Terms and Conditions

By downloading, installing, registering with, accessing, or using the SmartGallery-PhoneCleaner App (SmartGallery-PhoneCleaner App), you automatically agree to these Terms and Conditions. Therefore, it is important that you read and understand them before using the SmartGallery-PhoneCleaner App. The SmartGallery-PhoneCleaner App offers Services that generate and share visual content with other users using its AI algorithm, which is based on the texts and images you insert and the art styles provided by SmartGallery-PhoneCleaner App. These Terms and Conditions only grant you the right to use the SmartGallery-PhoneCleaner App to benefit from the Services outlined herein. You are not authorized to copy or modify the SmartGallery-PhoneCleaner App or any part of it, or our trademarks, nor are you allowed to extract the source code of the SmartGallery-PhoneCleaner App. Furthermore, you should not attempt to translate the SmartGallery-PhoneCleaner App into other languages or create derivative versions. All the intellectual property rights and trademarks related to the SmartGallery-PhoneCleaner App remain the property of Developers.

Developers is dedicated to ensuring that the SmartGallery-PhoneCleaner App is as efficient and useful as possible. Therefore, we reserve the right to modify the SmartGallery-PhoneCleaner App or charge for its Services at any time and for any reason. We will always make it very clear to you what you are paying for and will not charge you for the SmartGallery-PhoneCleaner App or Developers Services without your understanding and consent.

The SmartGallery-PhoneCleaner App stores and processes personal data that you provide to us to enable us to provide our Service. You are responsible for keeping your phone and access to the SmartGallery-PhoneCleaner App secure. We advise you not to jailbreak or root your phone, as this could compromise your phone's security and make it vulnerable to malware, viruses, or other malicious programs, which could result in the SmartGallery-PhoneCleaner App not working correctly or at all.

Please note that Developers cannot take responsibility for certain things. For instance, certain functions of the SmartGallery-PhoneCleaner App require an active internet connection, and Developers cannot be held responsible if the SmartGallery-PhoneCleaner App does not work correctly without access to Wi-Fi or data allowance. If you use the SmartGallery-PhoneCleaner App outside an area with Wi-Fi, your mobile network provider's terms of agreement will still apply, and you may incur charges for data usage or other third-party charges. You are responsible for any such charges, including roaming data charges, if you use the SmartGallery-PhoneCleaner App outside your home region or country without turning off data roaming. If you are not the bill payer for the device on which you are using the SmartGallery-PhoneCleaner App, please ensure that you have obtained permission from the bill payer.

In a similar vein, Developers cannot be held responsible for how you use the SmartGallery-PhoneCleaner App. You must ensure that your device remains charged, or Developers cannot accept responsibility if it runs out of battery and you are unable to avail the Developers Service.

Regarding Developers's responsibility for your use of the SmartGallery-PhoneCleaner App, please bear in mind that although we strive to ensure that the SmartGallery-PhoneCleaner App is updated and correct at all times, we rely on third parties to provide information to us so that we can make it available to you. Therefore, Developers accepts no liability for any loss, direct or indirect, that you may experience as a result of wholly relying on the functionality of the SmartGallery-PhoneCleaner App.

At some point, Developers may wish to update the SmartGallery-PhoneCleaner App. The SmartGallery-PhoneCleaner App is currently available on iOS and Android, and the system requirements (including any additional systems we may decide to extend the availability of the app to) may change. Therefore, you will need to download updates if you wish to continue using the SmartGallery-PhoneCleaner App. Developers does not promise that it will always update the SmartGallery-PhoneCleaner App so that it is relevant to you and/or works with the iOS or Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the SmartGallery-PhoneCleaner App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the SmartGallery-PhoneCleaner App, and (if needed) delete it from your device.

User Content

You have the ability to provide, upload, transmit, create, store, use, edit or share content such as data, information, phrases, entries, text, questions, and materials through the Services (Input). Additionally, you may receive content such as phrases, text, and responses created, generated, or returned by the Services (Output). Collectively, Input and Output are referred to as User Content. However, you may only upload, transmit, create, store, use, edit and share User Content if it complies with these Terms and Conditions, including the Developers End-User License Agreement, and any applicable laws.

By providing User Content, you represent and warrant that you own the Input and have obtained all necessary consents, permissions, licenses, and rights to provide and license the Input in accordance with these Terms and Conditions. You also confirm that you have the legal capacity to provide and license the Input in your jurisdiction.

Upon uploading or transmitting the Input, you grant Developers a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license and right to use, broadcast, reproduce, modify, make derivative works of, record, sublicense (on multiple levels), translate, transmit, or otherwise exploit the User Content, for the limited purpose of operating or improving the existing and future products of Developers and its affiliates. This includes training ASK AI’s AI, in all formats, mediums, and with any technology, known or hereafter developed, without notice, permission, payment, or additional compensation to you or a third party.

You are solely responsible for User Content and the consequences of posting or publishing them. It is your responsibility to ensure that User Content does not violate any applicable laws or these Terms and Conditions (including the Developers End-User License Agreement). Additionally, you acknowledge that Developers has no responsibility or liability for User Content or copyrightable materials, such as literary works, phrases, entries, text, and any other materials provided to or in the Services.

You are prohibited from uploading, transmitting, creating, storing, editing, using, or sharing any User Content that violates these Terms and Conditions (including the Developers End-User License Agreement) or any applicable laws. You agree to indemnify and hold harmless the Indemnitees (as defined under the Developers End-User License Agreement) in accordance with Article 15 “Indemnification” of the Developers End-User License Agreement from any Claim (as defined under the Developers End-User License Agreement) that alleges, directly or indirectly, that any User Content provided by you infringes the Intellectual Property Rights (as defined under the Developers End-User License Agreement) of any third person or that directly or indirectly results from your breach of these Terms and Conditions.

Furthermore, you acknowledge that Output is generated by an Artificial Intelligence, and therefore, may be false, inaccurate, or misleading. Developers does not represent or warrant that Output is accurate, genuine, or true. Output is not advice, guidance, or information provided by Developers in any way. Developers shall not have any responsibility or liability for Output. Additionally, you understand and agree that Output may not always be unique, as the same or similar input provided by other users might receive the same or similar outputs.

These Terms and Conditions may be unilaterally amended and updated by Developers from time to time. It is advised that you review this page periodically for any changes. Developers will notify you of any changes by posting the new Terms and Conditions on this page. These amendments shall be effective on the date when they are published. By confirming these amendments or continuing to use the SmartGallery-PhoneCleaner App following the publication, you are deemed to have agreed with these

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at via qianqian123fj@gmail.com.

Developers END-USER LICENSE AGREEMENT

These terms and conditions establish a legally binding agreement between Developers and you, the User. It is important that you carefully read and understand all of the terms and conditions, as well as the scope of the Developers service. By using the SmartGallery-PhoneCleaner App (as defined in Article 1.1), you are acknowledging your agreement with our terms, which are outlined in this document, including the Developers End-User License Agreement and Privacy Policy. If you do not agree with any aspect of the Terms and Conditions (including the Developers End-User License Agreement and Privacy Policy), you should not use the SmartGallery-PhoneCleaner App. By continuing to use the SmartGallery-PhoneCleaner App, you are confirming your acceptance of these Terms and Conditions.

1. TERMS OF USE

1.1Developers is excited to offer the SmartGallery-PhoneCleaner App, as well as any related documentation and branded mobile applications (collectively referred to as the "Developers Apps"). These apps can be found on the Apple App Store and/or Google Play, and you agree to abide by the terms of service whenever you use or access the SmartGallery-PhoneCleaner App.These terms and conditions apply to all of Developers's products or services available on the Apple App Store and/or Google Play and/or any other online platform (each referred to as a "Developers Service"). Your use of the Developers Services is contingent upon your acceptance and compliance with these terms. "Use" refers to accessing, using, installing, downloading, registering, copying, making in-app purchases, or benefiting from the functionality of the Developers Apps as per the documentation.Please read this End-User License Agreement (the "Agreement") carefully before accessing, installing, downloading, registering, or using any Developers Apps. This Agreement governs your use of the Developers Apps and how we provide them. If you do not agree to these terms, do not use the Developers Services. Each time you access or use the Developers Services, the current version of these terms will apply. This Agreement also includes additional payment terms, in-app purchase options, and other requirements set forth on the download or purchase page/platform through which you purchase or download the Developers Apps.

1.2Your use or access of the Developers Services is also subject to Developers's Privacy Policy ("Privacy Policy"). Additionally, you agree to abide by any rules, policies, and procedures we may publish on the Developers Services from time to time. We reserve the right to change these terms at any time without notice. However, if we make changes, we will provide reasonable notification through an in-app message. By continuing to use the Developers Apps after any amendments or changes to this Agreement, you indicate your acceptance of such changes. If you do not agree with any amendment, you must discontinue using the Developers Apps. If you have any questions or concerns about these terms, please contact us at qianqian123fj@gmail.com.

1.3For clarity, all provisions in this Agreement that refer to the Developers Apps and the Developers Services are general terms and conditions set forth by Developers regarding its products and services. While these provisions are binding for the User, they only grant the User the rights specified herein for the SmartGallery-PhoneCleaner App. This Agreement does not grant any right to the User with regards to other Developers Apps or Developers Services.



1.4. Attention User: This agreement is a legally binding document. If you do not understand it, or if you do not agree to be bound by it or the Privacy Policy mentioned in this document, you must immediately exit the Apple App Store and/or Google Play and you are not authorized to use or access any of the services provided by Developers. Depending on the laws of your jurisdiction, you may have certain rights that cannot be waived through this agreement. Moreover, certain provisions of this agreement may be unenforceable for you. In such cases, the remainder of the agreement shall remain in full force and effect. By using the Apple App Store and/or Google Play, you confirm that you are at least 18 years old. If you are under 18 years old or the legal age of majority where you live, you must use the Apple App Store and/or Google Play only with the consent of your parents or legal guardian. You must also read, comprehend, and accept this agreement in its entirety. Please note that in order to use Google Play, you must possess a valid Google account, which is subject to age restrictions. Furthermore, you must adhere to any additional age restrictions that may be applicable for specific content or features on Google Play. Developers does not permit the use of the SmartGallery-PhoneCleaner App by individuals younger than 16 years old, who reside in the European Economic Area, in accordance with applicable law due to the General Data Protection Regulation.

1.5. Notice to Parents and Legal Guardians: By allowing your child to download, install, use, access, register with, or make in-app purchases through the Developers apps, you agree to the terms of this agreement on behalf of your child. You are responsible for supervising your child's online and offline activities. If you do not agree to this agreement, do not allow your child to use the Developers apps or any associated features. If you are the parent or legal guardian of a child under 18 and suspect that your child is using the Developers apps without your prior approval, please contact us at qianqian123fj@gmail.com.



2. PARTIES

2.1. This agreement is between you as the User who downloaded and/or installed the Developers App via the Apple App Store and/or Google Play, and Developers. It comes into effect upon the User's online approval and is mutually agreed upon by both parties. The terms "Party" and "Parties" refer to Developers and the User respectively.

2.2. Upon downloading and/or installing the Developers App via the Apple App Store or Google Play, the User acknowledges that he/she has read, understood, and approved all provisions outlined in this agreement.

3. GRANT OF LICENSE

3.1Provided that you comply with the terms of the Agreement, Developers grants you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access, download, and install the latest available version of the SmartGallery-PhoneCleaner App on a single authorized mobile device that you own or control solely for your lawful, personal, non-commercial use as an end-user.

3.2It is important to note that all Developers Apps are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Developers is the exclusive owner of any software, design, source code, target code, directory, image, or content available on Developers Apps. As such, Developers retains ownership of the copyright in and to the Developers Apps, and reserves all rights not expressly granted to the user as per the provisions of Article 11.Users are not permitted to duplicate, copy, distribute, or process the advertisements, images, and texts, visual and audio images, files, databases, catalogs, and lists available on Developers Apps. Furthermore, users cannot rent, lease, lend, or permanently transfer all of their rights under this Agreement with respect to the Developers Apps. Developers is not responsible for any consequences that may arise from using the Developers Apps acquired illegally or through an unauthorized distributor.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

4.1. When using Developers Apps, Users agree not to engage in actions that violate the law or morality or that may damage the ability to benefit from the Developers Services. This includes, but is not limited to, actions such as those listed below. Developers will not be held responsible for damages resulting from a breach of this article. If the User violates this article, Developers may terminate the Agreement under Article 14, block the User's access to Developers Apps for a certain period of time or indefinitely, and seek civil or criminal remedies.

4.2. Users cannot rent, sell, lease, sublicense, distribute, assign, copy, or transfer Developers Apps or any rights arising from them. Users cannot use Developers Apps for the benefit of any third party or make them available over a network for multiple users without express authorization from Developers. Users cannot use robots, spiders, or other automatic or manual devices to interfere with Developers Apps except to uninstall them. Users cannot deliver unlawful information or harmful data or violate the security of Developers Services. Users cannot engage in activities that negatively impact the operation of Developers Apps, disable security systems, or create automatic programs to make the Developers Apps unusable.

4.3. Users cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify, recode or create derivative works of the Developers Apps or advertise them in any form. Users cannot access, create or modify the source code of any Developers Apps. Users cannot create derivative works of any the Developers Apps or any portions thereof. All modifications or enhancements to the Developers Apps remain the sole property of Developers. Users cannot find, obtain, or copy the source code of Developers Apps, synchronize them with other software or hardware, violate the security of any computer network, or attempt to deliver SPAM mail or upload malware.

4.4. Developers may restrict or terminate access to Developers Apps at any time and without notice if the operating security of the network is at risk or to prevent malfunctions, disruptions, or adverse effects.

4.5. Developers may add or remove features or functions to existing Developers Apps and may require updates to be installed on User’s mobile device when a new version or feature becomes available. Users may need to review and accept Developers’s then-current Agreement before using subsequent versions of the Developers Apps. Developers has no obligation to support previous versions of the Developers Apps and may not make updates, supplements or subsequent versions available to Users. Users must provide the necessary equipment, internet connections, devices and service plans to access and use the Developers Apps at their expense.

4.6. Users are responsible for any costs incurred to access the Developers Apps, and network or roaming providers’ messaging, data, and other rates and fees may apply. Certain Developers Apps may be prohibited or restricted by network providers, and Developers does not guarantee that the Developers Apps can be accessed on all devices or wireless service plans, or are available in all languages or suitable for use in all locations.

5.8. Purchasing and Canceling Rights: Some Developers Apps can be purchased from a mobile platform owner, such as Apple or Google, and/or may allow users to make in-app purchases. Third-party payment processors may process payment for these purchases on behalf of Developers or directly for the mobile platform owner. In certain countries, laws provide specific time periods for canceling online purchases after they are made, such as for European Union residents. Consequently, the user's right to cancel in-app purchases depends on their country of residence. Failure to comply with local laws regulating the right to cancel may result in the user being subject to the mobile platform owner's terms. The user should review the mobile platform owner's terms before making a purchase. Further information about canceling orders and refunds can be found on the website of the third-party reseller from whom the app was purchased (the Apple App Store and/or Google Play). If the user purchases directly from Developers, and they are a resident of the European Union or their local law regulates a right to cancel, they agree to waive their cancellation and refund right once the app is downloaded or the purchase is made. If the user is not a resident of the European Union and their local laws do not regulate mandatory laws otherwise, they do not have the right to cancel purchases made by downloading Developers Apps directly. This also applies to subscriptions and in-app purchases. Please refer to Article 13 of the Agreement for more information.

4.8. Defective Content: Once the user has access to the Developers Apps through their account, they are required to check the content as soon as reasonably possible to ensure that the Developers Apps function and perform as described. If any errors or defects are found, the user should notify us or Google Play/App Store as soon as reasonably possible.

4.9. Termination of Agreement: Developers may terminate this Agreement if the user fails to comply with its terms or other documents referenced herein. In such an event, the user must uninstall or remove the Developers Apps. Please refer to Article 14 of the Agreement for more information.

5. THIRD-PARTY PARTNERS

5.1. The Developers Apps provide various features, functionalities, and other services (collectively known as "Developers Apps Functions"), which may be subject to change from time to time. These functions are provided by Developers and Third-Party Partners who offer content and/or services through the Developers Apps.

5.2. Third-Party Services and Content: The Developers Apps may integrate, bundle, or be provided with third-party services, advertising, feeds, and/or content. If you install a Developers App that includes third-party services and content, these services and content will be subject to the terms of service and privacy policies of the relevant Third-Party Partners, which can be found on their website. Please note that Developers has no control over these websites and resources. You acknowledge and agree that Developers is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such website or resource. Developers is not a party to or responsible for monitoring any transaction between you and the Third-Party Partners.

5.3. Access to Third-Party Services and Content via the Developers Apps: All services, advertising, feeds, and content, including data, links, articles, graphic or video messages, and other materials (the "Content") made available or accessible through the Developers Apps, is the sole responsibility of the entity or person from whom it originated. By using the Developers Apps, you acknowledge and agree that you may be exposed to Content that may be offensive, indecent, or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Developers will not be liable in any way for any Content created by or originating from entities other than Developers, including but not limited to, any errors or omissions in any such Content, or for any loss or damage incurred as a result of the transmission, sharing, or posting of such Content through the Developers App.

6. SECURITY

6.1. The Developers Apps, like other User technologies in the relevant market, cannot guarantee 100% security. By agreeing to this Agreement, you acknowledge and accept that the Developers Apps and any information you download or share via a Developers App, may be vulnerable to unauthorized access, interception, corruption, damage or misuse and therefore cannot be considered completely secure.

6.2. You are solely responsible for any security risks that may arise and any resulting damages. Furthermore, you are responsible for safeguarding your mobile device from unauthorized access or cyber-attacks, such as by using complex password protection. You agree that Developers will not be held liable for any unauthorized access to your mobile device or app data.

6.3. Regarding malware protection, Google may receive information about your device's network connections, potentially harmful URLs, operating system, and apps installed on your device through Google Play or other sources to protect you from malicious third-party software, URLs, and other security issues. Additionally, Google may warn you if an app or URL is deemed unsafe, or prevent its installation if it is known to be harmful to devices, data or users. While you may choose to disable some of these protections in your device's settings, Google may still receive information about apps installed through Google Play, and apps installed from other sources may continue to be analyzed for security issues without sending information to Google.

7. REGISTRATION AND PASSWORDS

7.1. Registration: While most Developers Apps do not need you to sign up, certain Developers Apps may offer or mandate the creation of an account for you to access additional features or functions (the "Sign-up"). If a Sign-up is necessary, you will be notified when you try to access such features or functions. Any registration necessary for Third-Party Partners is not governed by this Agreement, and you should refer to the applicable Third-Party Partners' website for their policies.



7.2. Passwords: You are solely responsible for the confidentiality and security of any password and ID combination issued or chosen by you. You are the only one who can access any account opened, held, accessed or used through your password and ID. It is your responsibility to maintain the confidentiality and security of your password(s) and ID(s). You are fully responsible for all transactions made through your account using your password and ID. If you suspect any unauthorized use of your account or a breach of security, including but not limited to loss, theft, leak, or unauthorized use of your password(s) and/or ID(s), you must immediately notify us in writing. If we have reason to believe that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any current or future use of the services, and pursue legal action if necessary. We are not responsible for any losses resulting from the misuse of your password or ID.



7.3. Provided Information: If you provide any information in connection with a Registration, you are required to provide or maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Developers App and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of the Developers App our services, as per the Privacy Policy.

7.4. Authentications. User may benefit from the basic functions and Services of SmartGallery-PhoneCleaner App without Registration. Upon User’s sole discretion, User may register to SmartGallery-PhoneCleaner App using authentication methods provided to Developers by Third Party Partners (such as logging in through the use of Google, Apple and e-mail accounts). Such Registration allows the User to use and benefit from additional functions and Services provided by SmartGallery-PhoneCleaner App. The responsibility to ensure the security and to duly store the access tools, if any, (connection by Google, Apple or e-mail account, etc.) used by the User in order to benefit from the Services offered through SmartGallery-PhoneCleaner App and to keep them away from the reach and use of third parties shall belong to the User. Every transaction made with the User’s authenticated account, shall be deemed to made by the User itself. Developers shall not be responsible for any direct or indirect damages incurred by the Users and/or third parties due to all negligence and faults of the User in matters such as security, storage, keeping away the information of third parties, and use of the User’s means of accessing the system and SmartGallery-PhoneCleaner App. Developers shall reserve its right to recourse. Only the Users registered to SmartGallery-PhoneCleaner App following identity authentication may reach certain features of SmartGallery-PhoneCleaner App such as publishing Materials in SmartGallery-PhoneCleaner App for other Users to see and any other feature that may be included in SmartGallery-PhoneCleaner App at Developers’s discretion. User acknowledges that without registering to SmartGallery-PhoneCleaner App in accordance with this provision, he/she will not be able to reach certain features provided to Users registered to SmartGallery-PhoneCleaner App.



8. UNINSTALL AND REMOVAL OF THE Developers APPS

Uninstallation and removal procedures vary depending on your device. To uninstall and remove the Developers Apps, please use the application manager provided with your device or consult your device manual for further reference.

9. CONSENT TO USE OF DATA AND USER REVIEWS

9.1. You agree that we may collect and use technical data and related information, including and not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Developers Apps. We may use this information as per the Privacy Policy.

9.2. If you choose to provide app store reviews or reviews via any social media channel or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use promotional purposes, you will be able to elect for us not to do so by submitting your request to qianqian123fj@gmail.com (please also indicate your name, mailing address and email address). For security purposes, please do not include any password, social security number, national ID number, payment card or other sensitive information via these features. We have the right, but not the obligation, to monitor messages and communications between and among Users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

9.3. If you download the Developers Apps through Google Play or App Store, please be aware that, posting reviews shall be subject to the relevant virtual store’s policies.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Developers is the sole proprietor of products and/or Developers Services, projects, documents used at the Developers Apps in connection with the Developers Services and visuals, texts, bulletins, slogans, videos, designs and know-how and any business data, illustrations, database, system flow data, logo, emblem and data, ideas or the Developers trademarks and trade dressing, flows, source codes, researches, codes, methods, statistical figures and financial and moral rights and all other intellectual property rights during preparations for the Agreement and during its term for the supply of the Developers Services. Accordingly, the User agrees and represents that he/she shall not commit any reverse engineering or attempt to find or acquire the source code of the Developers Apps nor shall it violate the security of any network or crack security encryption codes; it shall not send SPAM mails or load malicious software; that otherwise the User shall be liable for all losses that Developers and third parties may sustain.

10.2. To clarify, "intellectual property rights" refers to the collection of rights recognized under patent, trademark, copyright, and trade secret laws, as well as any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including moral or similar rights. The User is not permitted to delete, modify or remove any copyright, trademark, or other proprietary rights notice that Developers or Third-Party Partners have placed on or within the Developers Apps. Please note that all rights not explicitly granted herein are reserved to Developers and its licensors. Nothing in this agreement should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.

10.3. Unless otherwise agreed upon between the User and Developers regarding any intellectual property rights arising from any Developers Service that Developers prepares and provides to the User, Developers grants the User the right to use the related Developers Services worldwide, indefinitely, and exclusively. Developers reserves the right to determine the ownership of the aforementioned intellectual property rights and their usage. However, if Developers proposes different conditions other than the provisions in this clause of the Agreement, it must notify the User before the Developers Service is used or before the commencement of operations for the Developers Service.



10.4. The User bears sole responsibility for any content that he or she contributes, submits, or displays, or for any adaptations of works made through the use of the Developers Apps. It is the User's duty to ensure that such content, including photos, texts, documents, videos, and music files, is lawful and does not infringe upon any rights, including copyright or other intellectual property rights, of Developers, other Users, or any other third parties. To be clear, the User acknowledges, declares, and guarantees that they have legal entitlement to any data, information, or content they use, and that such use does not violate any applicable law or third-party rights. The User accepts, acknowledges, and agrees to indemnify any damages incurred by both Developers and third parties as a result of their lack of legal entitlement to any data, information, or content they use.

10.5. Developers places a high value on respecting the rights of copyright holders and expects its Users to do the same. Upon receiving notice, Developers will take appropriate action to remove content infringing upon the copyright rights of others. Developers retains the right to disable access to the Developers Apps or other services by any User who repeatedly uses them to infringe upon the intellectual property rights of others.

10.6. Developers also acts to remove objectionable content. The decision to remove objectionable content shall be made at Developers’s sole discretion. Objectionable content includes, but is not limited to: content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or libelous; content that is hateful or advocates the hate crimes, hate speech and all types of discrimination, harm or violence against a person, group or minority; content that may harm minors in any way; content that has the aim or effect of stalking or otherwise harassing or bullying another; private information regarding any individual such as phone numbers, addresses, national ID numbers, Social Security numbers or any other information that is invasive of another’s privacy; content that is vulgar, offensive, discriminative, obscene or pornographic, unsolicited or unauthorized advertising, promotional materials, junk mail, SPAM, chain letters, pyramid schemes or any other form of solicitation; material that contains software viruses or any kind of malicious software or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or mobile

device software or hardware or telecommunications equipment. In this regard, Users agree, accept and undertake not to use Developers Apps:

- In any way that violates any applicable national, federal, state, local or international law or regulation;

- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

- To generate or disseminate verifiably false information and/or content with the purpose of harming others;

- To generate or disseminate personal identifiable information that can be used to harm an individual;

- To defame, disparage or otherwise harass others;

- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding,

enforceable obligation;

- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline

social behavior or known or predicted personal or personality characteristics;

- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

- To provide medical advice and medical results interpretation;

- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted

use).

10.7. Developers cannot pre-screen or monitor all content submitted by Users, but our representatives may monitor content submitted through the Developers Apps, and you hereby provide irrevocable consent to such monitoring. The User acknowledges and agrees that they have no expectation of privacy regarding the submission of any content. Developers has the right, but not the obligation, in its sole discretion, to edit, modify, refuse to post, or remove any content.

10.8. The User is not permitted to use Google Play or any content or Developers Apps in conjunction with stream-ripping, stream capture, or similar software to record or create a copy of any content or additional in-app features presented in streaming format, if any. Furthermore, the User is not allowed to remove any watermarks, labels, or other legal or proprietary notices included in any content or additional in-app features or attempt to modify any content obtained through Google Play, including modification for the purpose of disguising or changing any indications of the ownership or source of content and/or the Developers Apps.

10.9. If the User is determined to be a repeat infringer in accordance with the aforementioned provisions, Developers has the right to terminate the User's access to the Developers Apps.

11. RIGHTS INFRINGEMENTS

11.1 Developers places great emphasis on confidentiality, intellectual property rights, including copyrights, and personal data protection, and strives to maintain transparency regarding these issues. When using the Developers Apps, Users declare and agree to abide by the principles outlined in this Agreement and other materials provided by Developers. Users may only upload materials to the Developers Apps that they have created themselves or have been authorized to use. Users declare and agree not to infringe upon the rights of other Users under this Agreement.

11.2 However, if you believe in good faith that materials transmitted or created through SmartGallery-PhoneCleaner App infringe your copyright, your personal right or privacy; you may send Developers a notice requesting that we remove the material or block access to it by filling out the infringement form.

12. IN-APP PURCHASE AND PAYMENT

12.1. The Developers Apps will be released and distributed globally through the Apple App Store and/or Google Play. However, certain features and limitations of the Developers Apps will only be available to the User as a paid feature through in-app purchase. If the User wishes to use such paid features under this Agreement, payment must be made before accessing the paid feature.

12.2. The in-app purchase features are available on an annual, semi-annual, quarterly, monthly, or weekly basis and will be automatically renewed every year or month by the Apple App Store and/or Google Play, depending on the auto-renewable subscription model, until cancelled by the User. The Apple App Store and/or Google Play will send an email well in advance of renewal containing a hyperlink to manage the subscription process. App payments will be processed through the Apple App Store and/or Google Play from which the User originally downloaded the application. The User can access the applicable in-app purchase rules and policies directly from the Apple App Store and/or Google Play. The User acknowledges and agrees that they are fully responsible for managing their in-app purchases and the amount they spend on in-app purchases within the Developers Apps.

12.3. Please note that to purchase content or the Developers Apps through Google Play, you must have a Google Payments account and agree to the Google Payments Terms and Terms of Service. The Google Payments Privacy Notice is applicable whenever you purchase content using a Google Payments account. You are responsible for all payable amounts associated with purchases made through Google Play on your Google Payments account. Additionally, Google may provide various payment processing methods in addition to Google Payments to facilitate the purchase of content or the Developers Apps through Google Play. You must comply with any relevant terms and conditions or other legal agreements, whether with Google or a third party, that govern your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion. You are solely responsible for all payable amounts associated with the purchases you make.

13.4. To determine your eligibility to have purchases of content or the Developers Apps billed to your network provider's account, Google Play will send identifiers of your device to your network provider when you create a Google Play account on a device. To allow this, you must accept the network provider's terms of service. The network provider may send your billing address information to us. Google Play will hold and use this information in accordance with Google's Privacy Policies and Google Payments Privacy Notice.

12.5. If you are not yet 18 years old, you must obtain permission from your parents or legal guardians in order to make any in-app purchases that are legally required. When you complete an in-app purchase, you are indicating that you have received all necessary permission to do so. If you are a parent or legal guardian of a minor under the age of 18, we suggest that you take advantage of any parental control features that may be available through the Apple App Store and/or Google Play, especially if you are concerned about the possibility of your child making excessive in-app purchases.

12.6. In-app purchases are bought and charged by the Apple App Store or Google Play, rather than Developers. The terms and conditions of the Apple App Store and/or Google Play apply to these purchases. Any questions about billing or refunds should be directed to the Apple App Store and/or Google Play. Developers does not have access to the accounts and transactions of the Apple App Store and/or Google Play.

12.7. If an in-app purchase fails to download or does not function properly after a successful download, we will investigate the issue once we become aware of it or when notified by you. We will make a reasonable determination as to whether a replacement in-app purchase or a patch to fix the problem should be provided. We will not charge you any additional fees for replacing or repairing the faulty in-app purchase. If, for any reason, we are unable to replace or repair the affected in-app purchase within a reasonable timeframe and without significant inconvenience to you, we will authorize the Apple App Store and/or Google Play to reimburse you up to the cost of the relevant in-app purchase. Alternatively, if you prefer to request a refund, you may do so directly by contacting the Apple App Store and/or Google Play.

12.8. By using the Developers Apps, you agree and acknowledge that all billing and transaction processes are managed by the Apple App Store and/or Google Play, from which you downloaded the apps, and are subject to the terms and conditions/end user license agreement of the Apple App Store and/or Google Play. If you encounter any payment-related issues with in-app purchases, you must contact the Apple App Store and/or Google Play directly.

13. TERM AND TERMINATION

13.1. This Agreement shall become effective on the date it is approved and shall remain in force as long as the User maintains to use SmartGallery-PhoneCleaner App and shall continue to be effective and operative as between Developers and the User legally.

13.2. Developers reserves the right to unilaterally terminate this Agreement without compensation or prior notice in the event that the User violates this Agreement, any other applicable agreements, or the rules governing different services offered through the Apple App Store and/or Google Play, specifically in the following circumstances: if the User manipulates the operation of the Developers Apps by any means; if the User violates the provisions of this Agreement or any other applicable agreements through the Apple App Store and/or Google Play; if the User infringes upon the rights of third parties; if the data, content, visuals, texts, and articles shared by the User with SmartGallery-PhoneCleaner App contain unlawful elements or are posted for unlawful or immoral purposes, even if they do not contain such elements.

13.3. The User agrees that Developers will not be held liable to the User or any third-party for any termination or disabling of the Developers Apps. Upon termination of this Agreement, the User must immediately cease using the SmartGallery-PhoneCleaner App and uninstall, remove, or destroy all copies of the SmartGallery-PhoneCleaner App that are in the User's possession or control. However, termination shall not limit any of Developers's other rights or remedies under the law.

14. INDEMNIFICATION

14.1. You agree to indemnify and hold harmless Developers, its affiliates and Developers’s and its affiliates officers, directors, licensors, partners, shareholders, licensees, contractors, agents, attorneys, employees and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly and directly or indirectly result from your information, use of the Developers Services or your breach of this Agreement.

14.2. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing and for payment of damages or losses resulting from all claims against any

Indemnitee provided that you will not agree to any settlement that imposes any obligation or

liability on any Indemnitee without Developers’s prior express written consent.

15. WARRANTY DISCLAIMER

15.1. The Developers Apps are provided on an "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" basis, to the extent permitted by applicable law, and you use them at your own risk. Developers, on its own behalf and on behalf of its affiliates, licensors, distributors, vendors, agents, and suppliers, expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement, and any other warranty arising from relevant legislation, subject to applicable law.

15.2. Without limitation, Developers makes no warranty that the Developers Apps will meet your requirements, that they will be uninterrupted, timely, secure or error-free, that the results obtained from the use of the Developers products will be accurate or reliable or that the quality of the Developers Apps will meet your expectations. Developers assumes no liability or responsibility for any property damage of any nature whatsoever, resulting from your access to and use of the Developers Apps; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Developers Apps or servers; any bugs, viruses, Trojan horses or like which may be transmitted to or through the Developers Apps by any third party or any errors or omissions in any content or for any loss or damage of any kind incurred as a consequence of the use of any content posted, e-mailed, transmitted or otherwise made available via the Developers Apps.

15.3. Certain Developers Apps may allow you to record phone conversations on your Android or iOS device. Some local, state, federal and international laws prohibit the recording of third- party audio without all parties’ consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. In no event shall the Developers be responsible to you or third party for your failure to comply with local, state, federal or international laws regarding third party audio recording.

15.4. The entire risk arising out of use or performance of the Developers Apps remains solely on you. Developers expressly disclaims all warranties relating to products and/or services provided by Third Party Partners. This warranty disclaimer constitutes an essential part of this agreement.

16. LIMITATION OF LIABILITY

16.1. To the extent permitted by applicable laws, you acknowledge and agree that Developers shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (i) your use or inability to use the Developers Apps; (ii) unauthorized access to or alteration of your transmission or data; (iii) statements or conduct of any third party; or (iv) any other matter relating to Developers.

16.2. Developers's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) shall not exceed the amount paid by you for accessing the Developers App. Even if the above-stated remedy fails to achieve its essential purpose, the aforementioned limitations shall still apply.

17. FORCE MAJOR EVENT AND APPLICABLE LAW

17.1. Developers shall not be held responsible for failure to fulfill its obligations under this Agreement, or for incomplete or delayed performance, if such failure is due to force majeure events in legal terms. In such circumstances, Developers shall not be considered to have defaulted, performed inadequately or incompletely, and no claims for compensation shall be made against Developers.

17.2. The term "force majeure events" refers to events beyond the reasonable control of the affected party, which cannot be avoided despite the reasonable care and diligence shown by Developers. This includes, but is not limited to, acts of God, riots, insurrections, unrest, war, interruptions in communication, failure of infrastructure and internet networks, power outages, mobilization, strikes, fires, explosions, terrorism, cyber attacks, long-term and widespread power outages, internet outages, computer viruses, legislative amendments, and adverse weather conditions.

17.3. The User shall not be entitled to claim default interest or seek indemnification from Developers under any circumstances for delayed, incomplete or non-performance of any provision of this Agreement due to force majeure events.

18. ENTIRE AGREEMENT AND SEVERABILITY

18.1. The use of the SmartGallery-PhoneCleaner App and Services is governed by these Terms, which constitute the entire agreement between Developers and the User, and replace any previous or contemporaneous agreements regarding this subject matter.

18.2. This Agreement may only be amended or modified if it is in writing and signed by Developers. If either party fails to enforce their rights or take action against the other party for a breach of this Agreement, it will not be considered a waiver of their rights to enforce this Agreement or take action in the future.

18.3. The translation of this Agreement is for local requirements only. In the event of a dispute between the English version of this Agreement and any non-English versions, the English version shall take precedence to the extent permitted by law.

18.4. If any term or provision of this Agreement is declared void or unenforceable in a particular situation by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, or the validity or enforceability of the offending term or provision in any other situation. To the greatest extent legally permissible, the provision will be interpreted and enforced in order to effectuate the original intent. If no such interpretation or enforcement is legally permissible, the provision shall be deemed severed from the terms.