top of page

​Ankh Terms of Service

 

Last updated: 2025-09-17

​​

1. Acceptance of the Terms


By downloading, installing, or using the Ankh mobile application (the “App”) or visiting any associated website (together, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy, which is incorporated into these Terms by reference. These Terms constitute a legally binding agreement between you and Ankh Inc.
 

If you do not agree with any part of these Terms or the Privacy Policy, you may not use the Services.

 

2. Legal Entity and Contact


The Services are provided by Ankh Inc., a company organized under the laws of the State of Delaware, with its principal place of business at 251 Little Falls Drive, 19808 Delaware, United States.

For general inquiries, please contact: support@getankh.com

 

3. Our Services


Ankh is a mobile application that enables users to create, manage, and locally store a personal digital archive, which may include but is not limited to: written memories, recorded audio, user-uploaded files, behavioral data from interactions with the application, and other personally generated information (collectively referred to as "Personal Data"). The speculative intent behind Ankh is to facilitate the future possibility of a digital reconstruction of the user’s personality, identity, and perhaps consciousness (referred to herein as “Digital Resurrection”). The App provides tools for structured self-documentation and secure on-device preservation.

​

However, the notion of Digital Resurrection is entirely speculative and subject to numerous scientific, technological, legal, and ethical uncertainties. Accordingly, you expressly acknowledge and agree that:
 

  • No Guarantee of Future Realization: Ankh makes no representation, warranty, or commitment—express or implied—that any form of digital resurrection, mind emulation, personality reconstruction, or consciousness simulation will ever become technically possible, feasible in terms of resources, legally permissible, ethically accepted, or culturally supported.
     

  • No Guarantee of Fidelity: In the event that any form of personality reconstruction is attempted by a future entity, whether technological, institutional, or otherwise, Ankh does not and cannot guarantee that such a reconstruction will be faithful, accurate, a continuation of consciousness, or representative of the original user’s identity, experiences, or intent.
     

  • Speculative Nature of the Services: The Services are primarily exploratory and archival in nature, designed to enable self-expression, memory storage, and long-term data curation. The idea of Digital Resurrection is aspirational and speculative only, and does not form part of any contractual promise.

 

Ankh is not a scientific service, medical tool, or digital legacy platform in the conventional legal sense. The App should not be relied upon as a means of achieving immortality, legal continuity, inheritance planning, or posthumous representation. You assume all risks associated with the use of the application and the speculative nature of its long-term goal.

​
 

3.1 Software

 

The App may download and install updates automatically to ensure continued functionality, security, and compatibility. By using the App, you consent to the delivery and installation of such updates.

 

​

3.2 Medical Disclaimer

 

The Services are not a healthcare or medical service and must not be relied upon as a substitute for professional medical advice, diagnosis, treatment, or therapy. Ankh Inc. is not a licensed provider of medical, mental health, or other professional care services. Only a qualified physician, psychologist, or other licensed healthcare provider can provide such services. Ankh Inc. makes no representation, warranty, or guarantee that the Services will provide any medical, therapeutic, or health-related benefit.

 

​

3.3 Emergencies


The Services are not designed for use in emergencies of any kind. If you believe you may be experiencing a medical or mental health emergency, call 911 (or your local emergency number) or go to the nearest open clinic or emergency room immediately.
 

If you are thinking about suicide, feel like you may harm yourself, or believe you are a danger to others, you must discontinue use of the Services immediately and contact emergency services, law enforcement, or qualified crisis intervention resources in your area.
 

In addition, you agree that in the event of any emergency situation (including but not limited to natural disasters, accidents, or crises involving personal or public safety), you will not use the Services in a way that delays, prevents, or interferes with efforts to secure your own safety or the safety of others. You must not neglect to help others or further endanger yourself by attempting to use Ankh during such events.
 

You acknowledge that Ankh Inc. does not provide emergency response services and that communications through the Services are not monitored for crisis situations.

 

​

4. Eligibility


You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and legally capable of entering into binding contracts to use the Services. The Services are not directed to children under 13, and we do not knowingly collect information from children under 13.
 

By accessing or using the Services, you represent and warrant that you meet these eligibility requirements. If you do not, you may not use the Services.

 

​

5. Personal and Non-Commercial Use


The Services are provided solely for your personal, non-commercial use, unless expressly authorized in writing by Ankh Inc. Except as expressly permitted under the Intellectual Property Section of these Terms, you may not:
 

  • copy, reproduce, modify, distribute, display, license, publish, or create derivative works based on the Services;

  • sell, resell, exploit, transfer, or use the Services for any commercial purpose;

  • engage in data mining, scraping, automated access, reverse engineering, or any activity intended to extract or replicate functionality or data from the Services.

 

​

5.1 Acceptable Use


You may not use the Services to violate law or third-party rights; to upload, share, or transmit unlawful, infringing, or harmful content (including malware); to bypass, probe, or interfere with security or access controls; to harass, threaten, or dox others; or to attempt to gain unauthorized access to any systems or data.
 

Impersonation. You may not impersonate or misrepresent your identity as any real, living individual or a person recently deceased. Such conduct may constitute harassment or deception and is strictly prohibited.

​

Role-playing as fictional characters, alter egos, or long-deceased historical figures is permitted, provided that it cannot reasonably be mistaken for impersonation of an actual person. Use common sense: if your conduct could mislead, distress, or cause harm to others, do not engage in it.

​

If you believe someone is impersonating a real person through the Services, please report it to support@getankh.com.

 

​

6. Intellectual Property

 

The Services, including content, features, technology, and software provided by Ankh Inc. (“Service Content”), are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws.

​

6.1 Restrictions

 

Except as expressly permitted in these Terms, you may not:

​

  • modify, copy, reproduce, distribute, or create derivative works based on the Services or Service Content;

  • rent, lease, loan, sell, sublicense, or otherwise exploit the Services or Service Content;

  • attempt to circumvent or interfere with any security features; or

  • reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the software underlying the Services.

  • you may not, under the guise of commentary, education, or review, engage in the systematic or automated extraction, copying, or redistribution of Service Content.

​

​

6.2 Permitted Uses for Commentary and Review

 

Nothing in these Terms is intended to prevent you from creating and sharing independent editorial, educational, critical, or review content (including screenshots, commentary, or recordings) that depicts, discusses, or evaluates the Services, provided that such use:

​

  • does not misrepresent affiliation with or endorsement by Ankh Inc.;

  • does not present itself as official advertising or sponsored content unless expressly authorized by Ankh Inc.;

  • does not disclose confidential or proprietary information beyond what is lawfully accessible through the Services; and

  • complies with all other Terms herein.

​

This exception does not authorize the systematic or substantial reproduction, aggregation, or redistribution of Service Content, including but not limited to compiling archives, databases, or wikis of large portions of questions, prompts, or other proprietary material.

​

Any ideas, suggestions, or proposals for improving the Services that you include in such commentary or review will be treated as Feedback under the Feedback section of these Terms.

 

​

6.3 Trademarks

 

The name Ankh Inc., the Ankh logo, and related marks are trademarks of Ankh Inc. (“Ankh Trademarks”). Other names and logos displayed through the Services may be trademarks of their respective owners.

​

Nothing in these Terms grants you any right or license to use Ankh Trademarks without prior written permission, except for nominative and descriptive uses in editorial, educational, or review content as described in the Permitted Uses for Commentary and Review section of these Terms. All goodwill arising from use of the Ankh Trademarks accrues to the exclusive benefit of Ankh Inc.

 

​

6.4 Open-Source Components

​

The Services may include open-source software components licensed by third parties. To the extent required by the applicable open-source licenses, those licenses will govern your use of the relevant components. Nothing in these Terms is intended to limit your rights under any open-source license.

 

​

6.5 Third-Party Material

​

The Services may display or link to content, information, or materials provided by third parties (including other users). Ankh Inc. does not claim ownership of, endorse, or assume responsibility for such third-party material, and all rights in that material remain with its respective owners. Your use of or reliance on third-party material is at your own risk.

 

​

6.6 Feedback

​

We welcome ideas, suggestions, proposals, bug reports, feature requests, and other input about the Services (“Feedback”). If you provide Feedback, you agree that (i) Ankh may freely use it without obligation or compensation to you; (ii) it is provided on a non-confidential basis; and (iii) to the extent any intellectual property rights apply, you grant Ankh a perpetual, worldwide, royalty-free license to use, copy, modify, and create derivative works from the Feedback. For clarity, Feedback is distinct from your User Content, and you retain all rights in your User Content other than the Feedback portions described here.

 

7. User Content & Local Storage

 

 

7.1 Sole Custody

 

All data, content, recordings, responses, annotations, or other materials that you input, generate, or store through the App (“User Content”) are stored exclusively on your device, unless and until you explicitly choose to export them. Ankh does not transmit, replicate, store, access, or maintain copies of User Content on its servers or infrastructure. However, Ankh does transmit and process limited telemetry data, as described in the User Content vs. Telemetry section of these Terms.
 

​

7.2 User Content vs. Telemetry


For clarity, User Content is distinct from telemetry or diagnostic data (such as crash logs, performance metrics, coarse location data, usage analytics, etc.). Ankh may collect and process telemetry data to maintain, improve, and secure the Services and optimize user acquisition. Telemetry does not include your User Content and is handled in accordance with our Privacy Policy.
 

​

7.3 Consent and Regional Rights

 

By using the Services, you agree to the collection and use of telemetry data as described in our Privacy Policy. In certain jurisdictions, you may have the right to opt out of some categories of telemetry (for example, analytics used for service improvement but not strictly necessary for functionality). Where such rights apply, Ankh will provide mechanisms for exercising them.

 

​

7.4 Ownership and Rights

 

You retain all right, title, and interest, including all intellectual property rights, in and to your User Content. Ankh does not claim ownership over any User Content that you create, record, or store using the Services. However, this does not limit Ankh’s rights in any Feedback you provide, as described in the Feedback section of these Terms.

 

​

7.5 Export Functionality and Responsibility

 

The App may allow you to export a copy of your User Content for external storage. Once exported, the file becomes your sole responsibility. Exported files are not encrypted, and you are solely responsible for managing, storing, and, if desired, encrypting any exported files.

​

Ankh does not retain or have access to any exported data. Ankh bears no liability for the security, accessibility, or persistence of User Content once it has left the App via the export functionality.

​

​

7.6 Deletion of User Content

 

You may permanently delete all User Content by uninstalling the App. If your device’s operating system or a third party service creates backups, or if you have manually backed up your data, you are solely responsible for deleting those as well.

​

Because User Content resides solely on your device, Ankh cannot access, recover, or restore deleted content under any circumstance, including accidental or unintended deletion or loss of access to the device. By initiating deletion, you acknowledge that the data may be permanently destroyed and unrecoverable.

 

​

7.7 Service Continuity in Case of Death

 

The Services do not provide digital legacy, inheritance, or succession features. Because Ankh does not host or maintain copies of User Content, we are unable to provide access to, transfer, or manage User Content on behalf of a deceased user or their heirs. Upon your death, your access to the Services will terminate automatically, and any User Content stored on your device will remain solely subject to the security and accessibility of that device.

 

​

8. App Security

 

 

8.1 Key Custody and Device Residency

 

All cryptographic keys used by the App are generated and retained exclusively on your device. Ankh does not transmit, store, or maintain access to cryptographic keys that would enable the decryption of User Content. As a result, Ankh has no technical ability to access, recover, or decrypt your archive, even in response to user requests or legal demands. Loss of keys may result in permanent and irreversible loss of access to your data.

 

​

8.2 Device and Account Security

 

You are solely responsible for maintaining the security and confidentiality of your mobile device and any associated access credentials, including unlock codes, operating system passwords, biometric access (e.g., Face ID or fingerprint), and recovery keys or passphrases.

​

If your device is lost, stolen, infected with malware, or otherwise compromised, the confidentiality and integrity of your User Content may be at risk. Ankh has no ability to remotely access, lock, or delete data on your device and cannot secure or recover your User Content in such cases.

​

Where available, you should enable PIN, password, or biometric lock features as additional protection. However, you acknowledge and agree that no security measure is infallible, and that failure to secure your device or encryption credentials may result in irreversible data loss, compromise, or exposure.

​

Any liability in connection with such events is subject to the Disclaimer of Warranties section of these Terms.

 

​

8.3 Shredcryption

 

Shredcryption is an optional privacy feature offered by Ankh. It allows you to encrypt selected User Content and then discard the associated cryptographic keys, creating a speculative form of “time-capsule” encryption. Ankh does not transmit, store, or maintain access to these discarded keys and cannot recover shredcrypted data. By using this feature, you acknowledge that data encrypted with discarded keys will be permanently inaccessible.

 

​

8.4 Cryptographic Horizon and Limitations of Guarantees

 

Ankh designs its encryption systems, including Shredcryption, with the aim of safeguarding User Content over a long-term horizon based on current cryptographic research and standards. However, cryptography is an evolving field. Advances in cryptanalysis, new attack vectors, vulnerabilities, or unforeseen computational breakthroughs (including quantum computing) may compromise encryption methods considered secure today.

​

No Guarantee of Future Security: Ankh makes no warranty or representation that the encryption used in the App will remain unbreakable or that User Content will remain secure against all forms of intrusion.

​

No Recovery of Shredcrypted Data: Ankh further makes no warranty or representation that User Content encrypted through Shredcryption will ever be recoverable. Once keys are discarded, access to the selected data may be permanently and irreversibly lost.

​

Any liability in connection with unauthorized access, decryption, data compromise, or loss of confidentiality is subject to the Disclaimer of Warranties section of these Terms.

​

By using the Services, you acknowledge and accept the inherent limitations of any encryption system and assume full responsibility for evaluating whether the security architecture meets your needs, particularly if storing highly sensitive or personal information.

 

​

9. Apple App Store and Google Play Store Legal Information

 

These Terms apply to your use of the Services, including the iPhone application made available via the Apple, Inc. (“Apple”) App Store and the Android application made available via the Google, Inc. (“Google”) Play Store (together, the “Applications”). The following additional terms apply:

 

​

9.1 Acknowledgement

 

You and Ankh Inc. acknowledge that these Terms are concluded between you and Ankh Inc. only, and not with Apple or Google. Ankh Inc., not Apple or Google, is solely responsible for the Application and the content thereof. Nothing in these Terms may provide for usage rules for the Application that conflict with the Apple Media Services Terms and Conditions as of the last updated date of these terms(which Ankh Inc. acknowledges it has had the opportunity to review.

 

​

9.2 Scope of License

 

The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded products or Android devices that you own or control, and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service, except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

 

​

9.3 Maintenance and Support

 

Ankh Inc. is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. You and Ankh Inc. acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

 

​

9.4 Warranty

 

Ankh Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
 

  • iOS: In the event of any failure of the iOS version of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Ankh Inc.’s sole responsibility.
     

  • Android: In the event of any failure of the Android version of the Application to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Ankh Inc.’s sole responsibility.

 

​

9.5 Product Claims

 

You and Ankh Inc. acknowledge that Ankh Inc., not Apple or Google, is responsible for addressing any claims you or any third party may have relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product-liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation (including, if applicable, in connection with the Application’s use of Apple frameworks such as HealthKit and HomeKit). Nothing in these Terms limits Ankh Inc.’s liability to you beyond what is permitted by applicable law.

 

 

9.6 Intellectual Property Rights

 

You and Ankh Inc. acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Ankh Inc., not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

​

9.7 Legal Compliance

 

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

​

9.8 Developer Contact Information

 

Questions, complaints, or claims with respect to the Application should be directed to:
Ankh Inc.
251 Little Falls Drive, 19808 Delaware, United States.
+381637428970
support@getankh.com

 

​​

9.9 Third Party Terms of Agreement

 

You must comply with all applicable third-party terms of agreement when using the Application, including, for example, any agreement with your wireless data service provider.

 

​

9.10 Third Party Beneficiaries

 

You and Ankh Inc. acknowledge and agree that Apple and Apple’s subsidiaries, and Google and Google’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

 

​

10. Third‑Party SDKs & Attribution

 

The App may integrate software development kits (“SDKs”) provided by third-party platforms, including Meta (Facebook) and Google (Firebase), for functions such as analytics, attribution, and measuring and improving the effectiveness of advertising campaigns.

​

10.1 Limited Role of SDKs


These SDKs may collect identifiers such as device ID, IP address, or app usage data in accordance with their respective privacy policies. Ankh does not control and is not responsible for the data handling practices of these third-party providers.

 

​

10.2 Reference to Privacy Policy


Details regarding what data is collected through third-party SDKs, how it is used, and what choices you may have are set out in our Privacy Policy. By using the Services, you acknowledge that third-party SDKs may process data in accordance with their own policies, including:
 

 

10.3 Limitation of Liability


To the fullest extent permitted by law, Ankh disclaims all responsibility for the data handling, policies, or practices of third-party SDK providers.

 

​

10.4 Privacy Policy Prevails

 

If there is any conflict or inconsistency between these Terms and our Privacy Policy, the Privacy Policy will govern with respect to the collection, use, and processing of personal data.

 

​

11. Disclaimer of Warranties

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANKH INC. AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE.

ANKH INC. MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY DATA OR RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (IV) ANY CONTENT, PRODUCTS, SERVICES, OR MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

REFERENCES TO “DIGITAL RESURRECTION,” “PERSONALITY RECREATION,” OR SIMILAR SPECULATIVE OUTCOMES ARE ASPIRATIONAL ONLY AND DO NOT CREATE WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF FUTURE RESULTS.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS OR CONTENT FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO ARCHIVAL, MEMORY, OR “DIGITAL RESURRECTION” FEATURES, IS AT YOUR SOLE RISK AND SHOULD NOT BE RELIED UPON AS A SOLE SOURCE OF TRUTH, PROFESSIONAL ADVICE, OR GUARANTEE OF FUTURE RESULTS.

 

​

12. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ANKH INC. NOR ITS AFFILIATES, SUPPLIERS, LICENSORS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ANKH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ANKH INC.’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO ANKH INC. FOR USE OF THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE LIABILITY AROSE, OR (II) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.

WITHOUT LIMITING THE FOREGOING, ANKH INC. WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR HARMS ARISING FROM RELIANCE ON THE SERVICES FOR EMERGENCIES, MEDICAL OR MENTAL HEALTH PURPOSES, CRISIS RESPONSE, OR ANY SITUATION WHERE TIMELY, PROFESSIONAL, OR OFFICIAL ASSISTANCE IS REQUIRED.

ANKH INC.’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

 

​

13. Indemnification & Release

 

To the maximum extent permitted by law, you agree to indemnify and hold harmless Ankh Inc., its affiliates, and their officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, including the consequences of such use under local laws or regulations applicable to you, your User Content, or your violation of these Terms or of the rights of another. This indemnity does not require you to indemnify any party for its own negligence, fraud, willful misconduct, or other wrongful acts.
 

To the maximum extent permitted by law, you release Ankh Inc. from claims arising solely from your use of the Services, except where such claims result from our own negligence, fraud, or willful misconduct. This release extends to unknown or unsuspected claims, including any waiver required under California Civil Code §1542 or similar statutes or doctrines in other jurisdictions.

 

​

14. Dispute Resolution by Binding Arbitration

 

14.1 Mandatory Arbitration

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ANKH INC. AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (A “DISPUTE”) WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS PROVIDED IN THE “EXCEPTIONS” SECTION BELOW. THIS AGREEMENT TO ARBITRATE APPLIES REGARDLESS OF WHEN THE DISPUTE AROSE.

 

​

14.2 Informal Resolution First

 

Before either party begins arbitration, we agree to attempt to resolve the Dispute informally. You must send a written notice describing the dispute to support@getankh.com. If the Dispute is not resolved within sixty (60) days of receipt, either party may commence arbitration.

 

​

14.3 Arbitration Forum and Rules

 

Arbitration will be administered by the American Arbitration Association (“AAA”) or National Arbitration and Mediation (“NAM”), in accordance with their applicable consumer arbitration rules, as modified by these Terms. The arbitration may be conducted by videoconference, telephone, or in a mutually convenient location. The Federal Arbitration Act governs this section.

 

​

14.4 Exceptions

 

This arbitration agreement does not require arbitration of the following: (i) individual claims brought in small claims court; and (ii) claims seeking injunctive or other equitable relief to prevent unauthorized use or abuse of the Services or infringement of intellectual property.

 

​

14.5 Class and Jury Trial Waivers

 

YOU AND ANKH INC. AGREE THAT DISPUTES MUST BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

YOU AND ANKH INC. KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

If a court determines that this class and representative action waiver is unenforceable with respect to particular claims, then this entire arbitration agreement will be unenforceable as to those claims, and they must be resolved in court.

 

​

14.6 Attorneys’ Fees

 

Ankh Inc. will not seek to recover attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.

 

​

14.7 Batch Arbitration

 

If twenty-five (25) or more claimants represented by the same or coordinated counsel file arbitration demands raising substantially similar Disputes within ninety (90) days, the claims will be resolved in batches of up to fifty (50) claimants each (“Batch”), with each Batch assigned to a single arbitrator and a single set of arbitration fees. The resolution of one Batch will not determine the outcome of any other Batch.

 

​

14.8 Severability

​

If any part of this arbitration agreement is found to be unenforceable, the remainder will remain in effect, except that if the class and representative action waiver in Section 14.5 is found unenforceable, this entire arbitration agreement will be unenforceable.

 

​

14.9 Opt-Out Right

 

You may opt out of this arbitration agreement by sending written notice to support@getankh.com within thirty (30) days of accepting these Terms. If you opt out, Disputes will be resolved in court as set out in the Governing Law section of these Terms.

 

​

15. Governing Law

 

These Terms and any Dispute will be governed by the laws of the State of Delaware, excluding its conflict-of-law principles. Except as provided in the Dispute Resolution and Arbitration section of these Terms, disputes must be resolved through binding arbitration. If the arbitration agreement is found unenforceable or you validly opt out, then the courts located in Delaware will have exclusive jurisdiction.

Nothing in these Terms will deprive you of any mandatory consumer protections under the laws of your country of residence.
 

​

16. Export Controls and Trade Compliance

 

You must comply with all applicable export control and sanctions laws. The Services may not be used in or for the benefit of, or exported or re-exported to: (a) any U.S. embargoed country or territory, or (b) any individual or entity restricted under applicable trade laws. The Services may not be used for any prohibited end use under such laws.

 

​

17. Changes to the Terms

 

We may update these Terms at any time. Updated Terms will take effect when posted within the App or on our website, but will not apply retroactively. You may be required to accept updated Terms the next time you use or update the App. If you do not agree to the updated Terms, you must stop using the Services.

 

​

18. Suspension, Termination, and Discontinuation

 

18.1 Suspension or Termination by Ankh


We may suspend or terminate your access to the Services, in whole or in part, at any time if we reasonably believe that:
 

  • you have violated these Terms or applicable law;

  • your use poses a risk to the security, stability, or integrity of the Services or to other users;

  • we are required to do so by law, regulation, or court order; or

  • continuing to provide the Services is no longer commercially viable or feasible.

 

​

18.2 Termination by You

 

You may stop using the Services at any time by uninstalling the App and discontinuing all use. Uninstalling the App will delete User Content stored locally on your device unless separately backed up, and Ankh has no ability to recover deleted data.

 

​

18.3 Discontinuation of the Services

 

We may discontinue or withdraw the Services in whole or in part. Where reasonably possible, we will provide advance notice. If you purchased Services through a third-party platform (such as the Apple App Store or Google Play), refunds will be handled directly by that platform in accordance with its policies. Ankh is not responsible for processing refunds outside of those platforms.

 

​

18.4 Effect of Suspension, Termination, or Discontinuation

 

Upon suspension, termination, or discontinuation, your right to use the Services will cease immediately.

 

​

19. Entire Agreement

 

These Terms, together with the Privacy Policy and any other referenced documents or service-specific terms, constitute the entire agreement between you and Ankh Inc. with respect to the Services, and supersede all prior or contemporaneous agreements relating to the same subject matter.

 

​

20. Waiver and Severability

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

 

​

21. Survival

Provisions of these Terms which by their nature should survive termination will remain in effect, including but not limited to: ownership provisions, disclaimers, indemnity, limitations of liability, dispute resolution and arbitration, governing law, and waiver and severability.

Ankh terms of service ascii logo with text
bottom of page