Acceptance of these terms
These Terms of Use (the “Terms”) form a binding agreement between you and Codivo Labs (“Codivo Labs”, “we”, “us”) governing your use of the Declutta: Free Up Space application for iOS, together with any updates to it (the “App”).
By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and remove it from your device. If you are using the App on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf.
Our handling of information is described separately in the Declutta Privacy Policy, which forms part of these Terms.
Acknowledgement (Apple)
You and we acknowledge that these Terms are concluded between you and Codivo Labs only, and not with Apple Inc. Codivo Labs - not Apple - is solely responsible for the App and its content.
These Terms do not provide for usage rules for the App that conflict with the App Store Terms of Service in force at the date you obtained the App. To the extent of any conflict, the App Store Terms of Service prevail.
Scope of licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your own personal or internal business purposes, on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the App Store Terms of Service. This licence includes the right to use the App on devices shared through Apple's Family Sharing where that feature applies.
The App is licensed to you, not sold. All rights not expressly granted are reserved to us.
What you may not do
You agree not to, and not to permit anybody else to:
- Copy, redistribute, sell, rent, lease, sublicense or otherwise make the App available to a third party, except as the App Store Usage Rules allow
- Reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the limited extent that applicable law expressly permits this despite this restriction
- Modify, adapt or create derivative works of the App, or remove or obscure any proprietary notice in it
- Use the App to access, delete or modify files that you do not own or do not have authorisation to handle
- Use the App on a device on which the operating system's security controls have been circumvented, or in any way that interferes with the operation of a device or another person's data
- Use the App in breach of any applicable law or regulation
Deletion, backups and data loss
This section matters more than any other in these Terms. The App's purpose is to help you identify and remove files in order to free storage space. Removing files destroys data.
- You decide what is deleted. The App presents candidates for removal, and nothing is deleted without your explicit confirmation. The recommendations the App makes are informational, not instructions, and it is your responsibility to review them.
- Some deletions are permanent. Items removed from your photo library are ordinarily placed in the operating system's “Recently Deleted” album, where the operating system retains them for a limited period before erasing them permanently. Other files may be erased immediately with no route to recovery. We do not control the operating system's recovery behaviour and it may change.
- Back up first. You are solely responsible for maintaining current backups of anything you value, before using the App and on an ongoing basis. The App is not a backup tool and does not create backups.
- Duplicate detection is a heuristic. Identifying duplicate and near-duplicate media involves judgement, and no such method is perfect. Files the App groups as duplicates may not be identical, and files you consider distinct may be grouped together. Review each group before confirming.
- Storage figures are estimates. Reported sizes and projected space savings are approximations. The operating system manages storage, caches and offloaded content in ways an application cannot fully observe, so actual space recovered may differ.
To the maximum extent permitted by law, we are not liable for the loss, corruption or unavailability of any data, files, photographs or other content arising from your use of the App, including deletions you confirm.
Maintenance and support
Codivo Labs is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.
Support is provided by email at support@codivolabs.com. We aim to respond within two business days. We do not guarantee that any particular defect will be fixed, that the App will remain compatible with future operating system versions, or that the App will remain available.
Purchases and refunds
Where the App offers a paid version, in-app purchase or subscription, the transaction is processed by Apple and is subject to the App Store Terms of Service. Prices, currencies and applicable taxes are shown before you confirm a purchase.
Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. You can view, manage and cancel subscriptions in your Apple account settings; deleting the App does not cancel a subscription.
Refunds are handled by Apple under Apple's policies, and we cannot issue refunds for App Store transactions ourselves. Nothing here limits any statutory right of cancellation or refund you may have under consumer law.
Warranty
Codivo Labs is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Disclaimer
Except as expressly stated in these Terms and to the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.
We do not warrant that the App will be uninterrupted or error-free, that its analysis will be complete or accurate, or that it will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or of statutory consumer guarantees. If you are a consumer in such a jurisdiction, some or all of the exclusions above may not apply to you, and nothing in these Terms limits rights that cannot lawfully be limited.
Limitation of liability
To the maximum extent permitted by applicable law, Codivo Labs will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or - subject to the section on deletion and backups above - any loss or corruption of data, arising out of or in connection with the App, however caused and on any theory of liability.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the App and these Terms will not exceed the greater of (a) the total amount you paid for the App in the twelve months preceding the event giving rise to the liability, or (b) ten United States dollars (USD 10).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
Product claims
Codivo Labs, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of any framework provided by the operating system.
Intellectual property
The App, its name, its design and all intellectual property rights in it are and remain the property of Codivo Labs and its licensors. These Terms grant you no rights in our trade marks or branding.
You retain all rights in your own files and content. We claim no ownership of, and acquire no licence to, anything on your device.
In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Codivo Labs - not Apple - will be solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance and export
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms and all applicable local, national and international laws and regulations when using the App.
Third-party terms and beneficiaries
You must comply with any applicable third-party terms of agreement when using the App - for example, your wireless data plan terms, and the App Store Terms of Service.
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.
Term and termination
These Terms apply for as long as you use the App. You may end them at any time by deleting the App from your devices. We may suspend or terminate the licence granted here if you materially breach these Terms.
On termination, the licence granted to you ends and you must stop using the App. The sections on data loss, disclaimers, limitation of liability, intellectual property and governing law survive termination.
Changes to these terms
We may update these Terms to reflect changes to the App or to legal requirements. When we do, we will change the “Last updated” date at the top of this page. Where a change materially reduces your rights we will give reasonable prominent notice, in the App or in the App Store release notes, before it takes effect. Continuing to use the App after a change takes effect means you accept the revised Terms; if you do not accept them, stop using the App.
Governing law
These Terms are governed by the laws of India, without regard to its conflict-of-laws rules, and the courts of India will have jurisdiction over any dispute arising out of them.
If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer laws of your country of residence, or of your right to bring proceedings in the courts of that country where the applicable law gives you that right.
If any provision of these Terms is found unenforceable, the remaining provisions stay in force. Our failure to enforce a provision is not a waiver of it.
Contact us
If any part of this document is unclear, or you want to exercise a right described in it, write to us and a person will reply.
Email: legal@codivolabs.com