Terms of Use

1. Acceptance of Terms

By downloading, installing, or using the Safety Anchor Alarm application (“App”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Dijital Kafa Bilisim ve Danismanlik A.S. (“Company”, “we”, “our”).

2. Description of Service

Safety Anchor Alarm is a GPS-based anchor monitoring application that tracks your device's position relative to a user-defined anchor point and provides audible and visual alerts if the device moves beyond a user-defined safe radius. The App includes a companion Apple Watch application that displays anchor status, distance, and alarm alerts on your wrist. The App also includes sailing tools such as an anchor chain calculator and swing circle calculator.

3. IMPORTANT SAFETY DISCLAIMER

3.1 The App Is NOT a Substitute for Proper Seamanship

THE APP IS PROVIDED AS A SUPPLEMENTARY NAVIGATIONAL AID ONLY. IT IS NOT A SUBSTITUTE FOR PROPER SEAMANSHIP, VIGILANT ANCHOR WATCHES, ADEQUATE GROUND TACKLE, OR ANY OTHER SAFETY MEASURES REQUIRED BY GOOD MARITIME PRACTICE AND APPLICABLE MARITIME LAW.

You acknowledge and agree that:

• The App is a digital tool that relies on GPS technology, device hardware, battery power, and software processes, all of which can fail, malfunction, or produce inaccurate results without warning.
• You are solely responsible for the safety of your vessel, crew, passengers, and any third parties at all times, regardless of whether the App is in use.
• The App does not replace the need for a proper anchor watch, appropriate ground tackle, adequate scope, or any other safety measures.
• You must never rely solely on this App for the safety of your vessel or persons aboard.

3.2 Known Limitations

You acknowledge that the App is subject to the following limitations, which may cause the alarm to fail to activate, activate late, or provide inaccurate information:

• GPS Accuracy: GPS signals can be affected by atmospheric conditions, satellite geometry, signal obstruction (buildings, cliffs, masts), multipath reflections, and device hardware quality. GPS position accuracy can vary from 1 meter to 50+ meters.
• Device Battery: If your device runs out of battery, all monitoring and alarm functions will cease immediately without any warning or fallback mechanism.
• Operating System Behavior: iOS may terminate or suspend background processes under certain conditions, including but not limited to low memory, system updates, or other system-level operations. This may cause location monitoring to stop without notice.
• App Termination: If the App is removed from memory by the user (e.g., swiping away from the app switcher) or by the operating system, all monitoring will stop immediately.
• Network and Hardware Failures: Device hardware malfunctions, GPS chip failures, antenna issues, or software bugs may prevent the App from functioning correctly.
• Environmental Factors: Severe weather, electromagnetic interference, or physical damage to the device may affect GPS accuracy or device operation.
• Alarm Audibility: The alarm sound may not be heard in high-wind conditions, heavy rain, below deck with doors closed, or if the device volume is set to low or muted.
• Calculation Accuracy: The anchor chain calculator and swing circle calculator provide estimates based on simplified mathematical models. Actual chain catenary, seabed conditions, tidal changes, wind loads, and vessel characteristics may produce significantly different results.
• Apple Watch Connectivity: The companion Apple Watch app relies on a Bluetooth connection between your iPhone and Apple Watch. If the connection is lost, the Watch may display outdated information or fail to sound alarms. The Apple Watch alarm depends entirely on data received from the iPhone and should not be considered an independent monitoring system.

3.3 Your Responsibilities

When using the App, you agree to:

• Maintain a proper anchor watch at all times as required by good seamanship and applicable regulations.
• Ensure your device is adequately charged or connected to a power source during use.
• Verify the anchor position and safe radius settings before relying on the alarm.
• Keep the App running and not force-close it while monitoring is active.
• Not use the App as a sole means of anchor monitoring.
• Comply with all applicable maritime laws, regulations, and safety requirements in your jurisdiction and operating area.
• Take into account weather forecasts, tidal conditions, seabed type, and other relevant factors when anchoring, regardless of the App's functionality.

4. LIMITATION OF LIABILITY

4.1 Disclaimer of Warranties

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will function without interruption, errors, or failures.
• GPS positioning will be accurate, timely, or available at all times.
• Alarms will activate correctly, on time, or at all under every condition.
• The App will be compatible with all devices, operating system versions, or configurations.
• Location monitoring will continue uninterrupted in the background under all circumstances.
• Calculations provided by the sailing tools will be accurate or appropriate for your specific conditions.

4.2 Captain's Sole Responsibility

THE CAPTAIN (MASTER, SKIPPER, OR PERSON IN CHARGE OF THE VESSEL) IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE SAFETY OF THE VESSEL, CREW, PASSENGERS, AND ANY THIRD PARTIES AT ALL TIMES. This responsibility exists under international maritime law, national regulations, and the established principles of good seamanship, and it cannot be delegated to or shared with any software application.

By using the App, you acknowledge and agree that:

• All responsibility for the vessel remains with the captain. The App does not assume, share, or reduce any part of this responsibility under any circumstances.
• The App is a supplementary digital aid only — similar to a compass, depth sounder, or weather forecast. None of these tools replace the captain's judgment, vigilance, and duty of care.
• The decision to anchor, the choice of anchorage, the assessment of conditions, and the ongoing monitoring of the vessel are entirely the captain's responsibility.
• No alarm system, whether digital or mechanical, eliminates the need for a proper anchor watch as required by the International Regulations for Preventing Collisions at Sea (COLREGs) and applicable local regulations.

4.3 Complete Exclusion of Liability

THE COMPANY ACCEPTS NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM OR RELATED TO THE USE OF THIS APP, WHETHER THE APP FUNCTIONED CORRECTLY OR NOT. This includes, without limitation:

• Damage to or loss of any vessel, boat, yacht, or watercraft
• Damage to or loss of any property, equipment, cargo, or personal belongings
• Personal injury, bodily harm, or death of any person
• Grounding, collision, allision, or any other maritime incident
• Environmental damage, pollution, or cleanup costs
• Salvage costs, towing fees, or recovery expenses
• Loss of income, revenue, profits, or business opportunities
• Any claims by third parties arising from the use of the App
• Any damages resulting from the App's failure to detect anchor drag, alert the user, or function as expected
• Any damages arising from GPS inaccuracy, device battery depletion, operating system behavior, or any other technical limitation

The Company is not liable regardless of whether: the alarm failed to activate; the alarm activated late; the GPS position was inaccurate; the device battery died; the operating system terminated the App; the alarm was not audible; or any other malfunction or limitation occurred. All such risks are assumed entirely by the captain of the vessel.

4.4 Assumption of Risk

You expressly acknowledge and agree that:

• The use of a vessel at anchor involves inherent and significant risks, including but not limited to anchor drag, weather changes, tidal shifts, equipment failure, and collision with other vessels or objects.
• You assume all risks associated with anchoring and the use of this App.
• The App is a convenience tool that provides supplementary information only. It does not reduce, eliminate, or transfer any risks associated with anchoring or vessel operation.
• A prudent captain would never rely solely on any single alarm system for vessel safety.

5. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or inability to use the App.
• Any violation of these Terms by you.
• Any damage to vessels, property, or persons arising from or related to your use of the App.
• Any claim by a third party related to your use of the App.
• Your failure to maintain a proper anchor watch or comply with applicable maritime laws and regulations.

6. Subscriptions and Payments

6.1 Free and Premium Features

The App offers both free and premium features. Some features, including but not limited to Anchor History, Sailing Tools, and extended alarm sessions, require an active premium subscription.

6.2 Subscription Terms

• Payment is charged to your Apple Account at confirmation of purchase.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period.
• You can manage or cancel your subscription at any time through iOS Settings > Apple ID > Subscriptions.
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

6.3 Refunds

All purchases are processed through the Apple App Store. Refund requests must be submitted directly to Apple in accordance with Apple's refund policies.

7. Intellectual Property

The App, including all content, features, functionality, design, graphics, icons, and code, is owned by the Company and is protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the App without our prior written consent.

8. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
• Use the App in any manner that could damage, disable, overburden, or impair the App.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the App.
• Use the App for any commercial purpose other than personal vessel monitoring without our prior written consent.

9. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease. Sections 3, 4, 5, 7, and 11 shall survive termination.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be reflected by updating the “Last Updated” date at the top of this page. Your continued use of the App after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Istanbul, Republic of Turkey.

11.3 Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Severability

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

13. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the App and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

14. Contact Us

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

• Company: Dijital Kafa Bilisim ve Danismanlik A.S.
• Email: kafa@dijitalkafa.com
• Phone: +90 (216) 504 47 31
• Address: Gulnihal Sokak Ataturk Mahallesi No: 1/6, Atasehir, Istanbul, Turkey