other appropriate security code.

This indemnification obligation will survive the termination of these Terms and your use of the Services.

11. Governing Law and Dispute Resolution

11.1. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

11.2. Dispute Resolution

12. General Provisions

12.1. Entire Agreement

These Terms, together with our Privacy Policy, Cancellation Policy, Refund Policy, and any specific Custom Development Project agreement or Niche App EULA, constitute the entire agreement between you and Anker Studios concerning your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

12.2. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12.3. No Waiver

No waiver by Anker Studios of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Anker Studios to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Anker Studios' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Anker Studios may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.5. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Anker Studios (i) via email (to the address that you provide or associated with your account) or (ii) by posting to the Website or within a Niche App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

12.6. Force Majeure

Anker Studios shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Anker Studios' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or strikes.

12.7. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and Anker Studios. You do not have any authority to bind Anker Studios in any respect.

13. Contact Information

If you have any questions about these Terms and Conditions, please contact Anker Studios at: