Terms of Use

These Terms of Use (“Terms”) are an agreement between you and B O S.R.L. (“we”, “us”), a company registered in Argentina, and govern your use of the Datary Smart Cleaner app (the “App”) and the website dataryclean.com. By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. License

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, for personal, non-commercial purposes, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not:

• copy, modify, distribute or sell the App;
• reverse-engineer, decompile or disassemble it, except where the law expressly allows;
• use it for unlawful purposes or to process content you have no right to access;
• interfere with or bypass its security or subscription features.

2. What the App does

The App helps you find duplicate and similar photos, large videos, empty, incomplete and duplicate contacts, and outdated or duplicate calendar events, so you can review and remove or merge them. Suggestions are generated automatically and may be wrong. You are responsible for reviewing items before deleting or merging them. We do not guarantee any particular amount of storage freed.

3. Subscriptions and free trial

• The App is free to download. Its features require an auto-renewable subscription purchased through your Apple ID. Prices and billing periods are shown in the App before you confirm.
• Where a free trial is offered, payment is charged to your Apple ID at the end of the trial unless you cancel at least 24 hours before it ends. Any unused part of a free trial is forfeited when you purchase a subscription.
• Subscriptions renew automatically for the same period unless auto-renew is turned off at least 24 hours before the end of the current period. Renewal is charged within 24 hours before the period ends.
• You manage and cancel subscriptions in Settings → your name → Subscriptions. Access continues until the end of the period already paid for. Deleting the App does not cancel a subscription.
• We may change prices or plans. Changes never affect a period you have already paid for.

4. Refunds

Payments are processed by Apple, and refunds are handled by Apple under its policies at reportaproblem.apple.com. This does not affect any rights you have under mandatory consumer protection law.

5. Updates and availability

We may update, change or discontinue features of the App. We do not guarantee that the App will always be available or error-free.

6. Intellectual property

The App, its name, icon, design, code and this website belong to us or our licensors. These Terms do not transfer any ownership to you.

7. Disclaimer

To the maximum extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including accuracy, reliability or fitness for a particular purpose.

8. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental or consequential damages, or for loss of data, photos, videos, contacts or events, including deletions or merges you confirmed. Our total liability is limited to the amount you paid for the App in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law or your rights as a consumer.

9. Termination

You may stop using the App at any time by deleting it; remember to cancel any subscription separately. We may suspend or terminate your license if you materially breach these Terms.

10. Apple-specific terms

1. These Terms are between you and us only, not with Apple Inc. We, not Apple, are solely responsible for the App and its content.
2. Apple has no obligation to provide maintenance or support for the App.
3. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
4. We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection or privacy laws.
5. We, not Apple, are responsible for investigating, defending, settling and discharging any third-party claim that the App infringes intellectual property rights.
6. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
7. You must comply with applicable third-party terms when using the App.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Governing law

These Terms are governed by the laws of the Argentine Republic. If you are a consumer living in another country, you keep the protection of the mandatory consumer laws of your country and may bring claims in its courts.

12. Changes

We may update these Terms. The current version is always available at dataryclean.com/terms, with the date at the top. If you continue to use the App after changes, you accept the updated Terms.

13. Contact

B O S.R.L., Argentina · [email protected]