Terms of use

Terms of Use

Last updated: 06 September 2022

1. Introduction

1.1 In case you’re not familiar, Booster & Phone cleaner app is an application that makes a professional cleaning app, including cache cleaner, junk cleaner, storage cleaner, notification cleaner, free up RAM, free up space, CPU cooler, battery saver, game booster, phone booster, which are all combined in simply one tap in this smart cleaner app. (the “Services” or the “App”).

1.2 We’ve drafted these Terms of Service (which we also call the “Terms”) so you’ll know the rules that apply when you use the app. Although we’ve tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between user (“you”, “the User”) and Andrey Vovk, resides: Ukraine, Kyiv, st. Umanskaya 24, 03087 (“we”, or “us”). So please read them carefully.

1.3 In order to use the Services, you must have accepted these Terms, which are presented to you when you first open the app and when we make any material changes to the Terms. Of course, if you don’t accept them, then don’t use the Services.

2. Who Can Use the Services

2.1 Noone under 16 is allowed to use the Services. Additionally, you must be old enough to consent to the processing of your information in your country of your residence legislation and regulations.

2.2 By using the Services, you state that you can form a binding contract with us and will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

2.3 The Services should not be used for business or commercial purposes.

3. App access

3.1 In order to use the App you must download it through the Google Play® service. To learn more, visit the page and read the Google Play Terms of Use.

3.2 To get the full access to the functionality of the Application, you need to grant the Application an access to the following functions of your device:

3.2.1 retrieve running apps;

3.2.2 read the contents of your USB storage;

3.2.3 record audio;

3.2.4 Wi-Fi connection information;

3.2.5 view Wi-Fi connections;

3.2.6 retrieve running apps;

3.2.7 close other apps;

3.2.8 receive data from Internet;

3.2.9 view network connections;

3.2.10 pair with Bluetooth devices;

3.2.11 access Bluetooth settings;

3.2.12 change network connectivity;

3.2.13 connect and disconnect from Wi-Fi;

3.2.14 delete all app cache data;

3.2.15 measure app storage space;

3.2.16 full network access;

3.2.17 close other apps;

3.2.18 run at startup;

3.2.19 control vibration;

3.2.20 prevent device from sleeping;

3.2.21 modify system settings;

3.2.22 install shortcuts.

3.3 If you refuse to provide the access to the functions of your device on the Application request, it may cause some Application features to appear unavailable.

4. Privacy

4.1 Your privacy matters to us. You can learn how your information is handled when you use our Services by reading the Privacy Policy. We encourage you to give the Privacy Policy a careful look.

5. Rights we grant you

5.1 We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to access and use the App. This license is for the sole purpose of letting you use and enjoy the Application’ benefits in a way that these Terms allow.

5.2 Any software that we may provide to you automatically downloading and installing upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings or by the App itself.

5.3 You may not copy, modify, distribute, sell or lease any part of our App.

6. Respecting other people's rights

6.1 We respect the rights of others and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that:

6.1.1 violates or infringes on someone’s rights of publicity, privacy, copyright, trademark or other intellectual-property right;

6.1.2 bullies, harasses or intimidates;

6.1.3 defames.

6.2 You must also respect our rights. These Terms do not grant you any right to do any of the following (or enable anyone else do so):

6.2.1 use branding, logos, designs, photographsor any other materials used in our App;

6.2.2 copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the App except as authorized in these Terms;

6.2.3 use the App, any tools provided by the App or any content on the App for any commercial purposes without our consent.

7. Safety

7.1 We try hard to keep our App a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the App, you agree that:

7.1.1 You will not use the App for any purpose that is illegal or prohibited in these Terms.

7.1.2 You will not use any robot, spider, crawler, scraper or other automated means or interface to access the App or extract other users’ information.

7.1.3 You will not use or develop any third-party applications that interact with the App or other users’ content or information without our written consent.

7.1.4 You will not use the App in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the App or that could damage, disable, overburden or impair the functioning of the App.

7.1.5 You will not upload viruses or other malicious code or otherwise compromise the security of the App.

7.1.6 You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the App that you are not authorized to access.

7.1.7 You will not probe, scan or test the vulnerability of our App or any system or network.

7.1.8 You will not encourage or promote any activity that violates these Terms.

7.1.9 We also care about your safety while using our App. So please don’t use our App in a way that would distract you from obeying traffic or safety laws. For example, never use the App while driving.

8. Third-party services

8.1 If you use a service, feature or functionality that is operated by a third party and made available through our App (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

8.2 The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, resources and other content or items belonging to or originating from third parties (“Third-Party Content”).

8.2 Consideration of, connecting to, or allowing the use or establishment of any Third-Party Websites or any Third-Party Content doesn't infer endorsement or underwriting thereof by us. By using Third-Party Websites, you acknowledge and agree that Application is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at Third-Party Websites. In the event you choose to leave the Application and access the Third-Party Websites or to use or introduce any Third-Party Content, you do as such at your own danger, and you ought to know these Terms of Use presently don't oversee such connections.

8.3 You should survey the relevant terms and arrangements, including protection and information gathering rehearses, of any site to which you explore from the Application or identify with any Applications you use or introduce from the Application. Any buys you make through Third-Party Websites will be through different sites and from different organizations, and we assume no liability at all comparable to such buys which are solely among you and the material outsider. Application does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Websites or for any other materials, products, or services of third parties. Application is not responsible for the contents of, updates to, or privacy practices of third parties operating Third-Party Websites. The personal information you choose to give to such third parties is not covered by our privacy policies. You agree that you use Third-Party Websites at your sole risk. We highly recommend you review and familiarize yourself with the terms of use and privacy policies of all Third-Party Websites prior to using them.

8.4 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8.5 This application does not have Internal Ads and External Ads.

9. Modifying the Services and termination

9.1 We’re relentlessly improving our App all the time. This means that we may add or remove features, products or functionalities and we may also suspend or stop the App altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible.

9.2 Though we hope you remain a lifelong user of our App, you can terminate these Terms for you at any time and for any reason by deleting the App.

9.3 We may also terminate these Terms with you if you fail to comply with these Terms, the law or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with the App or impose any (new or additional) limits to your ability to use the App.

10. Indemnity

10.1 You agree, to the extent permitted by law, to indemnify, defend and hold harmless us and our affiliates, directors, officers, stockholders, employees, licensors, suppliers and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of or relating in any way to your access to or use of the App, your breach of these Terms.

11. Disclaimers

11.1 THIS APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION, THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION AT YOUR SOLE RISK. WE CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON THE APPLICATION IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS.

11.2 WE MAKE NO WARRANTY AND ASSUME NO OBLIGATION OR LIABILITY FOR SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT OF THIRD PARTIES. YOUR USE OF ANY THIRD-PARTY SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW EXCEPT AS EXPRESSLY SET FORTH HEREIN. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE THIRD PARTY’S LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE THIRD PARTY’S CONTENT OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A THIRD PARTY OR THEIR PRODUCTS OR SERVICES. WE DO NOT GUARANTEE THAT THE THIRD PARTY WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

12. Limitations of Liability

12.1 IN NO EVENT WE SHALL BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, ITS FUNCTIONS, LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR REASONABLE CONTROL.

12.2 IN NO EVENT WE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO US FOR SUBSCRIPTION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

12.3 The functioning of the Application is designed so that we engage various Advertising Partners' (Ad. Partners) whose advertising you may receive by using the Application. As for us, we inform you that all advertisements sent in connection with the use of the Application must contain an appropriate link to opt out of receiving them. At the same time, we declare that we are not the direct senders of such ads and cannot guarantee the possibility of opting out of them. Therefore, the responsibility for the compliance of advertising with legal requirements lies solely on the Ad Partners' as a third party. Advertising Partners agree not to rely on our approval of its advertising for compliance with the applicable law and not to make any claim that such adv. complies with the applicable laws and regulations based on our approval.

13. Dispute resolution

13.1 If you have a concern, let’s talk. We totally encourage you to contact us first at @@@ and we’ll do our best to resolve the issue.

14. Choice of law

14.1 This Agreement and your use of the Application are governed by and construed in accordance with the laws of Ukraine. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination shall be referred to and finally resolved by the courts of Ukraine.

15. Severability

15.1 If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

16. Subscription Service

16.1 If you purchase some features and functionalities of the App as a Subscription, you become our Subscriber. As consideration for the Subscription provided to the Subscriber, the Subscriber must pay fees in accordance with the Subscription Offer selected. The Subscriber may do this on the Application, in which case his/her purchase of the Subscription will be the subject to Google Play Terms of Service, available here. Please note that in some countries the prices displayed to customers must be equal to the amount paid at the time of payment. This means that all taxes (including VAT) must be included in the price. However, we, unfortunately, cannot provide you with tax advice. Please contact your tax advisor to find out how taxes may affect you and your Application Subscription payments. You can read more about it by the link.

16.2 For the avoidance of doubt, a Subscribers’ use of Subscription purchased on the Application will still be subject to these Terms of Use. Please note that purchases made via the Application will automatically renew at the end of the subscription period. The subscription can be canceled any time by logging in to your Google Play Account ® settings. For more details, please, use this link.

16.3 After the Subscription purchasing, the Subscriber will receive the additional options and settings on the Application, such as:

16.3.1 No ads;

16.3.2 Automatic RAM cleaning;

16.3.3 Auto scan.

16.4 The list of above-mentioned options may be updated from time to time by us.

16.5 As a Subscriber who purchases the Subscription, you hereby authorize us to bill you via your preferred payment method, details of which you provide with your Google Play Account ®, for the applicable fee in advance on the date of Subscription purchasing and each subscription period thereafter for the duration of your account.

17. Questions Regarding this Terms

17.1 If you have any questions regarding these Terms, you may contact our Support team [email protected].