Last updated: Aug 18th 2023
1. INTRODUCTION
This Agreement, comprising of the Terms of Use and End User License Agreement (collectively referred to as the "Agreement"), along with all the associated documents mentioned within it, establishes a legally binding agreement between you as an individual ("you," "your," or "user") and Fluxion Tech Limited ("we," "us," or "our") regarding your access to and utilization of the mobile software application titled "Power Cleaner: Storage Manager" (referred to as the "App").
All documents related to the App are explicitly incorporated herein by reference.
Before downloading, installing, or using the App, we urge you to carefully read this Agreement.
It is crucial that you thoroughly comprehend and agree to this Agreement, as your download, installation, or use of the App signifies that you have read, understood, and accepted the terms of the Agreement. This Agreement takes effect on the date of your download, installation, or use of the App, and by utilizing the App, you consent to abide by this Agreement.
If you do not agree to (or accept) this Agreement, or if you disagree with any provision of this Agreement, you are not authorized to access, download, install, or use the App. In such a case, you must immediately cease downloading, installing the App, and delete it from any mobile device under your possession or control.
2. AGE REQUIREMENT
To download, install, access, or utilize the App, you must be eighteen (18) years of age or older.
For users who are minors according to the laws of their jurisdiction (typically under the age of 18), it is mandatory to obtain permission from their parent or guardian and be under their direct supervision to use the App. Therefore, if you are between the ages of thirteen (13) and seventeen (17) and intend to download, install, access, or use the App, you must fulfill the following requirements before proceeding:
(a) Ensure that your parent or guardian has read and agreed to this Agreement prior to your usage of the App. Obtain consent from your parent or guardian by confirming their understanding and agreement.
(b) Possess the legal capacity to enter into a binding contract with us and not be prohibited by any applicable laws from doing so.
Parents and guardians are responsible for directly supervising any usage of the App by minors.
3. General terms
This application is a utility program designed to enhance your device experience. The program contains many functions. The following functions contain our planning and vision. The following functions have been or will be completed in our program. This application allows you to search and delete screenshots, similar pictures, videos and other functions to manage media; helps you manage your contacts - merge, backup, delete them quickly and efficiently. You can also create a secret safe space to safely hide your private photos, videos and contacts. Also, you may have the opportunity to test the status and speed of your internet connection, add storage, battery and contacts widgets to your home screen, animate charging, and learn some tips on how to extend battery life.
This application is for your personal, non-commercial use only. You may use the App only for the purposes stated above.
4. PRIVACY POLICY
We place great importance on protecting your privacy. To ensure that you understand how we handle, use, and store information, including personal data, we have developed a Privacy Policy. By accessing the App and continuing to use the Services, you are considered to have accepted the Privacy Policy. This means that you acknowledge and agree to the ways in which we process your information, as well as the legal bases for processing as outlined in the Privacy Policy. It is important to note that we reserve the right to update the Privacy Policy periodically. If you disagree with any aspect of the Privacy Policy, you must immediately cease using the App and Services. We encourage you to carefully review our Privacy Policy at: https://sites.google.com/view/iclean-up-privacy-policy.
5. END USER LICENSE AGREEMENT
By using the App, you agree to respect our intellectual property rights, which include the App's source code, UI/UX design, content materials, copyrights, and trademarks (collectively referred to as "Intellectual Property Rights"), as well as those owned by third parties.
As long as you continue to use the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the App in accordance with this Agreement (the "License").
The source code, design, and content of the App, including information, photographs, illustrations, artwork, graphic materials, sounds, music, or videos (referred to as "works"), as well as names, logos, and trademarks (referred to as "means of individualization"), are protected by copyright laws, other relevant laws, and international treaties. They belong to us, our partners, and contracted third parties, as applicable.
In the event of any third-party claim that your possession and use of the App infringe their intellectual property rights, Apple will not be responsible for investigating, defending, settling, or resolving any such intellectual property infringement claim.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, in whole or in part, unless expressly permitted by us, our partners, or contracted third parties, as applicable.
All rights, title, and interest in the App, its content, works, means of individualization, and functionalities (1) exclusively belong to Fluxion Tech Limited, our partners, or contracted third parties, (2) are protected by applicable international and national laws, and (3) are not transferred or assigned to you, either in full or in part, within the context of this license.
6. Description of Other Rights & Restrictions
1). Limited Usage: You are strictly prohibited from renting, selling, leasing, sublicensing, distributing, assigning, or transferring any rights to the Apps in any way. This prohibition also extends to using the Apps for the benefit of a third party without prior approval from Fluxion Tech Limited. Furthermore, you may not make the Apps available on any network where multiple users can access them, unless explicitly authorized by the platform's terms. You agree not to use any automated or manual device or process, such as robots or spiders, to interfere with the proper functioning of our Apps, except for removing them from your own mobile device. Additionally, you undertake not to breach the security of our services or modify them in any way, including reverse-engineering, decompiling, disassembling, or tampering with them for any purpose. By using any Apps provided by Fluxion Tech Limited, you are not permitted to access, create, or modify the source code of those Applications.
2). Modification of App Features: We reserve the right to modify existing app features or functions. Once installed on your mobile device, these apps communicate with our servers regularly and may require updates when new versions or features are released. These updates can occur without notice, either all at once or over multiple sessions, to ensure you have access to the latest additions. You may be asked to consent to the most recent End User License Agreement before using any new versions of the Apps. Additionally, once updated or improved apps become available, we have the right to discontinue support for older versions without any obligation to make updates available. By accepting these terms, you ensure that your experience with our Apps remains up-to-date.
3). Hardware and Connectivity: To access and use the Apps, you are responsible for providing your own hardware, including equipment and internet connections. Depending on how you access an App (e.g., through a mobile network), charges may apply from your provider, including messaging, data, or other fees. Please note that any costs associated with accessing these apps are solely your responsibility. If your network provider does not allow the download, installation, or usage of certain Apps, it is possible that those Apps may not work on your device. Fluxion Tech Limited cannot guarantee the availability of their apps across different devices and wireless service plans. Additionally, Fluxion Tech Limited cannot verify if their App will be available in any particular language or location without prior verification.
4). Subscriptions & Cancellation
The App is provided free of charge, giving you access to its basic features upon download.
Access to certain services and additional features within the App ("Pro") may require In-App Purchases, including paid subscriptions. The complete list of Pro and their prices can be found on the App's page. During the free trial period, which is indicated on the signup screen, you may have the opportunity to try the Pro options. After the free trial period expires, an auto-renewing subscription will begin on a regular basis. Please note that unless you cancel your subscription at least 24 hours before the end of the free trial period, you will be automatically charged.
Payment will be charged to the payment method you provided at the time of purchase, either upon confirmation of purchase (after single-touch identification, facial recognition, or entering payment details on the web) or after the end of the trial period. By using the App, you authorize us to charge the applicable subscription fees to your payment method.
Canceling your subscription will still grant you access to the basic functions of the App, while the Premium options will be available throughout the entire free trial period.
Multiple subscription options are available, with prices indicated in the Information section on the App's page in the Apple App Store or on the App's web page. Prices are in U.S. dollars and may vary in countries outside the U.S. You will receive all the necessary information about your subscription plan and the duration of the free trial period on the signup screen before making the purchase.
Subscriptions with a free trial period will automatically renew into paid subscriptions. Any unused portion of a free trial period, if offered, will be forfeited upon purchasing a subscription. We reserve the right to modify, terminate, or amend our subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription period ends. For subscriptions made through the Apple App Store, you can disable the auto-renew option in your Apple ID Account Settings at least 24 hours before the current period ends. Payment will be charged to your Apple ID Account upon confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions made through the Apple App Store are managed by you.
Please note that if you purchased the subscription on the App's web page, you cannot control it through the Apple App Store. Instead, you may cancel your subscription through our support chat within the App or by contacting us via our support form. Be sure to cancel at least 24 hours before the trial period ends to avoid any unwanted charges.
Removing the App from your device does not deactivate your subscription.
You may incur charges from your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device. It is your responsibility to review the terms of agreement with your operator, which may include data roaming charges if used outside your home territory. Failure to pay the bills related to your mobile phone or tablet device implies that you have obtained permission from the responsible person before incurring any of these charges.
7. THIRD-PARTY PARTNERS:
Third-Party Services and Content: Our Apps may include integration, bundling, or provision of third-party services, advertising feeds, and content. When you install an App that incorporates these elements, they will be subject to the respective terms of service and privacy policies of the Third-Party Partners, typically found on their websites. Additionally, our Apps may provide access or links to partner websites or resources. Fluxion Tech Limited is not responsible for and does not endorse any content, advertising, products, or materials on third-party websites and resources. Therefore, Fluxion Tech Limited has no control over these external sites. You acknowledge that Fluxion Tech Limited assumes no responsibility or liability related to these external sources. By agreeing to these terms, you understand that Fluxion Tech Limited is not accountable or liable for any damages caused by the content of third-party websites. Furthermore, Fluxion Tech Limited has no responsibility for monitoring transactions between you and your Third-Party Partners.
As a user of our App, you may have access to third-party services and content. However, it's important to note that any content made available through the App, including data, links, articles, graphic or video messages, is the sole responsibility of the provider. By using an App, you understand that there may be content that is considered offensive or inappropriate in your region. You agree to accept any consequences associated with the use of such content and acknowledge that Fluxion Tech Limited is not liable for its content, including any errors or omissions by external entities, or for any loss or damage incurred as a result of the transmission or posting of such content through the App.
8. DISCLAIMER OF WARRANTIES
You acknowledge and agree that your use of the App and its services is solely at your own risk. The services and all materials, information, software, and content integrated in the App are provided "as is" and "as available." We make no warranties of any kind, whether express or implied, regarding the merchantability, technical compatibility, or fitness for a particular purpose of any service, product, or material provided under this agreement. We do not guarantee that the functions provided through the services will be available, uninterrupted, or error-free, that any defects will be corrected, or that the services or the servers making the services available are free from viruses or other harmful components. We do not guarantee the complete removal of all duplicate contacts, similar pictures, or screenshots from your device.
While we do not provide any guarantees for the proper functionality of the App, if you believe that the App does not meet your expectations, you may notify Apple, and Apple may refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses arising from any failure to conform to any warranty are also subject to the maximum extent permitted by applicable law.
9. LIMITATION OF LIABILITY
Under no circumstances shall we be liable for any damages, whether direct or indirect, arising out of or in connection with the App and the services provided by the App. We shall not be liable for any special, consequential, incidental, exemplary, or punitive damages, or for any loss of profit or revenues, even if we have been advised of the possibility of such damages. Additionally, we shall not be liable for any damages arising from or related to products, services, and/or information offered or provided by third parties accessed through the App or by any other means. You also should acknowledge that we are not liable for costs or damages arising from private or governmental legal actions related to your use of the App and its services in any country.
Please note that Apple is not responsible for addressing any claims you may have regarding the App or your possession and use of the App. This includes, but is not limited to: (i) claims related to product liability, (ii) claims that the App does not comply with any applicable legal or regulatory requirements, and (iii) claims arising under consumer protection, privacy, or similar legislation.
10. THIRD-PARTY BENEFICIARY
You acknowledge and agree that Apple, including its subsidiaries, is a third-party beneficiary of the present Agreement. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Apple has the right (and will be considered to have accepted the right) to enforce this Agreement as a third-party beneficiary.
11. GOVERNING LAW AND CLAIMS
Choice of law and forum: This Agreement is governed by and interpreted in accordance with the laws of the state of Florida, USA.
Disputes and claims: Any disputes, claims, suits, or actions between the parties arising from or related to this Agreement, whether contractual or otherwise, including performance or alleged breaches, shall be:
Governed by and construed in accordance with the laws of the state of Florida, USA, excluding its choice of law provisions.
Exclusively resolved by the courts of competent jurisdiction located in the state of Florida, USA, to the exclusion of other courts and jurisdictions.
App usage outside the USA: We do not guarantee the suitability or availability of the App for use outside the USA. Users who access or use the App from other jurisdictions do so at their own discretion and are responsible for complying with local laws.
Responsibility for usage outside the USA: If you choose to access or use the App from locations outside the United States, you are responsible for ensuring the legality of your actions in that country and complying with all applicable laws, regulations, and requirements.
Class Action Waiver: By resolving any dispute with us or seeking relief from us, you expressly waive the right to participate in or pursue class action lawsuits or proceedings.
Notice and dialogue for dispute resolution: In the event of any controversy, allegation, or claim (including non-contractual claims) related to the App, its Services, or this Agreement, both parties agree to send a written notice to each other, providing a reasonable description of the dispute and a proposed resolution. The notice should be sent to the most recent contact information available. Both parties will engage in a dialogue for a period of sixty (60) days from the date of notice, aiming to resolve the dispute. However, either party is not obligated to agree to a resolution that they are uncomfortable with, at their sole discretion.
12. TERMINATION
We retain the right to terminate this Agreement at our sole discretion, for any reason, at any time.
Upon termination:
(a) The rights and licenses granted to you under this Agreement will cease.
(b) You are required to discontinue all use of the App.
13. SEVERABILITY
If any provision of this Agreement becomes illegal, invalid, or unenforceable, it shall be interpreted in a manner that makes it legal, valid, and enforceable, or if that is not possible, it shall be removed. The remaining provisions of this Agreement shall remain in full force and effect.
You are not permitted to assign or transfer the contract between you and us to any other person.
14. CONTACT INFORMATION
We reserve the right to address user support requests. If you need to submit a support request or have any inquiries regarding this Agreement or the App, please send the email to us. Our email address is makwingkanlob@gmail.com .