Terms of Use

General

The present Terms of Service explain the conditions and rules that govern the download and use of the application: iTop AI Cleaner for iPhone (hereinafter, “the App”), which is owned and operated by iTop Inc., its registered office at 6500 River Place Blvd, Building 7, Suites 250, Austin, Texas 78730, United States, and contact email: tickets@itopvpn.com (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 that the User periodically review the applicable Terms of Service.

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 that the User periodically review the applicable 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: tickets@itopvpn.com

About the App’s Functionalities

The App consists of 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).

The Apps may offer additional functionalities such as (by way of example, but not limited to):

The ability to compress photographs and/or videos, and even Other tips and recommendations for optimizing the cleaning process of their devices.

Remarks:

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. Some features of the App work offline, so an internet connection is not necessarily needed for such functionalities.

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 Android and iOS operating systems and devices.
To download and/or use the App, the User must be an adult according to the laws and regulations of their country of birth or residence.
If the User subscribes to the App through the process indicated in these Terms of Service, the User may be given access through platforms such as, but not limited to iOS, Android, and a website.
To download the Apps and/or access certain functionalities of the App, the User must ensure to have an Internet connection.
The download and/or access to the App is free of charge, as well as some features, such as (by way of example, but not limited to), 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 desires to use the “Smart Cleaning” feature or any other paid functionalities, 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. If the User decides to pay for a subscription plan regarding a premium service, 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.

Remarks:

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.

Updates

The Company is committed to ensuring 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 with 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 not to 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 its 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, transferring (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 is it allowed to include the App in another third-party service or website to make it available via framing or mirrors.

Remarks:

The Company makes no warranties regarding the User's 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.
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 access and use certain functionalities of the App without being charged a fee or incurring 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, the App will display several subscription options from weekly to yearly subscriptions to cater to the diverse needs and preferences of the users.

This payment process may involve other third-party technical payment platforms where the User will be asked for payment details.

Remarks:

By subscribing to a plan, the User acknowledges and accepts the price and receipt of an automatic and recurring billing charge based on the chosen option.
The fee for the chosen subscription plan will be charged to the debit/credit card associated with their Apple/Google user account.
The subscription plan costs may vary depending on the country/state selected.
The Company reserves the right to update the types, conditions, and price of the subscription plans offered at any time, depending on its business objectives, strategy, and needs, without prior notice to Users. Changes will be effective when published on the App.
The subscription plan will be automatically renewed at the end of the recurring billing 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. Bear in mind that directly removing the App from your device does not imply the deactivation of the subscription plan.
If the User has requests in regards to the charges made, you must directly contact Apple/Google.
If recurring billing cannot be processed correctly, the Company reserves the right to either interrupt and/or block the User’s access to the App without prior notice. Therefore, the User shall ensure that its payment method is active and/or that it has sufficient funds for charging the subscription price.
Another of the options provided to the User is the possibility of making the payment through the website in order to subscribe to the App. In this case, the User will be redirected to a direct website to make the corresponding payment.

Refund Policy

the user, no refund will be made by our Company. Apple/Google 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.

In the same sense, no refund will be made by our Company for discontinuation of the use of the Service to which the user had subscribed.

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

For further information regarding a refund request to Google, check the following link:
https://support.google.com/googleplay/answer/2479637?hl=en

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 complete, they must amend it by accessing their Apple/Google 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 the premium service chosen, they also must directly contact Apple/Google.

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 on the App’s website homepage.

The download and/or use of the App does not under any circumstances 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 is 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 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.

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 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 does not have their authorization to use. They are solely responsible for such infringement.
The User deletes his/her device content, having previously double checked and voluntarily consented to it, and even from its Cloud service. The Company will not be held responsible under any circumstances for its failure to restore the lost content because of the User's negligence or error.
The User shares through the App content that is not of their ownership, or that includes third parties' personal data and/or information. They are solely responsible for obtaining the consent of said third party/ies and for the disclosure of the above-mentioned information.
The content that could be provided by third parties through our application, such as links that can redirect users to third-party 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 for 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.

hdrawal 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.

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 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.

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 to binding arbitration. The Parties, at their own free will, expressly waive any other jurisdiction to which they may be entitled under international private law principles, to the competent Courts and Tribunals of Texas, United States.

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.