Terms and Conditions

1. Interpretation and Definitions

1.1 Interpretation

Words with capitalized initial letters have meanings defined below. These definitions shall have the same meaning whether they appear in singular or plural.

1.2 Definitions

• “Application” means the software program provided by the Company downloaded by You on an Apple device, named “Darksy Cleaner”.
• “Application Store” means Apple Inc.’s digital distribution service (“Apple App Store”) where the Application is downloaded and where purchases are processed.
• “Company” (referred to as “the Company”, “We”, “Us” or “Our”) refers to “Darksy OÜ”, a company registered in Estonia.
• “Country” refers to Estonia.
• “Device” means any Apple device that can access the Service, such as an iPhone or iPad.
• “Service” refers to the Application and its features.
• “Subscription” refers to services or access to the Service offered on a subscription basis by the Company to You.
• “Content” means photos, videos, contacts, and other data stored on Your Device that You choose to scan, organize, or delete using the Service.
• “Third-Party Services” means services provided by third parties that the App may use for analytics, attribution, crash reporting, error monitoring, paywall/subscription infrastructure, and related operational purposes.
• “You” means the individual accessing or using the Service.

2. Acknowledgment

These Terms and Conditions govern the use of this Service and form the agreement between You and the Company. By downloading, accessing, or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access or use the Service.

You represent that You are at least the age of majority in Your jurisdiction, or that You have obtained parental or guardian consent to use the Service.

3. License and Restrictions

Subject to Your compliance with these Terms, the Company grants You a limited, non-exclusive, non-transferable, revocable license to download and use the Service for Your personal, non-commercial use on a Device that You own or control.

3.1 Restrictions

You agree not to (except to the extent permitted by applicable law):

• copy, modify, or create derivative works of the Service;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
• remove or alter any proprietary notices;
• use the Service in any unlawful manner or in violation of these Terms.

3.2 Ownership

The Service and all related intellectual property rights are owned by the Company and/or its licensors. All rights not expressly granted are reserved.

4. Privacy and Data Processing

Our Privacy Policy describes how we process information in connection with the Service. By using the Service, You agree that we can process information as described in the Privacy Policy.

Core cleaning operations (such as scanning and grouping items for deletion) are performed locally on Your Device. The Company does not upload or store Your photos, videos, or contact details on its servers for cleaning purposes.

The Service uses Third-Party Services for operational needs such as crash reporting, error monitoring, attribution, analytics, and subscription/paywall infrastructure. These services may process limited technical data and identifiers as described in the Privacy Policy.

5. Subscriptions and Payments

5.1 Subscription Period and Auto-Renewal

The Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (for example, weekly, monthly, or annually) as selected by You in the Application Store. Unless You cancel, Subscriptions renew automatically for the same period at the then-current price.

5.2 In-App Purchases and Billing

All billing and transactions are processed by the Application Store. You acknowledge that:

• Payment will be charged to Your Apple ID account at confirmation of purchase.
• The Company does not collect or store Your payment card or banking information.
• The Application Store may provide us limited purchase/transaction information necessary to validate your entitlement (Subscription access).

5.3 Free Trials (If Offered)

If a free trial is offered, it may automatically convert to a paid Subscription unless You cancel before the trial ends. Trial availability and length may vary and are shown in the Application Store.

5.4 Managing and Cancelling Subscriptions

You must manage and cancel Your Subscription through Your Apple ID account settings. To avoid being charged for the next period, You must cancel at least 24 hours before the end of the current period (or such other time window as stated by Apple).

5.5 Price Changes

Subscription prices may change. Where required, Apple will notify You and/or request Your consent prior to charging a new price.

6. Refunds and Refund Support

6.1 Refunds

IMPORTANT: Purchases and refunds are handled by Apple through the Application Store. The Company cannot directly issue refunds. Refund requests are subject to Apple’s policies and decision-making.

6.2 How We Can Help (Using Apple Purchase Data)

While Apple decides whether a refund is granted, we may assist You with refund-related support by using Apple-provided purchase information (such as transaction/receipt identifiers and entitlement status) to:

• identify the relevant purchase and confirm current entitlement status;
• troubleshoot access issues related to subscriptions;
• guide You to Apple’s refund request process (for example, Apple’s “Report a Problem” flow);
• where supported, present Apple’s in-app refund request sheet so You can submit a refund request directly to Apple from within the App.

We use such purchase information only for support, fraud prevention, record-keeping, and entitlement management purposes, and do not make the final refund decision.

7. Third-Party Services and SDKs

The Service may use Third-Party Services to operate and improve the Service, including crash reporting, error monitoring, analytics, attribution, and subscription/paywall infrastructure. These third parties may process limited technical data and identifiers as described in the Privacy Policy.

7.1 App Tracking Transparency (ATT)

If the Service engages in “tracking” as defined by Apple, the Service will request Your permission via Apple’s App Tracking Transparency prompt before accessing the Identifier for Advertisers (IDFA), where required. If You decline permission, the Service will not access IDFA for tracking, and attribution may rely on Apple-provided mechanisms and other non-tracking signals.

8. “As Is” Disclaimer and Limitation of Liability

8.1 Data Safety Disclaimer

The Service provides tools to help You organize and delete Content. You are solely responsible for reviewing items selected for deletion before confirming deletion. Deleting Content may be irreversible. We strongly recommend maintaining backups of Your Device.

The Company is not liable for accidental loss or deletion of Content resulting from Your use of the Service, including user error or device/system behavior.

8.2 Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.3 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenue, arising out of or related to Your use of the Service.

To the maximum extent permitted by applicable law, the Company’s total liability for any claim arising out of or relating to the Service shall not exceed the amount actually paid by You for the Service in the 12 months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability; in such cases, these limitations apply only to the extent permitted by law.

8.4 Indemnification (To the Extent Permitted by Law)

To the extent permitted by applicable law, You agree to indemnify and hold harmless the Company from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to Your misuse of the Service or violation of these Terms.

9. Termination

We may suspend or terminate Your access to the Service if You materially breach these Terms, if required to do so by law, or if necessary to protect the Service, users, or the Company. You may stop using the Service at any time. Termination does not affect any rights or obligations that arose before termination.

10. Governing Law and Disputes

10.1 Governing Law

The laws of Estonia, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. If You are a consumer in the European Union (or another jurisdiction with mandatory consumer protections), nothing in these Terms limits Your mandatory rights under applicable law.

10.2 Dispute Resolution

If You have any concern or dispute, You agree to first try to resolve it informally by contacting the Company at [email protected].

For EU consumers, the European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr.

11. EU Consumer Rights (Right of Withdrawal)

If You are an EU consumer, by purchasing a Subscription, You request immediate performance of the Service and acknowledge that You may lose the right of withdrawal once the digital service/content is provided, as applicable under EU consumer rules. This does not affect Your rights regarding Apple’s refund policies or any mandatory consumer rights.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date above. If changes are material, we may provide additional notice within the Service where feasible. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

13. Severability, Waiver, and Assignment

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

14. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]
• Company details: Darksy OÜ, Estonia