《AI Cleaner User Agreement》
AI Cleaner User Agreement
Updated: October 12, 2024
In order to provide you with better services, please carefully read the AI Cleaner User Agreement (hereinafter referred to as "this Agreement"). This Agreement is a legal agreement between you (or "User") and Shanghai Shuangshen Information Technology Co., Ltd. (hereinafter referred to as "the Company" or "We") and/or its affiliated parties concerning the provision and acquisition, as well as the use of the "AI Cleaner" product (hereinafter referred to as "the Product" or "the App") and related services.
Before any attempt to use our services, please ensure to carefully read and fully understand all the contents of this Agreement and the various rules and regulations displayed in the Product, especially the clauses on exemption or limitation of liability, legal application and dispute resolution, as well as any separate agreements and/or rules for using specific services.
If you lack full legal capacity due to age, intellectual capacity, or other factors, please read and determine whether to agree to this Agreement under the accompaniment of your legal guardian (hereinafter referred to as "Guardian"), and pay special attention to the clauses regarding the use of minors. In addition to this Agreement, you must also comply with the laws of the country or region where you belong to and/or reside when entering or performing this Agreement.
By accessing or using the Product, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you may not be able to access the Product. These terms and conditions apply to all visitors, users, and other individuals who access or use this Product.
1. About Application Functionality
The App provides the User with cleaning functions for photos, videos, calendars, and contacts for personal, non-commercial use. The User can clean up photos, videos, calendars, and contacts as needed, such as removing duplicate photos and incomplete contacts. Please note that before deleting any content, the App will confirm the deletion with you to avoid accidental removal of any items.
The App requires an internet connection when first opened, but certain functions can be used offline later, so an internet connection is not always necessary. This feature enhances security when using the App. The Company reserves the right to update the App's features and/or functionalities at any time.
2. Access and Use of the Application
The App is designed for iOS operating systems and devices.
The User can download and/or use the App provided that he/ she is 14 years of age or older and/or is considered adult according to the laws and regulations of his/ her country of birth or residence.
Downloading and/or accessing the App is free of charge, and all cleaning-related functions are accessible upon download. Each User is entitled to a 7-day free trial period upon subscription, with the option to choose between a weekly subscription or a one-time lifetime payment model.
We strive to make the App available to users at all times and maintain a secure and error-free environment. However, we cannot guarantee that maintenance of the App will not be interrupted, delayed, or contain errors or omissions due to external reasons beyond our reasonable control.
We do not explicitly state that the App will be available globally. We may, at any time, restrict the availability of the App and/or specific features or functionalities to users in certain geographic locations. Accessing the App from unauthorized locations is solely at the User's own risk and responsibility.
3. Data Protection
Personal data collected for the purpose of providing the services offered by the App, as well as personal data obtained from your interactions with the App, will be processed according to the Company's Privacy and Cookie Policy.
Similarly, the User is informed that the Company has implemented appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and security of the personal data processed.
4. Updates
The Company is committed to ensuring that the App is available and efficient. Therefore, the Company reserves the right to make changes to the App, and may add, modify, or remove features and/or functionalities accepted by the User upon installation of the App for any reason at any time (however, without deleting or downgrading features that users have paid for). Regardless, the User will be notified of such changes through the same App.
If a new version of the App is released or new features and/or functionalities are added, we may recommend that you update the App on your electronic device. Similarly, before using the new version of the App, we may present the User with (and invite them to read) a newly updated version of this Agreement. By using the new version of the App, the User expressly indicate that he/ she has read, understood, and accepted the terms of the new Agreement presented.
5. User Commitments (Code of Conduct)
By using the App, the User agrees to the following (including but not limited to):
● Not to impersonate others on behalf of third parties (unless you have their explicit written permission);
● Not to use information from the App for illegal, deceptive, or fraudulent activities, or for unlawful or unauthorized purposes;
● Not to take any actions that interfere with or hinder the normal operation and/or may affect the availability, security, and/or integrity of the App;
● Not to insert and/or execute any elements that directly or indirectly interfere with, manipulate, and/or damage the App, particularly its source code expressions, commands, or codes. Similarly, the User agrees not to reverse engineer the software to discover the source code of the App and/or scrape or extract technical data from our App;
● Not to use the App on behalf of third parties or for commercial purposes;
● Not to transfer the license to download, access, and use the App and/or any rights or obligations under this Agreement without the explicit written consent of the Company;
● Not to infringe upon the intellectual property rights of the Company, including but not limited to using, modifying, creating derivative works, transferring (through sale, resale, licensing, sublicensing, downloading, or other means), copying, distributing, displaying, or disclosing any content from the App without prior written authorization from the Company;
● Not to infringe upon the intellectual property rights or other rights (trademarks, trade secrets, etc.) of the Company or third parties;
● Not to perform reverse engineering, decompilation, disassembly, or any other illegal practices, including circumventing, disabling, or otherwise interfering with the security-related functions of the App, and it is not even allowed to incorporate the App into other third-party services or websites through framing or mirroring;
● The Company makes no guarantees and assumes no responsibility for the User behavior. The User is solely responsible for damages caused to the Company and/or third parties due to his/ her improper actions.
For the User's actions mentioned above and any other actions that violate good faith or impair the rights of third parties and/or violate laws and regulations applicable to the App and/or the Company, the Company reserves the right to block or cancel the User's access to the App.
The Company may cancel the User's access to the App at any time and in its sole discretion, without stating the reasons behind its decision.
6. Payment
As mentioned above, if you choose to subscribe to services within the App, the fees will be deducted from the debit/credit card linked to your Apple account. Please note that notifications regarding fees may vary depending on the selected country if users change settings in their Apple account. Each country has its own fee setting. In any case, a confirmation email with payment details will be sent from Apple. Additionally, customers can check the charges on the invoice.
The Company reserves the right to change pricing, related fees, and terms at any time based on business objectives, strategies, and interests, without prior notice to users.
Prices for the App may be updated from time to time and will take effect immediately upon being published on the App. Updated fees will not be applied retroactively, thus having no effect on customers who have already paid for their subscription or service plans before the update.
The Company will provide users with reasonable advance notice of any changes to fees to give them the opportunity to terminate their subscription before the fee change takes effect.
7. Refund Policy
Refund requests will be exclusively processed by Apple according to its own rules and regulations. If Apple does not approve the User's refund request, the User acknowledges that the services provided by the Company are final and non-refundable. Therefore, no refund will be made by our Company for the discontinuation of the use of the Product.
Any attempt to discontinue the service and make a refund request when appropriate must directly contact Apple Support.
Please note that the management of the User's refund request solely lies with Apple, as he/ she is the only party authorized to approve or deny refunds and handle these requests. If a refund request is approved, Apple will determine the time frame for the User to receive the refund according to his/ her own policies, and thus the Company assumes no responsibility in this regard.
For more information on requesting a refund from Apple, please refer to the following link: https://support.apple.com/en-us/HT204084.
8. Intellectual Property Rights
The App itself, along with all elements it contains, whether text, articles, descriptions, trademarks, images, graphics, sounds, videos, brands, logos, copyrights, database rights, interactive functionalities, or any other elements, its structure and design, the selection and presentation of content and elements within it, as well as the software required for its operation, access, and use, are the property of the Company or its business partners who have obtained the corresponding licenses. All elements of the App are protected by intellectual property rights that must be respected by users. This has been clearly stated in the copyright notice on the homepage of the App's website.
Downloading and/or using the App does not, under any circumstance, transfer the Company's intellectual property rights to the User. The User is granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license worldwide solely to access and use the App for personal use. However, such license does not grant the User the following rights, and therefore, he/ she should not attempt to:
● Reproduce, copy, distribute, publicly communicate or display, transform, modify the App or our trademarks in any way, or use any protected element of the App for commercial or non-commercial purposes in general, without the prior written consent of the Company. You shall not attempt to extract the source code of the App. Any of the aforementioned actions are explicitly and completely prohibited and will result in the termination of the license granted to the user.
● Use the features and functionalities provided by the App for purposes other than those specified in this Agreement.
● Insert and/or execute expressions, commands, or codes that directly or indirectly interfere with, operate, and/or damage any element of the App, especially its source code.
Please note that the Company retains all intellectual property rights not explicitly stated in this Agreement and that accrue to us according to currently applicable laws and regulations.
The Company reserves the right to take any and all necessary legal actions, including direct and indirect damages, that it deems appropriate to best defend its legitimate rights and interests in cases of infringement of our intellectual property rights.
9. Exclusion of Liability
The Company endeavors to ensure the availability and secure use of the App to the fullest extent possible. However, the download and/or use of the App may be temporarily interrupted due to maintenance tasks and/or updates to its features and/or functionalities. Furthermore, we cannot guarantee that the maintenance of the App will not be interrupted, delayed, erroneous, or omitted due to reasons beyond our control, such as damage caused by illegal third-party intrusions. Therefore, the App is provided "as is" without any express or implied warranties, including but not limited to the warranty of fitness for a particular purpose; consequently, the risk and responsibility for downloading and/or using the App are borne solely by the User.
Accordingly, the Company, its partners, suppliers, employees, or representatives shall not be liable for any errors or omissions on the App or if the content and information provided by the App are used by the User or a third party for illegal purposes and/or cause damage to the reputation, rights, or legitimate interests of a third party or the Company.
Similarly, the Company shall not bear any liability in the following circumstances:
Use of the App by Users under 14 years of age or below the legal age according to the laws and regulations of their country of birth or residence. Their parents and/or legal guardians are responsible for adequately controlling their dependent children's or minors' mobile phone and/or internet activities or usage.
Provision of personal data of a third party by the User without the third party's prior written consent. In such cases, the Company's responsibility will be limited to deleting the improperly received information and personal data from its information systems.
Sharing of content by the User through the App that is not owned by them but belongs to a third party and is subject to corresponding intellectual property rights, without obtaining authorization for use. The User bears full responsibility for such infringement.
Sharing of content by the User through the App that is not owned by them or contains personal data and/or information of a third party. The User is solely responsible for obtaining the consent of the aforementioned third party and disclosing such information.
Content provided by third parties through our App, such as links that redirect Users to third-party websites or advertisements, is subject to the corresponding third-party privacy policies and terms of use. Taking this into account, when the User freely decides to use the App, they shall bear all responsibilities and risks on their own. For more information about collaborations with third parties, we recommend consulting their privacy policies.
Content uploaded to the App and subsequently shared cannot be used for commercial purposes. The User bears full responsibility for the content created using the App and its use outside the App.
Breach of the User's commitments and/or any other provisions stipulated in this Agreement.
10. Right of Withdrawal
By making the payment and downloading the App, you acknowledge and accept that its content/services will be immediately provided to you. Therefore, the right of withdrawal recognized by applicable law for Users (consumers) does not apply in this instance.
11. Severability
If any provision of this Agreement conflicts with any applicable laws, regulations, or Apple policies and is deemed unenforceable or invalid, such provision shall be modified and interpreted to achieve the objectives of the provision to the fullest extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.
12. Translation Interpretation
This Agreement may have been translated if We provide it to you. You agree that the original Chinese version shall prevail in the event of a dispute.
13. Applicable Law and Jurisdiction
This Agreement and the relationship between the User and the Company shall be governed by the laws of the People's Republic of China (for the purposes of this Agreement, excluding the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan), excluding its conflict of laws provisions. The User and the Company agree to submit to the exclusive personal jurisdiction of the courts of Xuhui District, Shanghai Province, to resolve any disputes or claims arising from or in connection with this Agreement.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
In no event shall the failure of the Company to exercise any right provided or arising from this Agreement be construed as a waiver of such right, unless such waiver is expressly made in writing by the Company in accordance with applicable laws or regulations or as otherwise required by law.