Effectiveness date: February 2023

General

The present Terms of Service explain the conditions and rules that govern the download and use of the application: Al Cleaner (hereinafter, “the App”), which is owned and operated by GRIMLAX TRADE, S.L., a private company holding TAX ID number B72634959, and its registered office at Calle Almogàvers 180 (08018, Barcelona, Spain) and contact email info@aicleaner.app (hereinafter, “the/our Company”), “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.

The Company reserves 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. 

The Company reserves 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: info@aicleaner.app.

About the App’s Functionalities 

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). Moreover, offers Users the ability to compress photographs and/or videos and even manage their battery by providing them with a set of tutorials and/or recommendations to save some battery, as well as a bunch of other several tips and recommendations for optimizing the cleaning process of their devices. 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.

To this regard, bear in mind that some features of the App work offline, so internet connection is not necessarily needed. This feature adds safety while using the App.

Please note that the Company reserves 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.

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 “Smart Cleaning” feature, which is a premium service, will require a fee. 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. 

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 of: (i) photographs and/or videos removal per day; (ii) contacts removal and/or merges per day; (iii) events removal per day.

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. For further information, check our “Costs'' section.

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.

Updates

The Company is committed to ensure that the App is as useful and efficient as possible. For that reason, the Company reserves the right to make changes to the App and the Company 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.

User Commitments (Code of conduct)

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 Company.  

- Not to breach the Company’s 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 of this website, without prior written authorisation from the Company.

- Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of the Company 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 nor even is allowed to include the App into another third party service or website to make it available via framing or mirrors;

The Company makes 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 the Company and/or third parties, for damages caused by the inappropriate behavior. 

The Company reserves 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 and/or the Company. 

Moreover, the Company, in its sole discretion, may eliminate access to the App for a User at any time without stating the reasons behind its decision. 

Subscription to Premium Services and Payment  

As said, Users can use 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, a pop up will be displayed showing them a breakdown concerning the payment details of the chosen subscription plan, before accessing to the checkout payment page and before confirming said payment. 

Please note that, the above mentioned pop up may appear as well on a few several occasions more, including but not limited to, when the User accesses the App for the first time, or when they click the pro banner placed in different sections of the App.

Having said that, the fee for the chosen subscription plan will be charged to the debit/credit card associated with their Apple user account. Please be informed that if the User changes their settings in his/her Apple account, the notified fees may vary depending on the country selected. Each country has its own fees. In any case, a confirmation email will be sent to Customers with their payment details Additionally, Customers can check the cost in their invoice.

In addition, several subscription plans can be invoiced: weekly, monthly or yearly, depending on the User’s free choice. Bear in mind that said subscription plans may vary according to business interests without prior notice needed. Under no circumstance such changes will not affect customers negatively. Note that some subscription plans will have an initial trial fee, and this information will be displayed to the User before proceeding the purchase of a subscription plan. In this sense, if the user does not cancel the subscription plan before the initial trial period elapses, they will automatically be charged for the Services offered. 

Moreover, note that the Company also reserves the right to, without previous notice to users and/or customers, vary the costs of the subscription plans and their corresponding initial trial fees and periods, at any time according to business goals, strategy and interests.

The premium service selected by the User will be automatically renewed at the end of the service 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. Please note that, depending on your operating system, uninstalling the application without previously canceling the subscription might not imply the cancellation of the subscription chosen. Please refer to the “Cancellation and Refund Policy” section of these Terms of Service.

The premium services fees may be updated from time-to-time and they will be effective immediately at the same time that they are published on the App. The updated fees are not retroactive and therefore will not affect Customers who have already paid for a plan before the update.

Please note that, if the user decides to cancel his/her premium subscription plan, he/she will still have access to the free features of the App. Whatsmore, he/she will still have access to the premium service features until the period elapses. To this regard, bear in mind that directly removing the App from your device, does not imply the deactivation of the premium service subscription plan.

Refund Policy 

Refund requests will be exclusively handled by Apple in accordance with its own rules and regulations. In the event that Apple does not approve the refund request made by the user, they acknowledge that the service offered by our Company is final and non-refundable. Therefore, no refund will be made by our Company for discontinuation of the use of the service to which the user had subscribed to.

On one hand, uninstalling the App, in general terms, does not automatically stop the premium service selected. To cancel a subscription, the User should directly visit the App Store or IOS Phone or tablet and select the "Subscriptions" section from the menu, click on the "Cancel Subscription" button and follow the on-screen instructions. 

On the other hand, if the User desires to stop the premium services option selected and, where appropriate, makes a refund request, you shall contact Apple support for it. Please note that it's Apple’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve them or deny them and to handle them support within the process. Moreover, they 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, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.

Technical Means for Correcting Errors

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 user account directly. 

Likewise, if customers detect an error in the charges made by the Merchant of Records on their bank statement for the costs of the Services options or premium service chosen, they also must directly contact Apple. 

Intellectual Property Rights 

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 Company or the partners of the Company 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. This is made explicit via the copyright notice in the App’s website homepage.

The download and/or use of the App does not under any circumstance transfer the Company’s 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 the Company’s prior written consent. You are not allowed to and therefore not attempt to 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.

- Use of the features and functionalities offered by the App for other purposes other than those set out in these Terms of Service.

- Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this App, especially its source code.

Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service and that correspond to us in accordance with the currently applicable laws and regulations. 

The Company reserves 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.

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.

Withdrawal Right

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. 

Applicable law and jurisdiction

These Terms of Service shall be governed by and construed in accordance with the currently applicable Spanish law. Any action arising out of or relating to these Terms of Service shall be filed only in courts or arbitration tribunals located in Spain and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding.

In case of controversy or disagreement between the user and the Company arising from these Terms of Service, both parties agree to submit their disputes through binding arbitration. The Parties, at their own free will, expressly waive any other jurisdiction to which they may be entitled to under international private law principles, to the competent Courts and Tribunals of Barcelona - Spain. 

The non-exercise by the Company of any right provided or derived from these Terms of Service shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the current applicable law or regulation.