Terms of use
Last updated: Feb 03, 2023
The following Terms of Use (“Terms”) apply when you use the Smarter Cleanapp (the “App”) or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.” Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
1. About The App
The App allows users to remove duplicate& similar photos,videos,live photos,contacts, large video or photo files, and backup contacts. (“User Content”).
2. Paid Services
2.1 Subscriptions
Subscription provides access to dynamic content or services from within this Product on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in this Product (“Subscription Period”). Payment will be taken from Your iTunes account when You confirm the Subscription by available confirmation tools of this Product.2.2 Trial
Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in this Product. If you do not cancel the Subscription within such period, Subscription fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the 3 days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. We cannot cancel your free-trial subscription if it has already been activated.2.3 Auto-renew
Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from Your iTunes account during 24 hours preceding the expiry of the current Subscription.2.4 Cancel subscriptions
Once you have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your iTunes account setting. You cannot cancel Your current Subscription if it has already been activated. If you properly terminate your paid subscription, you will not be charged for future weeks (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid.2.5 We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount. You acknowledge that if you elect to purchase a subscription your subscription is subject to automatic renewals and you hereby consent to and accept responsibility for all recurring charges to your applicable payment based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if applicable tax rates change or if the fees (including our fees and credit card handling fees) have been increased.
3. You agree not to engage in any of the following prohibited activities:
a. copying, distributing, or disclosing any part of Smarter CleanService in any medium, including without limitation by any automated or non-automated “scraping”;
b. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Smarter CleanService in a manner that sends more request messages to the Smarter Cleanservers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
c. transmitting spam, chain letters, or other unsolicited email;
d. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running Smarter CleanService;
e. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
f. uploading invalid data, viruses, worms, or other software agents through Smarter CleanService;
g. collecting or harvesting any personally identifiable information, including account names, from Smarter Clean Service;
h. using Smarter Clean Service for any commercial solicitation purposes;
i. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
j. interfering with the proper working of Smarter Clean Service;
k. accessing any content on Smarter Clean Service through any technology or means other than those provided or authorized by Smarter Clean Service;
l. bypassing the measures we may use to prevent or restrict access to Smarter Clean Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Smarter Clean Service or the content therein.
We may, without prior notice, change Smarter Clean Service; stop providing Smarter Clean Service or features of Smarter Clean Service, to you or to users generally; or create usage limits for Smarter Clean Service. We may permanently or temporarily terminate or suspend your access to Smarter Clean Service (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
4. Smarter Clean Content
Smarter Clean Service contain Content owned by Smarter Clean and its licensors (collectively the “Smarter Clean Content”). Smarter Clean Content is protected by copyright, trademark, patent, trade secret and other laws, and Smarter Clean and its licensors own and retain all rights in the Smarter Clean Content and Smarter Clean owns and retains all interest and rights in and to Smarter Clean Service. Smarter Clean hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the Smarter Clean Content (excluding any software code) for your non-commercial personal use solely in connection with your use of Smarter Clean Service. This means that you can make your own Content that uses certain Smarter Clean Content (e.g., templates) and use it for non-commercial purposes, but you may not use the templates specifically (or frames or other Smarter Clean Content) in other programs or applications.
Certain Smarter Clean Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such Smarter Clean Content is restricted to the purchase and sale of a license to such Smarter Clean Content, and shall not convey ownership of any such Smarter Clean Content or intellectual property rights to you.
5. Disclaimer of warranties
Smarter Clean service and Smarter Clean content are provided on and “as is,” “as available” and “with all faults” basis. To the fullest extent permissible by law, Smarter Clean makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) Smarter Clean service; (b) the Smarter Clean content; user content; or (d) security associated with the transmission of information to Smarter Clean or via Smarter Clean service. Smarter Clean hereby disclaims all warranties, express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and satisfactory purpose.
Smarter Clean does not represent or warrant that Smarter Clean service will be error-free, uninterrupted, or secure; that user content marked as private will not become public; that defects will be corrected; or that Smarter Clean service are free from any harmful components, including, without limitation, viruses. Smarter Clean does not make any representations or warranties that the content (including any user content or Smarter Clean content) available on or through Smarter Clean service is accurate, complete, or useful. You acknowledge that your use of Smarter Clean service is at your sole risk. Smarter Clean does not warrant that your use of Smarter Clean service is lawful in any particular jurisdiction, and Smarter Clean specifically disclaims such warranties.
you specifically acknowledge that Smarter Clean does not endorse any user content or other third party content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character arising or resulting from any content (including, without limitation, user content), interactions between users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
6. Limitation of liability
in no event shall Smarter Clean, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. you specifically acknowledge that Smarter Clean shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
7. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Phone Cleaner, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your Use of and access to this Product and associated services;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of Smarter Clean Service.
8. Miscellaneous Terms
(i) The Smarter Clean Privacy Policy shall be an integral part of this Agreement and Smarter Clean shall have the right to amend the terms of this Agreement and/or the relevant terms when necessary.
(ii) If you continue to use this service after the terms of this Agreement are changed, you shall be deemed to have accepted the amended Agreement. If you do not agree to the changes or additions, you have the right to terminate this Agreement and discontinue the use of this Product.
(iii) If some terms of this Agreement are invalid or unenforceable for whatever reason, the remaining provisions shall still be valid and legally binding on you and Smarter Clean.
9. Contact us
If you have any comments or suggestions on any provision of this Agreement, please contact our at any time. E-mail address is: [email protected].