Terms of Use
Last Updated: Mon 5 Sep, 2022
These Terms of Use (these “Terms”) form part of the agreement described below between We Optimize Limited (incorporated in England under number 14162466) (“we”, “us” or “our”) and you governing your use of the Speedy Clean app (the “App”) and our related webpages and services (collectively, our “Services”).
Please note that these Terms contain an arbitration provision for U.S. users (Section 3) and limitations of liability for all users (Section 14) that affect your legal rights.
Our Subscriptions are only available through External Services (e.g., your Apple App Store or Google Play account). You must cancel through your External Service, as set forth in more detail in Section 6. For example, if you subscribed through your Apple ID, refunds are handled by Apple, not we. You can cancel your Subscription or request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.
If you do not accept and agree to these Terms and our Policies then you must not access or use any of our Services.
1. Acceptance of Agreement
By creating an Account with us (as defined below) or otherwise agreeing to these Terms, whether through an Internet browser or an application, you agree to be bound by (i) these Terms of Use, (ii) our Privacy Notice, (iii) any other policies or guidelines we make available to you on the Services, each of which is incorporated by reference into this Agreement, and (iv) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Services (collectively, this “Agreement”). If you purchase a Subscription to our Services, this Agreement governs along with any additional terms may apply to your Subscription.
We may modify this Agreement from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. We will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).
2. Eligibility and Account
(a) Eligibility. You are not authorized to create an account or access or use the Services unless all of the following are true:
(i) you are at least 18 years of age;
(ii) you can form a binding contract with us;
(iii) you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition);
(iv) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and
(v) only if you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services.
(b) Accounts. We create an account for you when you first order a Subscription, using the information you provide to us through your External Service Account (your “Account”). You may choose to provide us additional information in your Account. Access to your Account is provisioned solely through your External Service Account. Your Account with us does not have an independent means of access (such as a username and password combination).
3. Governing Law and Arbitration for users in the United States
(a) The laws of the State of California apply to this Agreement, including any dispute arising out of or in connection with it or relating to your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
(b) If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by us, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of any person(s). All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by us in California. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, we shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.
4. Governing Law and Jurisdiction for users outside the United States
(a) For users outside the United States, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
(b) You and we irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
(c) Alternatively, you may raise the dispute with an alternative dispute resolution body in your home jurisdiction (including, if you are in the European Union and the United Kingdom remains a member state of the European Union at the time of the dispute via the EU Commission’s Online Dispute Resolution (ODR) Platform.
5. Pricing, Billing and Payment
(a) Pricing. Our paid Services are available through subscriptions of various durations, including lifetime licenses (“Subscriptions”). Subscriptions are available only through your external account with our authorized providers, including the Apple App Store and the Google Play (“External Services”).
(i) Our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
(ii) When making a purchase on the Service, you must pay through your External Service account (“External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
(iii) We reserve the right to change the cost of our Subscriptions at any time. Such change will become effective only after the expiration of the then-current Period and after you receive notice of such change through your External Service Account no fewer than fifteen (15) days before the end of the then-current Period. You may cancel a Subscription at any time through your External Service Account. Please note, however, that cancellations are effective at the end of your current Subscription period.
(b) Subscriptions. Our Subscriptions are continuous. Subscriptions begin the date you first purchase a Subscription and, except for lifetime licenses, renew on a recurring basis for periods of the same duration as your initial Subscription period until canceled.
Lifetime licenses are one-time purchases granting access to the Services specified in the license, through the applicable External Service Account, on a perpetual basis.
(c) Chargebacks. If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your account immediately in its sole discretion. we will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.
(d) Discount Promotions. If you receive a discount promotion during your initial or current Subscription period, your Services will automatically renew at the non-discounted price presented to you during the creation of your Subscription or as otherwise made available to you in advance of your Subscription’s renewal.
We may also offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be used to change the pricing of a Subscription, subject to any additional terms that the Company establishes. You agree that Promos: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promos; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
(e) Free Trials. From time to time, to the extent legally permitted, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. WHEN YOUR FREE TRIAL ENDS, WE (OR OUR PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL.
INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 6. PLEASE NOTE THAT YOU MAY NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN, BUT EXTERNAL SERVICES WILL GENERALLY NOTIFY YOU OF THESE EVENTS ON AN ONGOING BASIS IN ACCORDANCE WITH THEIR POLICIES AND PRACTICES.
WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
6. Cancellation, Termination and Refunds
(a) Cancellation. You must cancel your Subscription through the External Service Account through which you purchased it.
(i) To cancel your Subscription, you must cancel it through mechanisms made available by the applicable External Service. For Subscriptions purchased through the Apple App Store, see https://support.apple.com/en-us/ht202039. For Subscriptions purchased from Google Play, see https://support.google.com/googleplay/answer/2476088?hl=en .
(ii) Canceling your Subscription will result in the automatic deletion of your Account after your Subscription period ends.
(iii) For subscribers residing in the EU, EEA, UK, and Switzerland:
(A) In accordance with local law, you are entitled to a full refund during the 14 days after the Subscription begins. Please note that this 14-day period commences when the Subscription starts.
(b) Termination by us.
(i) We may suspend or terminate your Account and/or Subscription if we reasonably believe that (i) you are in breach of this Agreement or our Policies; or (ii) your continued use of the Services may damage, disable or impair our servers or networks.
(ii) Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if we terminate your Account and/or Subscription in accordance with this Section 6(d).
(c) Effects of Cancellation or Termination. Upon Account closure or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have access any of our applications.
7. External Services.
(a) You acknowledge and agree that this Agreement are solely between you and us, not any External Service, and that no External Service is responsibility for our mobile app or content thereof. Your use of our mobile app must comply with the App Store’s applicable terms of use. You acknowledge that External Services have no obligation whatsoever to furnish any maintenance and support services with respect to our mobile app.
(b) In the event of any failure of our mobile app to conform to any applicable warranty, you may notify the applicable External Service, and the applicable External Service may refund the purchase price, if any, for our mobile app to you. To the maximum extent permitted by applicable law, the applicable External Service will have no other warranty obligation whatsoever with respect to our mobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
(c) You and we acknowledge that the applicable External Service is not responsible for addressing any claims of yours or any third party relating to our mobile app or your possession and/or use of our mobile app, including, but not limited to: (a) product liability claims, (b) any claim that our mobile app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and we acknowledge that, in the event of any third party claim that our mobile app or your possession and use of that App infringes that third party’s intellectual property rights, we, not the applicable External Service, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You must comply with applicable third party terms of agreement when using our mobile app. You and we acknowledge and agree that the applicable External Service, and the applicable External Service’s subsidiaries, are third party beneficiaries of this Agreement as they relate to your use of our mobile app, and that, upon your acceptance of this Agreement, the applicable External Service will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
8. License and Use of the Services
(a) Scope of License. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to install our software necessary to use the Services (the “Licensed Software”) only through the External Service Account which created and manages your Subscription. You may transfer your license from one device to another by contacting us. If you wish to use the Services on multiple devices, you must obtain a separate license for each device or a multi-device license by purchasing an additional license or licenses package. This license permits you to use the Licensed Software for the sole and exclusive purpose of using the Services. We reserve all other rights to the Licensed Software. Your license to use the Licensed Software is subject to the limitations set out in this section of the Agreement. If you do not agree with the terms of this license, you must cancel your account and stop accessing the Services.
(b) Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the Licensed Software. You may not rent, lease, lend or transfer the Licensed Software, or host the Licensed Software for third parties. The Licensed Software is licensed as a single integral product and may not be separated for use on more than one computer. The Licensed Software may include copy protection technology to prevent the unauthorized copying of the Licensed Software or may require original media for use of the Licensed Software on the computer. It is illegal to make unauthorized copies of the Licensed Software or to circumvent any copy protection technology included in the Licensed Software.
(c) Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by us. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.
(d) Redistribution. You may not redistribute the Services or provide others with access to, or use of, them, unless you have entered into a separate reseller agreement or other agreement with us that expressly authorizes you to engage in this activity. You may ask us for permission to have business or reseller use and distribution of Licensed Software by contacting us.
(e) Trial Licenses. If you received a free trial or evaluation license, we grant you a non-exclusive, non-transferable, limited license to use the Services during the trial or evaluation period in accordance with this Agreement. The free trial and evaluation license is only valid for your use of the Services on one device and is limited to one trial license or evaluation license per calendar year per device. Your license to use the Services will terminate upon the expiration or termination of such trial or evaluation period. If you have any marketing codes that allow you to extend the term of your trial you must enter such codes at the time of your initial purchase in order for them to be applied to your account.
(f) Compatibility with the Licensed Software. You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the Services. We are not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use the Services outside it control.
(g) Maintenance of the Licensed Software. From time to time, we may make improvements, upgrades or modifications to the Licensed Software available to our customers. Please see Modification and Updates to the Services.
9. Modification and Updates of the Services
(a) We may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers. You hereby consent to automatic updates to the Services you have installed on your device or computer. You understand and agree that out-of-date builds or installations of the Services may not function properly, and that we may disable their ability to interact with the current Services, for any of the foregoing reasons.
10. Use of your Personal Information
(a) Collection and Use of Personal Information. Because our Subscriptions and lifetime licenses are available only through External Services, you generally control whether we receive any personal information about you. Any personal information we receive is treated in accordance with our Privacy Notice, incorporated herein by reference.
11. Intellectual Property
All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, We Optimize Limited. The ownership of all intellectual property rights relating to the Services shall remain with We Optimize Limited and our licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner our or our licensor’s intellectual property rights.
12. Limited Warranty
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, WE OPTIMIZE LIMITED AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.
13. Disclaimer & Indemnity
(a) You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that we exercise no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on equipment we control.
(b) You agree to indemnify, defend and hold harmless (i) We Optimize Limited, our officers, directors, employees, agents, licensors, suppliers and (ii) any third party providers of information or services to us and each of their respective employees, agents, subcontractors, affiliates and contractors (“Indemnitees”), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or your violation of any applicable laws, rules or regulations. In the event that any Indemnitee is subject to any claim for which such entities have the right to be indemnified by you, it will have the right to, at your expense, assume the exclusive defense and control of any such claim, and you will not in any event settle any claim without that Indemnitee’s prior written consent.
14. Limitation of Liability
(a) WE OPTIMIZE LIMITED AND OUR DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, INTERRUPTION OF BUSINESS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, including if ARISING OUT OF (I) INTERRUPTION TO OR UNAVAILABILITY OF THE SERVICES; (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, AND/OR (IV) THE DISCLOSURE OF INFORMATION PURSUANT TO THIS AGREEMENT OR PRIVACY POLICY
(b) OUR LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT OF FEES PAID, IF ANY, BY YOU IN THE TWELVE MONTHS PRIOR TO THE CLAIM (OR FOR ANY INITIAL TERM OR RENEWAL TERM OF MORE THAN 12 MONTHS, THE FEES PAID FOR THAT INITIAL TERM OR RENEWAL TERM).
(c) This Section 11 does not apply (i) where and to the extent such liability cannot be limited or excluded in accordance with applicable law and (ii) for all European non-business customers, to the extent that such loss arises from our failure to provide the Services using reasonable skill and care.
(d) The terms of this paragraph shall survive any termination of this Agreement.
15. Assignment and Delegation by We Optimize Limited
We may, in our sole discretion, transfer or assign all or part of our rights under this Agreement, and may novate or transfer all or any portion of our duties and obligations under this Agreement. We may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 16, you should discontinue your use of the Services and cancel your account.
16. Assignment and Delegation by You
You may only assign or part with any of your rights under this Agreement following a satisfactory credit check of the person you wish to transfer your rights to and completion by them of our sign-up process. If you wish to transfer your rights to a third party, please contact us.
17. Notices
Because we do not obtain your contact information, we are unable to provide you with notices of changes to this Agreement. However, this Agreement is viewable online at [ ] and through links in our External Services pages. Please reference those sources to ensure you remain aware of the most recent version of this Agreement.
18. Entire Agreement
This Agreement (including the items incorporated by reference and modifications that may be made from time to time by us), constitute the entire agreement between We Optimize Limited and you regarding the Services, and supersedes all prior agreements between you and us regarding the subject matters hereof. Any item or service furnished by us in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.
19. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
20. No Waiver
We reserve our rights to take all legal steps available to enforce this Agreement. Our failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of our rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with us shall be effective unless expressly stated in writing and signed by both parties.
21. Our Contact information
If you have any questions or comments, please contact us at enquiries@protected.net or postal mail to:
We Optimize Limited
Larch House,
Parklands Business Park,
Denmead,
Hampshire,
PO7 6XP,
United Kingdom
© We Optimize Limited