1. Introduction and Acceptance of Terms
1.1 The Agreement
This Terms of Service (the "Agreement") constitutes a legally binding contract between you ("you," "your," or "user") and mscmn2k ("we," "us," or "our"). This Agreement governs your access to and use of our mobile application, ByteClean: AI Storage Cleaner (the "App"), and all related services (collectively, the "Services").
1.2 Binding Agreement
By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by all terms of this Agreement. If you do not agree with these terms, you are not permitted to use the Services and must immediately uninstall the App.
1.3 Incorporated Privacy Policy
Your use of the Services is also governed by our Privacy Policy. The applicable Privacy Policy is made available on our website and within the App and is incorporated into this Agreement by reference. The Privacy Policy provides a detailed explanation of our data practices, including how we handle your photos, videos, and other User Content.
2. The Services
Our App provides a comprehensive suite of storage cleaning and photo management tools. Currently, the application provides core functionalities including AI-powered cleaning tools (such as Similar Photo detection, Duplicate Photo detection, and AI Enhance Image; Similar Photo and Duplicate Photo detection are processed entirely on your device, while AI Enhance Image uses cloud-based processing as described in our Privacy Policy). It also features Storage Cleaner for junk and cache file removal, media browsing tools covering Videos and Screen Recording, a Swipe-based sorting interface for quick review, Media Compressor for reducing photo and video file sizes, and Secret Space for private file storage. We reserve the right to modify, update, or discontinue certain features of the Services at our sole discretion.
3. Subscriptions and In-App Purchases
3.1 Available Purchases
The App may offer optional subscriptions and one-time in-app purchases ("Purchases") that unlock premium features. The price, duration, and content of each Purchase are disclosed to you within the App, through the Google Play Store, before you confirm payment.
3.2 Billing and Auto-Renewal
All Purchases are billed through Google Play Billing. Subscriptions automatically renew for the same duration and at the then-current price unless you cancel at least 24 hours before the end of the current billing period. Your Google Play account will be charged for renewal within 24 hours prior to the end of the current period.
3.3 Free Trials
If a subscription is offered with a free trial, any unused portion of the trial period is forfeited once you purchase a subscription, and your payment method will be charged automatically at the end of the trial unless you cancel before it ends.
3.4 Cancellation
You may cancel a subscription at any time through your Google Play account settings. Cancellation takes effect at the end of the current billing period; we do not provide prorated refunds for the unused portion of a billing period.
3.5 Refunds
Refunds, where available, are handled directly by Google Play in accordance with its own refund policy. We do not directly process refunds for Purchases made through the Google Play Store.
3.6 Price Changes
We may change the price of a subscription from time to time. Any price change will apply to you no earlier than your next renewal after we provide notice of the change, as required by applicable law and Google Play policy.
4. User-Generated Content
The Services allow you to access, scan, and process your own existing content, such as photos and videos, that are stored on your device ("User Content").
4.1 Ownership
You retain all ownership rights to your User Content, including any enhanced or modified version produced through AI Enhance Image.
4.2 Limited License to Us
To operate the App's features, you grant us a limited, non-exclusive license for the App software to access and process your User Content, including (where you use AI Enhance Image) transmitting the specific image you select to our third-party AI provider as described in our Privacy Policy, strictly for the purpose of delivering the requested cleaning and enhancement functionalities. This license does not grant us any right to store, reproduce, or otherwise use copies of your User Content beyond what is necessary to deliver the feature you requested.
4.3 Your Responsibility
You are solely responsible for your User Content. You represent and warrant that:
- You own the User Content or have all necessary rights, licenses, and permissions to use it within the App.
- Your User Content does not and will not infringe upon, misappropriate, or violate any third party's rights, including but not limited to copyright, trademark, patent, trade secret, or privacy rights.
4.4 AI Features
You represent and warrant that your User Content does not depict any minor in an exploitative or unlawful manner and does not include non-consensual imagery of any real individual, consistent with the prohibitions set out in Section 6 (Acceptable Use and Prohibited Conduct).
5. License to Use the App
5.1 Grant of License
Subject to your strict compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the App for your personal, non-commercial purposes on a mobile device that you own or control.
5.2 License Restrictions
Under this license, you agree not to:
- Copy, modify, reverse-engineer, decompile, disassemble, or create derivative works based on the App.
- Rent, lease, sell, redistribute, or sublicense the App.
- Use the App for any commercial purpose without our express prior written consent.
- Circumvent any technological measure implemented to protect the App or its content.
6. Acceptable Use and Prohibited Conduct
Your permission to use the Services is contingent on your agreement not to use them for any purpose that is unlawful or prohibited by this Agreement. You explicitly agree not to:
- Process, or use the Services to manage any content that is illegal, fraudulent, defamatory, obscene, or otherwise offensive.
- Process content that infringes upon the intellectual property or other rights of any party.
- Use the Services to harass, abuse, or harm another person, or to create content that promotes discrimination, bigotry, racism, or hatred.
- Transmit any viruses, worms, or any items of a destructive nature.
- Attempt to gain unauthorized access to our systems or disrupt the integrity of the Services.
7. Intellectual Property
Excluding your User Content, all rights, title, and interest in and to the Services, including the App's source code, design, graphics, features, and trademarks ("Our Intellectual Property"), are the exclusive property of mscmn2k and its licensors. This Agreement does not grant you any ownership rights to Our Intellectual Property.
8. Third-Party Links and Services
8.1 Advertisements
Our App is often provided free of charge and supported by advertisements. These ads are delivered by our third-party advertising partners and may link to third-party websites or services.
8.2 No Endorsement
We do not endorse and are not responsible for any third-party sites, information, or services. If you access a third-party service, you do so at your own risk.
9. Disclaimers and Limitation of Liability
9.1 "AS IS" Service
The App and all related Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, secure, accurate, or error-free.
9.2 AI Content Disclaimer
We make no warranties regarding the final edited content. You agree to use the Services at your own risk and are responsible for reviewing the output for appropriateness.
9.3 Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall we, our affiliates, directors, or employees be liable for any indirect, special, incidental, consequential, or punitive damages arising from or in connection with your use of the App.
9.4 Hardware and Capability Limitations
The availability, performance, and accuracy of certain functionalities, specifically AI-powered features such as Similar Photo detection, Duplicate Photo detection, and AI Enhance Image, are strictly subject to the hardware capabilities, processing power, storage access permissions, and operating system of your specific mobile device. We do not warrant or guarantee that all AI-powered features will be fully supported, available, or function optimally across all devices.
10. Indemnification
You agree to indemnify, defend, and hold harmless mscmn2k and its affiliates, officers, and employees from and against any and all claims, liabilities, damages, and costs (including reasonable attorney's fees) arising from or in any way connected with:
- your access to or use of the Services;
- your User Content, including any claim that it infringes on a third party's rights (including claims of copyright infringement, rights of publicity violations); or
- your violation of this Agreement.
11. App Store Specific Terms
You acknowledge that this Agreement is between you and us only, and not with Google LLC ("Google"). We, not Google, are solely responsible for the App, its content, maintenance, support, and for addressing any claims related to it. The App is currently distributed exclusively through the Google Play Store; this section will be updated if the App becomes available through any other app store.
12. Governing Law and Dispute Resolution
12.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law principles.
12.2 Jurisdiction
You agree that any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of competent jurisdiction in Vietnam.
12.3 Class Action Waiver
BY USING THE SERVICES, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, to the extent permitted by the law of your jurisdiction of residence.
13. Termination
We may, in our sole discretion, terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including if you breach this Agreement. Upon termination, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive.
14. Force Majeure
We shall not be liable for any failure or delay in performance under this Agreement resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, network or infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will notify you of any changes by updating the "Last Updated" date. For any material changes, we will provide more prominent notice, such as through an in-app notification. Your continued use of the Services after such changes constitutes your acceptance of the new Agreement.
16. General Provisions
16.1 Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force.
16.2 Assignment
You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
16.3 Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire and exclusive understanding and agreement between you and us regarding the Services.
17. Contact Information
If you have any questions, suggestions, or concerns regarding this Agreement, please contact us at ngocnam.dev@gmail.com.