These terms govern your use of the Baketsu app for iOS ("the app"). The app is provided by Daniel Kurfess, Forststr. 7, 70794 Filderstadt, Germany ("we", "us"). Contact: hello [at] baketsu [dot] app.
These terms are an agreement between you and us, not with Apple Inc. ("Apple"). Apple is not responsible for the app or its content. However, Apple and Apple's subsidiaries are third-party beneficiaries of these terms and may enforce them against you (see section 15).
The app is currently free of charge, with no advertising and no in-app purchases.
Baketsu lets you create destination lists ("buckets"), save places into them, and check places off. Map data and place search are provided through Apple services. Your data is stored on your device and, where iCloud sync is available and enabled, in your personal iCloud account.
Baketsu has no account of its own and no sign-in. Where iCloud sync is available, it uses the iCloud account signed in on your device, under your own agreement with Apple; you must comply with Apple's terms for it and are responsible for keeping your device and Apple ID secure. You can erase all app data at any time via "Delete all data" in the app's settings; this removes the data described in our Privacy Policy.
We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing where available.
You may not copy, modify, distribute, sell, or rent the app or any part of it, and you may not reverse engineer or decompile the app, except to the extent such restrictions are prohibited by applicable law.
The lists and places you create are yours. We claim no rights to them and, because we operate no servers of our own, we never receive them. You are responsible for your content and for keeping backups; iCloud sync, where enabled, is provided through your own Apple iCloud account under Apple's terms.
You agree to use the app only in compliance with applicable law and these terms, and not to misuse, disrupt, or attempt to gain unauthorized access to the app or the Apple services it relies on.
Maps, place search, and related content are provided by Apple and third-party data providers and are subject to their terms. Map and place data may be inaccurate, incomplete, or out of date. Do not rely on the app for navigation, safety-critical, or emergency purposes. You must comply with any applicable third-party terms when using the app.
We provide the app free of charge and do not guarantee that it will always be available, uninterrupted, or error-free. We may add, change, or remove features, and we may discontinue the app; where a change materially affects you, we will give reasonable notice where practicable, for example in the app or on our website.
We, not Apple, are responsible for the app and for any maintenance and support. Apple has no obligation to provide any maintenance or support services for the app. Support requests can be sent to hello [at] baketsu [dot] app.
Your statutory warranty rights under German law remain unaffected.
In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (for a free app: nothing is due). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app; any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, subject to the limitations below.
We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body, or health, and under the German Product Liability Act (Produkthaftungsgesetz).
In cases of slight negligence, we are liable only for the breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), and only up to the amount of the foreseeable damage typical for this type of contract. Any further liability is excluded. Please note that the app is provided free of charge.
We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including but not limited to product liability claims, any claim that the app fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of such claim.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
We may update these terms where there is a valid reason, for example new features or changes in the law. We will publish the current version on our website with its date and point out significant changes in the app. If you do not agree to updated terms, you must stop using the app; you can erase your data at any time via "Delete all data" in the app's settings.
You and we acknowledge and agree 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 thereof.
These terms are governed by German law. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you habitually reside.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.