The present Terms of Service explain the conditions and rules that govern the download and use of the application: AI Cleanup (hereinafter, “the App”), which is owned and operated by Bendiks Boege, residing at Am Sandtorkai 77, 20457 Hamburg, Germany, contact email: aicleanup.app@gmail.com (hereinafter, “the Service Provider”, “we”, “us”, “our”). The App is not affiliated with any other platforms or third parties.
The download and/or use of the App attributes the status of User to the person accessing the App and implies that you have read and fully understood the content of the present Terms of Service and you fully accept the present Terms of Service (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms of Service, please do not carry out any of the aforementioned actions.
We reserve the right to update these Terms of Service, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. Therefore, we recommend the User periodically reviews the applicable Terms of Service.
We reserve the right to suspend and block or eliminate the access of a User to the App in the event that they breach any part of these Terms of Service.
The nullity, total or partial, of any of the provisions of these Terms of Service by any judicial decision, will not affect the validity of the other provisions.
For any doubt or question related to these Terms of Service, please contact us by email: aicleanup.app@gmail.com.
The App consists in offering Users the Smart Cleaning tool, for personal non-commercial use, which gives them the possibility to keep their device clean and organized, to free up storage space, by means of removing duplicate or similar and even blurred content, including photographs (even screenshots) and videos from their camera roll, calendar events and contacts (they can also be merged).
The App may offer additional functionalities such as (by way of example, but not limited to):
The ability to compress photographs and/or videos;
Other tips and recommendations for optimizing the cleaning process of their devices.
Remarks:
Note that before deleting any content, the App will request you to confirm such deletion, so that no content is erased by accident and to avoid later regrets.
Some features of the App work offline, so internet connection is not necessarily needed for such functionalities.
We reserve the right to update features and/or functionalities of the App at any time. Please refer to the “Updates” section of these Terms of Service.
The App is available for iOS (and potentially Android) operated systems and devices. To download and/or use the App, the User must be an adult according to the laws and regulations of their birth or residence country and/or state.
To download the App and/or access certain functionalities of the App, the User must ensure to have an Internet connection.
The download and/or access to the App is free of charge as well as some features. If the User desires to use the “Smart Cleaning” feature or any other paid functionalities, the User must choose and pay according to one of the options offered. Please refer to the “Subscription to Premium Services and payment” section of these Terms of Service.
If the User decides to pay for a subscription plan regarding a premium service, the User will automatically be conferred with the status of Customer. Such status implies full acceptance of the present Terms of Service.
Remarks:
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.
We are committed to ensure that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App and we may add, modify or eliminate features and/or functionalities at any time, for any reason, which are accepted by the User when installing the App. In any case, when making such changes, the User will be notified through the same App. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for. If a new version of the App is launched or if new features and/or functionalities are added, we may ask you to update the App on your electronic device. Likewise, we may show the User (and invite them to read) a new updated version of these Terms of Service before using the new version of the App. By using the new version of the App, the User clearly states they have read, understood and accepted the new Terms of Service shown.
By using the App, the User agrees to (including but not limited to):
Not to impersonate another individual on behalf of a third person (unless you have their express written permission);
Not to use the information in the App to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes;
Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the App;
Not to insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the App, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the App’s source code and/or to scrape or extract technical data from our App;
Not to use the App on behalf of third parties or use the App for commercial purposes.
Not to transfer the license granted to download, access and use the App and/or any of his/her rights or obligations under these Terms of Service without the express written consent of the Service Provider.
Not to breach our intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transfering (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents, without prior written authorisation.
Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of us or third parties.
Not to execute reverse engineer, decompile, disassemble or any other illicit practice, including circumvention, disable or otherwise interfere with security-related features of the App.
Remarks:
We make no warranties regarding the User behavior and will not be held responsible in this regard. The User is individually and solely responsible for his/her actions, before us and/or third parties, for damages caused by the inappropriate behavior.
We reserve the right to block or eliminate access to the App to Users for the aforementioned actions as well as any other that are contrary to good faith or that harm the rights of third parties and/or that infringe the laws and regulations applicable to the App.
We, in our sole discretion, may eliminate access to the App for a User at any time without stating the reasons behind its decision.
Users can access and use certain functionalities of the App without being charged with a fee nor implying any cost. However, Users have the option to use paid features and/or functionalities that the App offers, which are known as “premium services”. If the Users decide to use them, the App will display several subscription options (e.g., weekly, monthly, yearly) to cater to the diverse needs and preferences of the User.
This payment process is handled by the App Store (Apple) or Google Play Store (Google).
Remarks:
By subscribing to a plan, the User acknowledges and accepts the price and receipt of an automatic and recurring billing charge based on the chosen option.
The fee for the chosen subscription plan will be charged to the debit/credit card associated with their Apple/Google user account.
The subscription plan costs may vary depending on the country/state selected.
We reserve the right to update the types, conditions and price of the subscription plans offered, at any time, depending on our business objectives, strategy and needs, without prior notice to Users. Changes will be effective when published on the App.
The subscription plan will be automatically renewed at the end of the recurring billing period if the User does not cancel it (to avoid the charges, the User must cancel at least 24 hours before the end date of the current service period). The renewal will be for the same fixed-term period.
Bear in mind that directly removing the App from your device, does not imply the deactivation of the subscription plan.
If the User has requests in regards to the charges made, you must directly contact Apple/Google.
Refund requests will be exclusively handled by Apple/Google in accordance with its own rules and regulations. In the event that Apple/Google does not approve the refund request made by the user, no refund will be made by our Service. Apple/Google will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies.
For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.
If users and/or customers detect an error, or if their personal data or any information provided by them is not exact, correct or completed, they must amend it by accessing their Apple/Google user account directly. Likewise, if customers detect an error in the charges made on their bank statement for the costs of the Services options or premium service chosen, they also must directly contact Apple/Google.
The App itself and all the elements contained within this App, whether it be texts, articles, descriptions, trademarks, images, graphics, sounds, videos, brands, logos, copyright, database rights, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Service Provider or the partners with whom we have submitted the corresponding licenses. All the elements of the present App are protected by intellectual property rights that must be respected by the User.
The download and/or use of the App does not under any circumstance transfer our intellectual property rights to the User. The User is only granted access with a worldwide, limited, non-exclusive, non assignable, non-sublicensable, revocable license to access and use the app for his/her personal use. However, such a license does not give the User the right to and therefore should not attempt to:
Reproduce, copy, distribute, publicly communicate or display, transform, modify the App or our trademarks in any way or, in general, make use of any of the protected elements of this App for commercial purposes or not, without our prior written consent.
Extract the source code of the App.
Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.
We reserve the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that will be considered appropriate for the best defense of our legitimate rights and interests, in the event of an infringement of our intellectual property rights.
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 Service Provider 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.
Likewise, we will not assume any responsibility when:
Users under fourteen (14) years of age or under the required legal age access the App. It is the responsibility of their parents and/or legal guardians to exercise adequate control.
The User deletes his/her device content, having previously double checked and voluntarily consent to it, and even from its Cloud service. We 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 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.
By downloading and subscribing to the App, you acknowledge and accept that its content/services are made available to you immediately and, therefore, the withdrawal right that the applicable legislation recognizes to users (consumers) does not apply or is waived upon the commencement of the download/service, in accordance with EU Consumer Rights Directive guidelines for digital content.
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 Policy.
These Terms of Service shall be governed by and construed in accordance with the currently applicable laws of the Federal Republic of Germany. Any action arising out of or relating to these Terms of Service shall be filed only in courts or arbitration tribunals located in Hamburg, Germany and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals.
Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.