Terms of Use and End User License Agreement
  1. INTRODUCTION
  2. These Terms of Use and End User License Agreement (collectively, the "Agreement") constitute a legally binding agreement between you as a natural person ("you", "your" or "user") and MobiSharnam Technologies ("we," "us" or "our") regarding your access to and use of the "Express Clean - AI Cleaner Kit" software application for iOS devices (the "App"). The App's title may vary in different countries and is subject to change without specific notice. Please read this Agreement carefully before you download, install, or use the App. By downloading, installing, or using the App, you indicate that you have read, understood, and agreed to be bound by this Agreement, which takes effect on the date of your download, installation, or use of the App. If you do not agree with or accept this Agreement, or any of its provisions, you are not authorized to access, download, install, or use the App, and you must promptly discontinue downloading, installing, and remove the App from any iOS device in your possession or under your control.

  3. CHANGES TO THIS AGREEMENT
  4. We reserve the right to make changes or modifications to this Agreement at any time and for any reason at our sole discretion. We will notify you of any changes by updating this Agreement, and it is your responsibility to review the updated Agreement periodically. By continuing to use the App after the updated Agreement is posted, you are deemed to have accepted the changes.

  5. RESTRICTIONS ON WHO CAN USE THE APP
  6. To download, install, access, or use the App, you must be eighteen (18) years of age or older. If you are a minor (generally under the age of 18) in your jurisdiction, you must have the permission and direct supervision of your parent or guardian to use the App. If you are between thirteen (13) and seventeen (17) years old and wish to use the App, you must ensure that your parent or guardian has read, agreed to, and provided consent to this Agreement before using the App. Additionally, you must have the legal capacity to enter into a binding contract with us and comply with applicable laws. Parents and guardians must directly supervise any use of the App by minors. Persons under the age of thirteen (13) are not permitted to download, install, access, or use the App. By using the App, you affirm that you are either more than eighteen (18) years of age, an emancipated minor, or possess legal parental or guardian consent, and you are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

  7. GENERAL TERMS
  8. The Express Clean - AI Cleaner Kit App is a utility program designed to enhance your iOS device experience. The App allows you to search and delete screenshots, similar pictures, Live Photos, burst photos, and videos. You can organize your contacts, merge, back up, and remove them quickly and effectively. The App also provides a secret safe space to securely store private photos, videos, and contacts. Additionally, it offers features such as testing your internet connection speed, adding storage, battery, and contact widgets to your home screen, setting a charging animation, and providing tips to extend your battery life. For a full list of features, please refer to the App's description on the App Store. The App is intended for personal non-commercial use only. You shall use the App solely for the purposes mentioned above.

  9. PRIVACY POLICY
  10. We value your privacy and have developed a Privacy Policy to explain how we process, use, and store information, including personal data. Your access to the App and use of its services are subject to the Privacy Policy. By accessing the App and continuing to use its services, you are deemed to have accepted the Privacy Policy and acknowledged the ways we process your information as described in the Privacy Policy. We reserve the right to amend the Privacy Policy, and if you disagree with any part of it, you must stop using the App and its services. Please read our Privacy Policy carefully [insert link to the Privacy Policy].

  11. END USER LICENSE AGREEMENT
  12. By using the App, you agree to respect our intellectual property rights and those owned by third parties. You acknowledge that the App's source code, UI/UX design, content material, copyright, and trademarks (referred to as "Intellectual Property Rights") are protected by applicable copyright laws and other relevant laws and/or international treaties. These Intellectual Property Rights belong to us, our partners, and/or contracted third parties. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the App pursuant to this Agreement (the "License"). The App's content, works, and means of individualization, including information, photographs, illustrations, artwork, graphic materials, sounds, music, videos, names, logos, and trademarks, are protected by copyright laws and other applicable laws. Without express permission from us, our partners, or contracted third parties, you may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the works and means of individualization. All rights, title, and interest in and to the App, its content, works, means of individualization, and functionalities remain the exclusive property of Mobisharnam Technologies, our partners, and/or contracted third parties. These rights are protected by applicable international and national legal provisions and are not transferred to you in full or in part under this license. We reserve the right to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned in the App may be trademarks of their respective owners

  13. PROHIBITED BEHAVIOR
  14. You agree not to use the App in any way that: is unlawful, illegal, or unauthorized; is defamatory of any other person; is obscene or offensive; infringes any copyright, database right, or trademark of any other person; advocates, promotes, or assists any unlawful act, such as copyright infringement or computer misuse. You shall not make the App available to any third parties. Additionally, you shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works from the App or any documentation related to the App. You shall not transfer, lend, rent, lease, distribute, or use the App for providing services to a third party, or grant any rights to the App or its documentation to a third party. Misuse of trademarks or any other content displayed in the App is prohibited. You shall not copy, duplicate, distribute, publish, or use any content within the App that would violate our Intellectual Property Rights. Furthermore, you shall not attempt to use the App or any part thereof for malicious purposes. We are not responsible for the way you use the App. If you violate this Agreement, we may take legal measures available to us under applicable laws.

  15. AVAILABILITY OF THE APP, SECURITY, AND ACCURACY
  16. To use the App, you must have a compatible iOS device and internet access. The App is available for download and installation on iOS devices running iOS 14.0 or later. We do not warrant that the App will be compatible with all hardware and software you may use. We make no warranty that your access to the App will be uninterrupted, timely, or error-free. Apple has no obligation to provide maintenance and support services for the App. You acknowledge that the App is provided over the internet and mobile networks, and its quality and availability may be affected by factors beyond our control. We may change or update the App and its features without notice. In certain circumstances, we may suspend access to the App or close it indefinitely. You are responsible for providing accurate and up-to-date information to us, and you agree to do so. You can discontinue using our services and uninstall the App at any time.

  17. CHARGES
  18. The App is provided free of charge. Basic features are available upon downloading the App. Access to premium services and additional features ("Premium options") within the App may require In-App Purchases, including paid subscriptions. The full list of Premium options and pricing is provided on the App's page. You may have the opportunity to try Premium options during a free trial period, after which an auto-renewing subscription will begin unless canceled at least 24 hours before the trial period ends. Payment will be charged to the payment method you provided at the time of purchase or after the trial period ends. By using the App, you authorize us to charge the applicable subscription fees to your payment method. Cancellation of the subscription will still grant access to basic App functions. Premium options are available during the free trial period. Different subscription options and pricing may be available. Please refer to the App's page in the Apple App Store for detailed information. Prices are in U.S. dollars and may vary in different countries. You will have all necessary information about your subscription plan and the duration of the free trial period before making a purchase. Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period 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 automatically renew within 24 hours before the current subscription period ends. The auto-renewal option can be turned off in your Apple ID Account Settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID Account at the time of purchase confirmation. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions made through the Apple App Store are managed by you. If you have purchased the subscription on the App's website, you can cancel it via our support chat or contact us through our support form. To prevent unwanted charges, cancel at least 24 hours before the trial period ends. Note that uninstalling the App does not deactivate your subscription. You may be charged by your communications service provider for downloading or accessing the App on your iOS device. Check the terms of agreement with your operator, including data roaming charges if applicable. You are solely responsible for these charges.

  19. THIRD PARTY WEBSITES AND RESOURCES
  20. The App may contain links to third-party websites or utilize services provided by contracted third parties. We have no control over the content of such websites or the services provided by third parties, and we accept no responsibility for them. Links and third-party services are provided for your convenience only, and we make no warranty, express or implied, regarding the information provided by them. You must comply with any applicable third-party terms of agreement when using the App. You are solely responsible for your use of any third-party websites or resources. Any queries, concerns, or complaints regarding third-party websites or services should be directed to the respective operators.

  21. DISCLAIMER OF WARRANTIES
  22. YOUR USE OF THE APP AND ITS SERVICES IS AT YOUR OWN RISK. THE APP, MATERIALS, INFORMATION, SOFTWARE, AND CONTENT INTEGRATED IN THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TECHNICAL COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF OTHERS' RIGHTS. WE DO NOT WARRANT THAT THE APP'S FUNCTIONS WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE REMOVAL OF ALL DUPLICATE CONTACTS, SIMILAR PICTURES, OR SCREENSHOTS ON YOUR DEVICE. If the App does not meet your expectations, you may notify Apple, and they may refund the purchase price for the App. Apple will have no other warranty obligations with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses related to the App will be your responsibility.

  23. LIMITATION OF LIABILITY
  24. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE APP AND THE SERVICES PROVIDED BY THE APP. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS OR REVENUES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED TO PRODUCTS, SERVICES, AND INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES THROUGH THE APP. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING FROM LEGAL ACTIONS RELATED TO YOUR USE OF THE APP AND ITS SERVICES IN ANY COUNTRY. Apple is not responsible for addressing any claims, liabilities, or damages arising from your use of the App or your possession of the App.

  25. LEGAL COMPLIANCE
  26. You represent and warrant that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country. You are not listed on any U.S. Government list of prohibited or restricted parties.

  27. THIRD PARTY BENEFICIARY
  28. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. By accepting the terms and conditions of this Agreement, Apple has the right to enforce this Agreement as a third-party beneficiary.

  29. GOVERNING LAW AND CLAIMS
  30. This Agreement shall be governed by and construed in accordance with the laws of California, USA, excluding its choice of law provisions. All disputes and claims arising out of or related to this Agreement, including its performance and alleged breaches, shall be exclusively decided by the courts of competent jurisdiction in California, USA. The parties submit to the exclusive jurisdiction of these courts. We make no representations that the App is appropriate or available for use outside the USA. If you access or use the App from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws. By using the App, you agree to waive the right to pursue or participate in any class action lawsuits or proceedings. If a dispute arises, you and we agree to attempt to resolve it through dialogue for a period of sixty (60) days before pursuing any legal action.

  31. TERMINATION
  32. We reserve the right to terminate this Agreement at any time, at our sole discretion and for any reason. Upon termination, your rights and licenses granted under this Agreement will cease, and you must stop using the App.

  33. SEVERABILITY
  34. If any provision of this Agreement is illegal, invalid, or unenforceable, it shall be narrowly construed to make it legal, valid, and enforceable. If this is not possible, the provision shall be deleted. The remaining provisions of this Agreement will continue to apply. You shall not assign or transfer the contract between you and us to any other person.

  35. CONTACT INFORMATION
  36. For support requests or any questions regarding this Agreement or the App, please contact us using our support form.