Terms of Use of Clean Sweep

Last Update: October 26, 2022

Introduction

This Application is provided by: Clean Sweep and Direct CPV Technologies Inc. (hereinafter referred to as “We” or “Us”)

“This Application” refers to

• applications for mobile, tablet, and other smart device systems;
• the Service;

We contribute to providing users with services of a photo and file cleaner application to assist users to find and delete duplicate and similar photos as well as duplicate files and videos.  The Application, at the sole discretion of the user, may allow the user to delete photos and files from their mobile device (hereinafter referred to as “Services”), on demand.  

Individuals or enterprises (hereinafter referred to as “You”, “Your”, or “Users”) shall thoroughly and carefully read the Terms of Use (hereinafter referred to as “Agreement”) before using or accessing our Services. While using our Services, You are deemed to have fully understood and accepted and are willing to abide by all of the following terms and conditions, and this Agreement shall become effective immediately between You and Us. If You disagree with this Agreement in whole or in part, You are entitled to terminate our Services at any time.

What You Should Know at a Glance

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.

PLEASE NOTE THAT some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

This Application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details, and c) termination notice can be found in the relevant section of these Terms.

Usage of this Application and the Service is age restricted, as detailed in the relevant section of this document.

The Service/this Application is only intended for Consumers.

Conditions of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this Policy.

By using this Application, You confirm to meet the following requirements:

• Users must qualify as Consumers;
• You must be older than 13;

Content In This Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned by the end user.  The Application is a photo and file cleaner application to assist users to find and delete duplicate and similar photos as well as duplicate files and videos. 

Access to external resources

Through this Application, You may have access to external resources provided by third parties. You acknowledge and accept that We have no control over such resources and are therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, in this Application, You may see advertisements provided by third parties. WE DO NOT control or moderate the advertisements displayed via this Application. If You click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

We are not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

You understand that it is your responsibility to keep your Clean Sweep account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.  Clean Sweep aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.  In order to protect the Services from being misused or used to harm someone, Clean Sweep reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that Clean Sweep may terminate your account or take any other legal measure provided by law, without providing a refund for Services already paid, if you misuse the Service.

TERMS AND CONDITIONS OF SALE 

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

Product Description

Prices, descriptions, or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, and sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing Process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• You must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, You may place the order by submitting it.

Order Submission

When You submit an order, the following applies:

• The submission of an order determines the contract conclusion and therefore creates for You the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires active input from You, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for You to cooperate accordingly.
• Upon submission of the order, You will receive a receipt confirming that the order has been received.

Prices

You are informed during the purchasing process and before order submission, about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged.

Prices on this Application are displayed excluding any applicable fees, taxes, and costs.

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Application.

All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fails or is refused by the payment service provider, We shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by You.

Retention of Usage Rights

YOU DO NOT acquire any rights to use the purchased Product until the total purchase price is received by Us.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.

Contract Duration

Subscriptions

Subscriptions allow You to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by us.

In order to maintain subscriptions, You must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by us and last for the subscription period chosen by You or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible, unless You renew the subscription by paying the relevant fee.

Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

Automatic Renewal

Subscriptions are automatically renewed through the payment method that You chose during purchase unless You cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or this Application.

The renewed subscription will last for a period equal to the original term.

You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to us using the contact details provided in this Policy, or — if applicable — by using the corresponding controls inside this Application.

Termination notice

If the notice of termination is received by us before the subscription renews, the termination shall take effect as soon as the current period is completed.

Termination of Open-ended Subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to us using the contact details provided in this Policy. Terminations shall take effect 7 days after the notice of termination has been received by us.

Refund Policy

Users can request refunds through the Google Play Store, which is issued solely at the discretion of Google Support.  Refunds are generally processed within two (2) weeks and are made to the original form of payment used for purchase. All refunds are sent in CAD and therefore the refund amount could differ from the amount originally paid in local currency.

User rights

Right of withdrawal

Unless exceptions apply, You may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. You can learn more about the withdrawal conditions within this section.

Who the right of withdrawal Applies To

Unless any applicable exception is mentioned below, You who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

YOU DO NOT fit this qualification, cannot benefit from the rights described in this section.

Exercising the Right of Withdrawal

To exercise your right of withdrawal, You must send to us an unequivocal statement of your intention to withdraw from the contract.

To this end, You may use the model withdrawal form available within the “definitions” section of this Policy. You are, however, free to express your intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, You must send the withdrawal notice before the withdrawal period expires.

When does the Withdrawal Period Expire?

Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into unless You have waived the withdrawal right.

Effects of Withdrawal

You who correctly withdraw from a contract will be reimbursed by us for all payments made to us, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by us, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which We are informed of your decision to withdraw from the contract. Unless otherwise agreed with You, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, You shall not incur any costs or fees as a result of such reimbursement.

On the Purchase of Services

Where you exercise the right of withdrawal after having requested that the service be performed before the withdrawal period expires, You shall pay Us an amount which is in proportion to the part of the service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time You withdraw, compared with the full coverage of the contract. 

Exceptions from the Right of Withdrawal

The right of withdrawal does not apply to contracts:

• for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;

Liability and Indemnification

EU Users

Indemnification

You agree to indemnify and hold Us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by You or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of Liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, You shall have no right to claim damages against us (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by You.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, We shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, We shall not be liable for:

• any loss of business opportunities and any other loss, even indirect, that may be incurred by You (such as but not limited to, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of this Application due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of us, such as but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications;
• any losses that are not the direct consequence of a breach of the Terms by us;

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right, or remedy which You may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at our sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Non-EU and Australian Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, We expressly disclaim all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and You shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

WE DO NOT warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and We shall not be a party to or in any way monitor any transaction between You and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. We cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states/provincies, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to You. This Agreement gives You specific legal rights, and You may also have other rights which vary from state to state or province to province. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to us hereunder in the preceding 12 months, or the period of duration of this agreement between You and us, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification
You agree to defend, indemnify and hold Us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from the User’s account, including third-party access with the User’s unique username, password, or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common provisions

No Waiver

Our failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, We reserve the right to interrupt the Service for maintenance, system updates, or any other changes, informing You appropriately.

Within the limits of the law, We may also decide to suspend or terminate the Service altogether. If the Service is terminated, We will cooperate with You to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside our reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service Reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without our express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their Personal Data, You may refer to the privacy policy of this Application.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application are the exclusive property of us or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of us or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

We reserve the right to amend or otherwise modify these Terms at any time. In such cases, We will appropriately inform You of these changes. Such changes will only affect the relationship with You in the future.

The continued use of the Service will signify your acceptance of the revised Terms. If YOU DO NOT wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.

If required by applicable law, We will specify the date by which the modified Terms will enter into force.

Assignment of Contract

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking your legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.

You may not assign or transfer their rights or obligations under these Terms in any way, without our written permission.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this Policy.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Non-EU Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between You and us with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to the such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing Law

These Terms are governed by the law of the following jurisdiction, without regard to conflict of laws principles and rules: British Columbia, Canada.

Exception for European Consumers

However, regardless of the above, if You qualify as a European Consumer and have Your habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of British Columbia, Canada.

Exception for European Consumers

The above does not apply to You that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable Dispute Resolution

You may bring any disputes to us who will try to resolve them amicably.

While your right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, You are kindly asked to contact us at the contact details provided in this Policy.

You may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to our email address specified in Privacy Policy.

We will process the complaint without undue delay and within 21 days of receiving it.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such a platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link: https://ec.europa.eu/consumers/odr