This Terms of Use and End User License Agreement (collectively, "Agreement") and all documents referenced herein form a legally binding agreement between you, as a natural person ("you" or "your"), and Smart Cleaner ("we" or "our") regarding your access and use of the Smart Cleaner software application ("App") for mobile devices. The name of the App may vary outside of the US and is subject to change without notice. All documents related to the App are specifically incorporated into this text by reference. Please read this Agreement carefully before downloading, installing or using the App. You must read and understand this Agreement, as downloading, installing or using the App indicates that you have read, understood, agree to and accept this Agreement, which takes effect from the day you download, install or use the App. Use of the App indicates your agreement to abide by this Agreement. If you do not agree (do not accept) this Agreement, or if you disagree with at least one term of this Agreement, you have no right to access, download, install or use the App. You must stop downloading and installing the App immediately, and delete (remove) the App from any mobile devices that you own or control.
We reserve the right to change or modify this Agreement at any time for any reason at our sole discretion. We will notify you of any changes at any time by updating this Agreement, and you waive your right to receive individual notice of each such change. It is your responsibility to review this Agreement periodically to be aware of updates. If you continue to use the App after the date on which the revised agreement is published, you are bound by any changes to the revised agreement and are deemed to have understood and accepted the changes.
To download, install, access or use the App, you must be at least eighteen (18) years old.
All users who are minors (generally under 18 years old) under their jurisdiction must obtain permission from their parents or guardians and use the App under their direct supervision. Therefore, if your age is between thirteen (13) and seventeen (17), and you wish to download, install, access or use the App, you must: (a) ensure and confirm (if necessary) that your parents or guardians have read and agreed (get approval from your parents or guardians before you use the App in accordance with this Agreement); (b) have the right to enter into a binding contract with us, and are not prohibited by any applicable law.
Parents and guardians must directly supervise any use of the App by minors.
Anyone under the age of thirteen (13) is not allowed to download, install, access or use the App.
You confirm that you are at least eighteen (18) years old, or an emancipated minor, or have the consent of a legal parent or guardian, and you are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by this Agreement.
We at Smart Cleaner are pleased to offer our branded mobile applications and any and all related documents (each a "Smart Cleaner App" and collectively the "Smart Cleaner Apps"), accessible in the Apple App Store.
You hereby agree, whenever you use or access Smart Cleaner App located in the Apple App Store and any other our product or service (each a "Service" and collectively, "Services"), that your use of the Services is dependent on your acceptance of and compliance with these Terms. "Use" or "using" means accessing, installing, downloading, making in-app purchases, or otherwise benefiting from the features of Smart Cleaner App in accordance with the documents. Please read this End User License Agreement ("Agreement") carefully before accessing, downloading or using any Smart Cleaner App, because the relevant agreement governs your use of Smart Cleaner Apps and how we provide Smart Cleaner Apps. If you do not agree to these terms, do not use the services. Each time you use or access the Services, the current version of these Terms applies. This Agreement also includes additional payment terms, in-app purchase options, and any other requirements set forth on the download or purchase page/platform where you purchase or download the Smart Cleaner App.
Your use of or access to the Services also requires you to comply with Smart Cleaner's Privacy Policy ("Privacy Policy"), which is provided in Annex I and incorporated by reference into these Terms. In addition, you agree to comply with our rules, policies and procedures that we may post on the Service from time to time. We reserve the right to change these terms at any time without further notice. Without limiting any rights you may have under law or this Agreement, you acknowledge that an in-app message notifying you of such changes when you open, use or access a Smart Cleaner App should be considered a reasonable form of notice. For the avoidance of doubt, continuing to use the Smart Cleaner App after we post revisions to this Agreement or make changes to the application signifies your acceptance of such revisions and/or changes. If you do not agree with any revision, you must stop using the Smart Cleaner App. If you have further questions or concerns about these Terms, please contact us.
This is a legally binding agreement. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy referred to herein, you must immediately leave the Apple App Store, and you have no right to use or access any Services. Depending on the laws of your jurisdiction, you may have certain rights that you cannot waive through this Agreement; these rights are outside the scope of this Agreement, and certain terms of this Agreement may not be enforceable against you. If any term or condition of this Agreement is unenforceable, the remainder of this Agreement shall remain in full force and effect. You hereby confirm that you are at least 18 years old (or if you are under 18, you may use the Apple App Store and/or Google Play only with the approval of your parent or legal guardian), and that you have the legal capacity to enter into this Agreement, and have fully read, understand and agreed to be bound by these terms. Please note that in order to use Google Play, you must have a valid Google account, and comply with the following age restrictions, as well as any other age restrictions that may apply to the use of specific content or features on Google Play. You may only use the Apple App Store and/or Google Play with the approval of your parents or legal guardian, and that you are legally able to enter into this Agreement, and have fully read, understand and agreed to be bound by these terms. Please note that to use Google Play, you must have a valid Google account, and comply with the following age restrictions, and must also comply with any other age restrictions that may apply to the use of specific content or features on Google Play.
The App is a utility that aims to enhance your device experience. The App enables you to search and delete screenshots, similar images, live photos, bursts photos, and videos; organize your contacts - merge, backup, delete them quickly and efficiently. You could also create a secret safe space to safely hide your private photos, videos, and contacts. Additionally, you might get a chance to test your internet connection speed, add storage, battery, and contacts widgets on the home screen, set charging animations and learn some tips on how to extend battery life. Please check the complete performance list on the App page in the App Store.
The App is for your personal non-commercial use only. You may use the App only for the purpose described above.
Your privacy is very important to us. Therefore, we have formulated a privacy policy so that you can understand how we handle, use and store information including personal data. Accessing the application and using the service should abide by the privacy policy. By accessing the application and continuing to use the service, you will be regarded as accepting the privacy policy, in particular, you will be regarded as acknowledging the way we handle your information and the appropriate legal basis for processing your information described in the privacy policy. We reserve the right to modify the privacy policy from time to time. If you disagree with any part of the privacy policy, you must stop using the application and the service immediately.
By using this application, you pledge to respect our intellectual property rights (including application source code, UI/UX design, content materials, copyrights and trademarks, etc.), as well as the intellectual property rights of third parties that we own.
As long as you continue to use this application, we grant you, under this agreement, a limited, non-exclusive, non-transferable, non-licensable, revocable right to access and use this application.
The source code, design and content within the application, which includes information, photos, illustrations, artworks and other graphic materials, sounds, music or videos etc. (hereafter referred as "works"), as well as names, logos and trademarks (hereafter referred to as "personalized methods") are all protected by copyright laws and other related laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties (based on circumstance).
If any third-party claims that your use of this application infringes its intellectual property rights, we will not be responsible for the investigation, defense, settlement and indemnity of such intellectual property infringement claims.
Without explicit permission from us and/or our partners and/or contracted third parties, you shall not wholly or partially copy, photocopy, forward, distribute, sell, publish, broadcast or disseminate these works and personalized methods, the specific situation depends on the scope of the license.
The ownership, ownership, and benefits of the application and its content, works and personalized methods and their functions are the exclusive property of Smart Cleaner and/or our partners and/or contracted third parties, and are protected by applicable international and national laws, and will never be wholly or partially transferred to you within the scope of this license.
We will take any unauthorized use of our trademarks, names or logos seriously in order to protect and restore our rights. This article retains all rights not explicitly granted. Other mentioned product and company names may be the trademarks of their respective owners.
Advocating, promoting or assisting any illegal behaviour, such as (as an example) infringing copyright or abusing computers.
You shall not provide this application to any third party. In addition, you shall not modify, translate this application or any documents related to this application into other languages, reverse engineer, decompile, disassemble, or create derivative works in any other way.
You shall not assign, lend, rent, lease, distribute this application, or use it to provide services to a third party, or grant any rights to a third party in relation to this application or any documents related to this application.
Misuse of any trademarks or any other content displayed on the application is prohibited.
You shall not directly or indirectly copy and/or duplicate and/or distribute and/or publish and/or use any content in the application, thereby infringing our intellectual property rights.
In addition, you shall not attempt to use this application or any part of it for malicious purposes.
Furthermore, we do not assume any responsibility for the way you use this application.
It is clear that, for users who violate this agreement, we can take any legal measures we can take under applicable law.
The Smart Cleaner application, like other user technologies in the related market, may not be 100% secure. Accepting this agreement means that you acknowledge and accept that the Smart Cleaner application and any information downloaded or shared through the Smart Cleaner application may be subject to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure.
You bear all responsibility for such security risks and any damage caused by them. In addition, you are fully responsible for protecting your mobile device from unauthorized access or network attacks, including the use of complex password protection methods. You agree that Smart Cleaner is not responsible for any unauthorized access to your mobile device or application data thereon.
In terms of malware protection, Google may receive information about your device's network connections, potentially harmful URLs, operating systems and applications installed on your device from Google Play or other sources, to protect you from the infringements of malicious third-party software, URLs and malware and other security issues. Moreover, if Google considers an application or URL unsafe, it may send you a warning; if it is known that the application or URL is harmful to the device, data or users, Google may delete it or block it from being installed on your device. You can choose to disable some of these protection measures in your device settings, but Google may continue to receive information about the installations via Google Play.
The distribution and issuing of the Smart Cleaner application will take place in the global market through Apple's App Store and/or Google Play. Notwithstanding this, certain features and limitations of the Smart Cleaner application will be offered to users through in-app purchases as a paying feature. If you wish to use such paid features under this agreement, you must pay first before you can use this paid feature.
Such in-app purchase features are offered annually, semiannually, quarterly, monthly or weekly and are rebilled annually or monthly by the Apple App Store and/or Google Play, depending on the auto-renewable subscription mode until they are cancelled by the user. Apple's App Store and/or Google Play will send an e-mail in advance before renewal, which contains a hyperlink for managing the subscription program. Payments a for the application are processed through the Apple App Store and/or Google Play where you initially downloaded the application. You can directly access the applicable in-app purchase rules and policies from the Apple App Store and/or Google Play. You acknowledge and agree that you are fully responsible for managing your in-app purchases and the amounts you use in the Smart Cleaner application for in-app purchases.
Please note, to purchase content or the Smart Cleaner application on Google Play, you need to have a Google Payments account and agree to the terms and conditions of Google Payments. As long as you use a Google Payments account to purchase content, the Google Payments privacy statement applies. You need to bear all payable amounts associated with purchases made via your Google Payments account on Google Play. In addition to Google Payments, Google may also provide you with various payment processing methods to aid your purchase of content or the Smart Cleaner application via Google Play. You need to comply with any relevant terms and conditions or other legal agreements, whether it's with Google or a third party, your use of a particular payment processing method is subject to such rules. Google can decide to add or remove payment processing methods. You are fully responsible for all payable amounts related to your purchases on Google Play.
In order to determine whether you are eligible to purchase content or the Smart Cleaner application through your device and bill it through your network provider's account, when you create a Google Play account on your device, Google Play will send your device identifier to your network provider. For this, you need to accept the terms of service of the network provider. The network provider may send your billing address information to us. Google Play retains and uses this information in accordance with Google's Privacy Policy and Google Payments' Privacy Statement.
If you are under 18, you are legally required to obtain permission from your parents or legal guardians before making any in-app purchases. Completing an in-app purchase means that you confirm to us that you have any and all permissions needed for such purchases. If you're a parent or legal guardian of a person under 18, we recommend that you consider any parental controls that the Apple Store and/or Google Play can provide, if you're worried that your child may make excessive use of in-app purchases.
In-app purchases are bought from and billed by the Apple Store or Google Play, not Smart Cleaner. These purchases are subject to the terms and conditions of the Apple Store and/or Google Play. All billing and refund inquiries should go directly to the Apple Store and/or Google Play. That being said, Smart Cleaner cannot access Apple App Store and/or Google Play accounts and transactions.
If in-app purchases either fail to download or are unusable after successful download, we will investigate the cause of the issue upon discovery or after receiving your notification. We will reasonably decide whether to provide you with a replacement for the in-app purchase service or to provide you with a patch to fix the fault. In any case, we won't charge you any fees for replacing or repairing in-app purchases. In the event that we are unable to replace or repair the relevant in-app purchase, or are unable to complete this operation within a reasonable time without causing you significant inconvenience, we will authorize the Apple App Store and/or Google Play to refund you, the amount can be up to the fee of the related in-app purchase. Alternatively, if you want to apply for a refund, you can directly contact the Apple App Store and/or Google Play.
You acknowledge and agree that all billing and transaction processes are handled by the Apple App Store and/or Google Play, where you downloaded the Smart Cleaner application from, and they are governed by the terms and conditions/final user license agreement of the Apple App Store and/or Google Play. If you encounter any payment issues related to in-app purchases, you need to contact the Apple App Store and/or Google Play directly.
You agree to bear the risk of using this application and its services. The services integrated into the application and all materials, information, software and content are provided "as is" and "as available". We do not make any types of express or implied warranties about the merchantability, technical compatibility, or fitness for a specific purpose of any service, product, or material provided under this agreement. We do not guarantee that the functions contained in the service or included through the service are available, uninterrupted or error-free, do not guarantee that defects will be corrected, and do not guarantee that the service or servers providing the service do not contain viruses or other harmful components. We don't guarantee 100% deletion of all duplicate contacts or similar pictures or screenshots on your device.
We do not provide any guarantees for the normal functionality of the application, but if you find that our application has not met your expectations, you can notify Apple, and Apple might refund you the purchase price of the application; and in any case, to the maximum extent permitted by applicable law, Apple does not assume any other warranty obligations for the application and for any other claims, losses, liabilities, damages, costs or expenses caused by failure to comply with any warranty.
Under no circumstances shall we assume liability for any type of damage (whether direct or indirect) caused by or in any way related to this application and the services provided by this application. Under no circumstances shall we bear any liability for any special, consequential, incidental, punitive or penal damages or losses of profits or revenues, even if we have been expressly informed of the possibility of such damages. Under no circumstances shall we assume liability for any damages caused by or associated with products, services and/or information provided by any third party or accessed through the application in any other way.
Apple is not responsible for resolving claims related to the application or your possession and/or use of the application, including but not limited to: (i) product liability claims; (ii) claims that application does not comply with any applicable laws or regulatory requirements; (iii) claims brought under consumer protection, privacy, or similar legislation.
You must declare and guarantee that (i) the country/region where you are located is not embargoed by the U.S. government, or has been designated by the U.S. government as a "supporter of terrorism;" (ii) you are not on any list of persons prohibited or restricted by the U.S. government.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that after you accept the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.
Choice of law and forum clause. This Agreement is governed by and should be interpreted according to the laws of the state of Florida, USA.
All disputes and claims, actions, causes of action or proceedings between the parties to this Agreement, whether based on contract law, tort law, equity law, legal or other aspects, including disputes arise from or are related to this Agreement, especially related to disputes, claims, lawsuits, or proceedings because of its performance, alleged breach of conduct (i) the material and procedural laws of the state of Florida shall govern and interpret this, excluding and not implementing its choice of law clauses; (ii) shall be exclusively adjudicated by courts of competent jurisdiction in the state of Florida, USA, excluding other courts and forums.
We do not guarantee that this application is suitable or available for use outside the USA. Individuals who access or use this application from other jurisdictions do so voluntarily and are responsible for complying with local laws.
If you choose to access or use this application from outside the USA or while outside the USA, you are responsible for:
a) ensuring that what you are doing in that country/region is legal; and
b) the consequences and your compliance with all applicable laws, regulations, rules, codes of conduct, licenses, registrations, permits, and authorizations.
Collective Action Waiver. In resolving any disputes with us and/or seeking any relief from us, you expressly agree to waive your right to institute and/or participate in any type of collective action and/or litigation proceedings.
If any disputes, allegations or claims (including any non-contractual claims) arise or are related to this application and the services provided by the application or this Agreement, you and we agree to send each other written notices, providing a reasonable description of the dispute and the proposed resolution. The notice will be sent based on the latest contact information. Within sixty (60) days from the receipt of the other party's notice, you and us will engage in dialogue to try to resolve the dispute, but neither you nor we are required to resolve the dispute on terms determined by you or us,
We reserve the right to terminate this Agreement at any time for any reason at our discretion.
Once terminated, (a) the rights and licenses granted to you under this Agreement will end; (b) You must cease all use of this application.
If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, such provision should be interpreted more narrowly to make it legal, valid and enforceable, or if impossible, should be deleted. The other provisions of this Agreement should continue in full force and effect.
You may not assign or transfer our contract with you to any other person, nor intend to assign or transfer it to any other person.
Under any circumstances, we shall not assume any liability for any type of damage (whether direct or indirect) caused by the application and the services provided by the application or in any way related to them. Under any circumstances, we shall not assume any liability for any special, consequential, incidental, punitive or penal damages or losses of profits or revenues, even if we have been expressly informed of the possibility of such damages. Under no circumstances shall we assume any liability for any damages caused by or related to products, services and/or information provided by any third party or accessed through the application or in any other way.
Apple is not responsible for resolving claims related 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 does not comply with any applicable legal or regulatory requirements; (iii) claims asserted under consumer protection, privacy, or similar legislation.
You must declare and guarantee (i) your country/region is not subject to a US government embargo or designated by the US government as a "terror-supporting" country/region; (ii) you are not listed on any US government list of prohibited or restricted parties.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this agreement, and that once you accept the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as a third-party beneficiary.
Choice of law and choice of court clause. This agreement shall be governed by and interpreted in accordance with the laws of the State of Florida in the United States.
All disputes and claims, lawsuits, causes of action or proceedings between the parties, regardless of contract law, tort law, equity law, statutory or otherwise, including those arising out of or related to this agreement, especially disputes and claims, lawsuits, causes of action or proceedings related to its performance or alleged violation shall (i) be governed by and interpreted in accordance with the substantive laws and procedural laws of the State of Florida in the USA, excluding and not implementing its choice of law provisions; (ii) be exclusively adjudicated by a court with jurisdiction in the State of Florida in the USA, excluding other courts and forums.
We do not guarantee that this application is suitable or available for use outside of the United States. Those who access or use this application from other jurisdictions do so voluntarily and are responsible for complying with local laws.
If you choose to access or use this application from outside the United States or while outside the United States, you are responsible for:
a) ensuring what you are doing in your country/region is legal; and
b) the consequences and your compliance with all applicable laws, regulations, by-laws, codes of conduct, licenses, registrations, permits, and authorizations.
Class Action Waiver. In resolving any disputes with us and/or seeking any relief from us, you expressly agree to waive your right to initiate and/or participate in any kind of class action and/or legal proceedings.
If any dispute, allegation or claim (including any non-contractual claim) arises out of or is related to the application and the services provided by the application or this agreement, you and we agree to send each other written notices, providing a reasonable description of the dispute and the proposed resolution. The notice will be sent according to the latest contact information. Within sixty (60) days from the receipt of the notice from the other party, you and we will have a discussion to try to resolve the dispute, but neither you nor we are required to resolve the dispute on terms that you or we decide on,
We reserve the right to terminate this agreement at any time for any reason at our discretion.
Upon termination, (a) the rights and licenses granted to you under this agreement will cease; (b) you must cease all use of the application.
If any provision of this agreement is or becomes illegal, invalid or unenforceable, that provision should be interpreted in a more narrow manner to make it legal, valid and enforceable, or if that is not possible, it should be deleted. The other provisions of this agreement should continue to be in full effect.
You may not assign or transfer the contract between you and us to anyone else, nor may you intend to assign or transfer it to anyone else.