Terms of Service

THIS SERVICE MAY INCLUDE SUBSCRIPTIONS THAT AUTOMATICALLY RENEW. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE STARTING A FREE TRIAL OR COMPLETING A PURCHASE FOR AUTO-RENEWING SUBSCRIPTION SERVICE. TO AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL IN YOUR APP STORE’S ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THEN-CURRENT SUBSCRIPTION PERIOD.IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A FREE TRIAL, PLEASE VISIT THE APPLE SUPPORT WEBSITE(OR ANY OTHER APP STORES SUPPORT PAGES). DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. YOU MAY WISH TO TAKE A SCREENSHOT OF THIS INFORMATION FOR YOUR REFERENCE.

Acceptance of Terms

AI Clean (the "App") is a mobile application that finds and removes duplicate photos, screenshots, videos and contacts from your device. The content available via the App (the "Content") is distributed by AI Clean other company as may be indicated in an app store ("we", "us", "our" or the "Company"). The App, together with the Content, tools, transactions and other services available by using the App, are collectively referred to as the "Service".

Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the "Terms"), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.

Access and Use of the App

The App is available for IOS operating systems and devices.The User can download and/or use the App, provided that the User is 14 years of age or older, and/or the User is an adult according to the laws and regulations of his/her country of birth or residence.

The download and/or access to the App is free of charge, but if the user desires to use the premium feature will require a fee. The User must choose and pay according to one of the options offered.

In the application itself, and at all times, the User will be informed about which functionalities are free and which are paid for. Among others, the free features will be a determined number.

If the User decides to pay for a subscription plan regarding a premium service, in order to use the Smart Cleaning feature and the above stated free features but in an unlimited way, the User will automatically be conferred with the status of Customer (hereinafter, the “customer/s”). Such status implies full acceptance of the present Terms of Service and, in particular, abides with the costs of our Service option or subscription premium service.

We do our best so that the App is available at all times for the User and to maintain a safe and error-free environment. However, we cannot guarantee that the App will be maintained without interruptions, delays, errors or omissions for external reasons beyond our reasonable control.

We do not specify that the App will be available worldwide. We may limit the availability of the app and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the App from an unauthorized location is entirely at the User’s own risk and responsibility.

Data Protection

The personal data collected for the provision of the services offered through this App, as well as those obtained from your interaction with the App will be processed in accordance with our Privacy and Cookies Policy.

Likewise, the User is informed that the appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality, integrity, availability, and security of the personal data that is processed.

Use of Service; Age Restrictions

You use the Service at your own risk and responsibility and are solely and exclusively responsible for the use of the Service. We will not be liable for any of your actions done using the Service.

The Service may be modified, updated, interrupted or suspended at any time without notice or liability to you.

The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

Intellectual Property Rights; License

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics at the Service (collectively, "Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content and the Marks are provided at the Service "AS IS" for your information and personal use only.

Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Service on wireless electronic devices owned or controlled by you, and to access and use the Service on such devices strictly in accordance with these Terms.

The license granted to you for the Service is limited to a license to use the application on a device that utilizes the iOS operating system and in accordance with the usage rules set forth in the applicable App Store terms of service.

User Content

"User Content" of a user means any and all content that such user creates, uploads, distributes, or otherwise provides via the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate these Terms. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

You agree not to create, upload, distribute, or otherwise provide via the Service the User Content that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; that is tortious, trade libelous, defamatory, false, or intentionally misleading, that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, that is harmful to minors in any way; or that violates any law, regulation, or contractual obligations.

By uploading, distributing, or otherwise using your User Content with the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content.

We reserve the right to remove and permanently delete any User Content from the Service with or without notice.

Third-Party Content

The Service may contain (or you may be sent via the Service) links to other mobile applications and websites ("Third-Party Resources") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Resources and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Resources accessed through the Service or any Third-Party Content posted at, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Resources or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Resources or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Resources or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Resources will be through other mobile applications or websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Resources and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Resources.

We allow advertisers to display their advertisements and other information in certain areas of the Service. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

Exemption of Liability

The Company makes its best efforts to ensure the availability and safe usage of the App. However, the download and/or use of the App may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the App will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Therefore, the App is provided “as is'' without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the App is at the User’s own risk and responsibility.

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the App or if the content and information provided by the App is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Likewise, the Company will not assume any responsibility when:

- Users under fourteen (14) years of age or under the required legal age according to the laws and regulations of their birth or residence country access the website. It is the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

- The User has provided personal data of third parties without having their prior written consent to do so. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.

- The User shares through the App content that is not of their ownership but belongs to third parties, protected by the corresponding intellectual property rights, and for which the User has not their authorization to use. They are the sole responsible for such infringement.

- The User deletes his/her device content, having previously double checked and voluntarily consent to it, and even from its Cloud service. The Company will not be held responsible under any circumstances for it not either will have to restitute the lost content because of User's negligence or error.

- The User shares through the App contenta that is not of their ownership, or that include third parties personal data and/or information. They are the sole responsible for obtaining the  consent of said third party/ies and for the disclosing of the above mentioned information.

- The content that could be provided by third parties through our application, such as links which can redirect users to third parties websites or advertisements, as they are governed by the corresponding third parties privacy policies and terms of use. Taking this into consideration, Users take all responsibility to their own risk if they freely decide to use the application. For further information regarding  collaboration with third parties, we encourage you to consult their privacy policies.

- The content uploaded to the App and subsequently shared cannot be used for commercial purposes. The user is solely responsible for the use of the content created using the App and for its use external to the App.

- The User breaches his/her commitments and/or any other provision set out in these Terms of Service.

No Warranty

You expressly acknowledge and agree that use of the Licensed Application and/or the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any Services performed or provided by/via the Licensed Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application Provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that defects in the licensed application or services will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Should the Licensed Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.

In any case, the Application Provider shall be the sole responsible for (i) addressing any claim relating the licensed application and/or the services, including any third party’s intellectual property claim; and (ii) providing any maintenance and support service with respect to the licensed application as required under this EULA and/or applicable law.

It is understood that in the event of any failure of the Licensed Application to conform to any applicable warranties, You may notify Apple and require refund of the purchase price of the Licensed Application.

Miscellaneous

These Terms and any policies or operating rules posted by us at the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service.

You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Contact Details

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: [email protected].

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.