SweepGet the appGet the app

Terms of Use

Effective October 13, 2026Last updated October 13, 2026

Contents

PLEASE READ THESE TERMS CAREFULLY. SECTION 20 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS THAT APPLY IF YOU RESIDE IN THE UNITED STATES. THEY AFFECT HOW DISPUTES ARE RESOLVED, AND YOU MAY OPT OUT OF THEM WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 20.11. SECTIONS 17 AND 18 CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY.

THE APP DELETES, REPLACES AND MODIFIES PHOTOS, VIDEOS AND OTHER MEDIA IN YOUR PHOTO LIBRARY WHEN YOU INSTRUCT IT TO DO SO. EVERY SUCH ACTION IS YOUR DECISION AND YOUR SOLE RESPONSIBILITY. YOU MUST MAINTAIN A COMPLETE AND CURRENT BACKUP OF YOUR PHOTO LIBRARY. FERRIX LABS HAS NO COPY OF YOUR MEDIA AND CANNOT RECOVER IT. SEE SECTIONS 8 AND 9.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY RIGHT OR REMEDY THAT YOU HAVE UNDER THE MANDATORY CONSUMER PROTECTION LAW OF YOUR PLACE OF RESIDENCE WHERE THAT RIGHT OR REMEDY CANNOT BE EXCLUDED OR LIMITED BY CONTRACT. SEE SECTION 22.

1Agreement and Acceptance

1.1Parties

These Terms of Use (these "Terms") are a legally binding agreement between you and Ferrix Labs Inc., a corporation incorporated in Canada ("Ferrix Labs", "we", "us" or "our"). They govern your access to and use of (a) the mobile software application known as "Sweep", in each and every version, edition, release and update made available from time to time (the "App"), (b) the website located at sweep.photos, together with its subdomains, pages and any successor domain (the "Website"), and (c) all features, functionality, content, communications, offers, subscriptions, purchases and services made available by or on behalf of Ferrix Labs through or in connection with the App or the Website (collectively with the App and the Website, the "Services").

1.2Acceptance

By downloading, installing, accessing or using any part of the Services, by making a Purchase, or by selecting or tapping any button or control that indicates acceptance of these Terms, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, access or use the Services, and you must delete the App.

1.3Additional terms

Particular features, Offers or promotions may be subject to additional terms presented to you in connection with them ("Additional Terms"), which form part of these Terms. In the event of a conflict between these Terms and Additional Terms, the Additional Terms prevail with respect to the feature, Offer or promotion concerned.

1.4Privacy Policy

The Sweep Privacy Policy available at sweep.photos/privacy (the "Privacy Policy") describes how Ferrix Labs processes personal information in connection with the Services. You acknowledge that you have read and understood the Privacy Policy. The Privacy Policy is a notice and does not form part of these Terms, except where these Terms expressly refer to it.

1.5Prior versions

These Terms supersede and replace all prior versions of the terms of use of the Services with effect from the Effective Date, and govern all access to and use of the Services on or after the Effective Date, including in respect of Purchases made before the Effective Date, to the extent permitted by applicable law.

2Definitions and Interpretation

2.1Definitions

In these Terms, the following capitalized terms have the meanings set out below.

  • "Apple" means Apple Inc. and its subsidiaries.
  • "Apple Account" means the account you hold with Apple through which you obtain the App and make Purchases.
  • "App Store" means the digital distribution platform operated by Apple through which the App is made available.
  • "Consumer" means a natural person who acts wholly or mainly for purposes outside that person's trade, business, craft or profession.
  • "Device" means the mobile telephone or other hardware on which you install, access or use the App, or by which you access the Website.
  • "Dispute" has the meaning given in Section 20.3.
  • "Effective Date" means the date stated as the effective date at the top of these Terms or of any amended version of them.
  • "Ferrix Labs Parties" means Ferrix Labs, its present and future affiliates, and their respective directors, officers, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns.
  • "Free Tier" means the features of the App that Ferrix Labs makes available without charge, subject to the limits described in Section 10.1.
  • "Library Action" means any deletion, replacement, compression, conversion, creation, renaming, modification or deletion of an album, addition or removal of items to or from an album, change of favorite status, or other creation, alteration or removal of Media Content or of the organization of your photo library, that the App performs or initiates.
  • "Lifetime Purchase" means a one-time, non-renewing Purchase of access to Sweep PRO that is designated as "lifetime" or by a similar term.
  • "Mandatory Consumer Law" means any law that applies to you as a Consumer and that grants you a right or remedy that cannot be excluded, restricted or modified by contract.
  • "Media Content" means the photographs, videos, Live Photos, screenshots, screen recordings, bursts and other media items stored in, or accessible through, the photo library of your Device or any cloud photo library synchronized with it, together with the metadata, attributes, edits and associations of such items.
  • "Offer" means any free trial, introductory offer, promotional offer, win-back offer, offer code, limited-time offer, discounted offer, second-chance offer, upgrade, crossgrade or other offer relating to Sweep PRO.
  • "Purchase" means any purchase, through the App Store, of a Subscription, a Lifetime Purchase or any other paid product or Offer relating to the Services.
  • "Subscription" means an auto-renewable subscription to Sweep PRO, whether billed weekly, annually or for any other period.
  • "Sweep PRO" means the features, functionality and benefits of the Services that Ferrix Labs designates from time to time as requiring a Purchase, which as at the Effective Date include unlimited deletions, video compression, Live Photo conversion, album management and storage analysis.

2.2Interpretation

In these Terms, (a) "including", "include" and "for example" are illustrative and mean "including without limitation", (b) "or" is not exclusive, (c) the singular includes the plural and the reverse, (d) headings are for convenience only and do not affect interpretation, (e) a reference to a law includes that law as amended, replaced or supplemented, together with its subordinate legislation, (f) a reference to a Section is a reference to a section of these Terms, and (g) a right of Ferrix Labs to act "at any time" or "in its discretion" is subject to Section 22 and to Mandatory Consumer Law.

3Eligibility

3.1Minimum age

You may use the Services only if you have reached the age of thirteen (13) years, or such higher age as the law of your place of residence sets as the minimum age at which a person may use the Services, or consent to the processing of personal information in connection with them, without the consent of a parent or guardian, which is sixteen (16) years in certain jurisdictions. If you have not reached the age of majority in your place of residence, you may use the Services only with the involvement and consent of your parent or legal guardian, who must review and agree to these Terms on your behalf and who is responsible for your use of the Services and for any Purchase made by you or through your Apple Account.

3.2Capacity and restrictions

By using the Services, you represent and warrant that (a) you meet the requirements of Section 3.1, (b) you have the legal capacity to enter into these Terms, or your parent or legal guardian has agreed to them on your behalf, (c) you are not prohibited from using the Services under the laws of any applicable jurisdiction, and (d) you comply with Section 24.

3.3Personal use

The Services are made available for your personal, non-commercial use. If you access or use the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms, in which case "you" includes that organization, and Section 22 does not apply to that organization.

4Changes to these Terms

4.1Amendments

Ferrix Labs may amend these Terms at any time. An amended version takes effect on the Effective Date stated in it, which will be no earlier than the date of its publication on the Website. Where an amendment is material, Ferrix Labs will provide notice by such means as it considers appropriate, which may include a notice in the App, on the Website or by email where you have corresponded with Ferrix Labs. Your continued access to or use of the Services after the Effective Date of an amended version constitutes your acceptance of it. If you do not agree to an amended version, your sole remedy is to stop using the Services, to delete the App and to cancel any Subscription through your Apple Account.

4.2Limits

No amendment applies to a Dispute of which either party gave notice under Section 20.1, or which was filed in any court or arbitral forum, before the Effective Date of the amendment. Amendments to Section 20 are also subject to Section 20.12. Section 22 sets out additional conditions that apply to Consumers in certain jurisdictions. Quebec notice: this Section 4 applies to Consumers residing in Quebec only in accordance with Section 22.6(c).

5The Services

5.1Description

The Services are a tool for reviewing, organizing and managing Media Content on your Device. They may include, from time to time, the sorting of Media Content by swiping or other gestures, the identification of duplicate and visually similar items, screenshots, videos, blurred items and other categories, the compression of videos, the conversion of Live Photos into still images, the creation and management of albums, the presentation of Media Content captured on the same date in prior years, storage analysis, local and remote notifications, home screen quick actions, and such other features as Ferrix Labs may introduce. The Services are not a backup, archival, storage, synchronization or data recovery service.

5.2Changes to the Services

Ferrix Labs may at any time add, modify, replace, suspend, limit or discontinue any part of the Services, including any feature of the Free Tier or of Sweep PRO, any limit, any Offer and any version of the App, temporarily or permanently, with or without notice, for any reason, including security, legal or regulatory requirements, changes to the App Store, to Apple's operating systems or frameworks or to third-party services, the improvement or redesign of the Services, and the commercial viability of any feature. Ferrix Labs will have no liability to you or to any third party for doing so, except as provided in Section 22.

5.3Experiments

Ferrix Labs may at any time test variations of the features, designs, content, copy, limits, prices and Offers of the Services, and may include you in such tests without notice. As a result, your experience of the Services, including the prices and Offers presented to you, may differ from that of other users.

5.4Updates

Ferrix Labs may provide updates, upgrades and new versions of the App, which may be installed automatically in accordance with the settings of your Device and which may be required to continue using the Services. Ferrix Labs is under no obligation to provide any update, to continue to support any version of the App, operating system or Device, or to make any feature available on any particular Device. Prior versions of the App may cease to function, in whole or in part, at any time.

5.5Requirements

Use of the Services requires a compatible Apple-branded Device running a supported version of its operating system, sufficient available storage and, for certain functions (including Purchases, the download of Media Content stored in a cloud photo library, notifications and the retrieval of configuration), an Internet connection. You are solely responsible for obtaining and maintaining your Device, its software and your Internet connection, and for all charges imposed by your network provider, including data charges incurred in downloading Media Content from a cloud photo library.

5.6Availability

Ferrix Labs makes no representation that the Services are available, appropriate or lawful for use in any particular location, and may restrict the availability of the Services, or of any feature or Offer, in any location. You are responsible for compliance with the laws of the place from which you access the Services.

5.7Illustrative content

Animations, figures, counters, progress indicators, storage estimates, projected savings, screenshots, demonstrations and other content displayed in the App, on the Website, on the App Store or in advertising for the Services are illustrative only, may not reflect the results that you will obtain on your Device, and do not constitute a representation or warranty of any result. Estimates of the storage occupied by Media Content, of the storage that a Library Action may release and of the size of a compressed copy are estimates only. The storage actually released by a Library Action depends on factors outside Ferrix Labs' control, including the operation of the "Recently Deleted" album, the synchronization of a cloud photo library, and the management of storage by the operating system of your Device.

6License

6.1Grant

Subject to your continuing compliance with these Terms, Ferrix Labs grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to download, install and use the App, in object code form, on Apple-branded Devices that you own or control, as permitted by the Usage Rules set out in Apple's Media Services Terms and Conditions (the "Usage Rules"), and to access and use the Website, in each case solely for your personal, non-commercial purposes.

6.2Reservation of rights

The App is licensed, not sold, to you. Ferrix Labs and its licensors retain all right, title and interest in and to the Services. All rights not expressly granted to you in these Terms are reserved.

6.3Open-source components

The App may contain software components licensed under open-source licenses. To the extent required by such a license, its terms govern your use of the component concerned, and nothing in these Terms restricts any right that such a license grants to you.

7Restrictions and Acceptable Use

You must not, and must not attempt to or permit any other person to, (a) copy, modify, adapt, translate or create derivative works of the Services, (b) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, algorithms, models or structure of the App, except to the extent that applicable law expressly permits such activity notwithstanding this restriction, (c) circumvent, disable or interfere with any paywall, entitlement, limit, license verification, security measure or technical protection of the Services, (d) manipulate the date, time, settings or data of your Device or of the App, reinstall the App, or use multiple installations or accounts, for the purpose of obtaining additional Free Tier allowances, trials or Offers to which you are not entitled, (e) make any Purchase, refund request or chargeback fraudulently or abusively, (f) rent, lease, lend, sell, resell, sublicense, distribute or otherwise make the Services available to any third party, or use them for commercial purposes or for the benefit of any third party, (g) use any robot, script or other automated means to access or use the Services, (h) interfere with, disrupt or impose an unreasonable burden on the Services or on the systems and networks of Ferrix Labs or its service providers, (i) remove, alter or obscure any proprietary notice in the Services, (j) use the Services to process Media Content in violation of the rights of any person or of any law, (k) access or use the Services to build or benchmark a competing product or service, or (l) use the Services in violation of these Terms, the Usage Rules or any applicable law.

8Permissions, Media Content and Library Actions

8.1Permissions

The Services request access to features and data of your Device, including your photo library and notifications, and present the tracking permission of your Device's operating system. You may grant, limit or withdraw these permissions at any time through the settings of your Device. If you do not grant a permission, or limit or withdraw it, the features that depend on it will be unavailable or limited, and Ferrix Labs is not responsible for any resulting loss of functionality.

8.2Your Media Content

As between you and Ferrix Labs, you retain all rights in your Media Content, and Ferrix Labs claims no ownership of it. The App processes Media Content on your Device, and Ferrix Labs does not receive, hold or store a copy of your Media Content, except any Media Content that you choose to send to Ferrix Labs. You represent and warrant that you have all rights necessary to possess, view, organize, modify and delete the Media Content that you process with the Services.

8.3Library Actions at your instruction

Every Library Action is initiated by you. Where the operating system of your Device requires, a Library Action that deletes or replaces Media Content takes effect only after you confirm it in a prompt presented by Apple's operating system. By initiating or confirming a Library Action, you authorize and direct the App to perform it, and you acknowledge that the App acts solely as a tool operated by you and at your direction. Actions that apply to a selection, a group, a category or all items apply to every item included in that selection, group, category or set, including items not visible on screen at the time.

8.4Deletion and the Recently Deleted album

When you delete Media Content through the App, the operating system of your Device moves it to the "Recently Deleted" album of the Photos application, where it may be recovered through that application for a period determined by Apple, which as at the Effective Date is up to approximately thirty (30) days, after which the operating system deletes it permanently. You may also empty the "Recently Deleted" album earlier. The existence, duration, operation and reliability of the "Recently Deleted" album are determined solely by Apple, may change at any time, and may fail or be unavailable. The storage occupied by deleted Media Content is ordinarily not released until it is removed from the "Recently Deleted" album. Once Media Content has been removed from the "Recently Deleted" album, it cannot be recovered by Ferrix Labs, and may not be recoverable by any means.

8.5Video compression

Video compression creates a new, smaller copy of a video and, once you confirm the deletion of the original in a prompt presented by the operating system, deletes the original, which is moved to the "Recently Deleted" album in accordance with Section 8.4. Compression is a lossy process that may reduce the resolution, frame rate, bit rate and visual and audio quality of a video. The compressed copy is a new item and may not preserve all characteristics, metadata, edits, adjustments, effects, captions, associations, sharing status or other attributes of the original, notwithstanding any statement that particular attributes are preserved. Compression may require the download of the original from a cloud photo library, may continue while the App is not in use, may consume storage, data, battery and processing resources, and may fail, be interrupted or produce a defective copy. Where you decline to delete the original, the App may retain the compressed copy for a limited period and then delete it automatically. You are solely responsible for verifying each compressed copy before the original is permanently deleted.

8.6Live Photo conversion

Converting a Live Photo into a still image creates a new still image and, once you confirm the deletion of the original in a prompt presented by the operating system, deletes the original Live Photo, which is moved to the "Recently Deleted" album in accordance with Section 8.4. The motion and audio components of the Live Photo, and any attribute not carried over to the still image, are permanently lost once the original is permanently deleted.

8.7Automated features

The classification of Media Content into categories, the detection of duplicate and similar items, the selection of a suggested "best" item, the pre-selection of items, the identification of blurred or screenshot items or of items saved by other applications, the presentation of Media Content from prior years, and all other automated features of the Services are generated by automated means, are suggestions only, and may be inaccurate, incomplete or unsuited to your intentions. Items may be pre-selected for a Library Action. You must review every item before you initiate or confirm a Library Action.

8.8Cloud photo libraries and shared libraries

If your Device synchronizes your photo library with iCloud Photos or any other cloud service, a Library Action performed on your Device will ordinarily be applied to that cloud service and to every other device synchronized with it. If your photo library includes a shared library or shared album, a Library Action may affect Media Content contributed by, and visible to, other participants. You are solely responsible for ensuring that you are entitled to perform each Library Action and for its effects on other devices and persons.

8.9Background processing and notifications

The App may analyze Media Content, compress videos and perform other processing while it is not in active use, which may consume battery, storage, data and processing resources. The Services may display Media Content, or information derived from it, in the App, in notifications, in features that present Media Content from prior years and in other system interfaces, including on the lock screen of your Device. Such Media Content is selected by automated means and may include content that you regard as private, sensitive or distressing. You are responsible for the notification and privacy settings of your Device and for controlling access to it.

8.10Sharing

If you use a sharing function of the App, the selected Media Content is transmitted, through the sharing interface of the operating system, to the recipient, application or service that you select, and Ferrix Labs is not responsible for its transmission, receipt or further use.

9Your Responsibility, Backups and Assumption of Risk

9.1Sole responsibility

YOU ARE SOLELY RESPONSIBLE FOR EVERY LIBRARY ACTION AND FOR ITS CONSEQUENCES, INCLUDING THE SELECTION OF MEDIA CONTENT, THE REVIEW OF AUTOMATED SUGGESTIONS AND PRE-SELECTIONS, THE CONFIRMATION OF EVERY OPERATING-SYSTEM PROMPT, THE VERIFICATION OF EVERY COMPRESSED COPY AND CONVERTED IMAGE, AND THE MANAGEMENT OF THE "RECENTLY DELETED" ALBUM.

9.2Backups

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING A COMPLETE, CURRENT AND INDEPENDENT BACKUP OF YOUR MEDIA CONTENT BEFORE USING THE SERVICES AND AT ALL TIMES WHILE USING THEM. A CLOUD PHOTO LIBRARY THAT SYNCHRONIZES DELETIONS IS NOT A BACKUP.

9.3Assumption of risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU ASSUME ALL RISK OF THE DELETION, REPLACEMENT, ALTERATION, DEGRADATION, CORRUPTION OR LOSS OF MEDIA CONTENT, AND OF THE LOSS OF ITS METADATA, ATTRIBUTES, ASSOCIATIONS OR SENTIMENTAL VALUE, ARISING FROM OR IN CONNECTION WITH ANY LIBRARY ACTION OR ANY OTHER USE OF THE SERVICES.

9.4No liability for loss of Media Content

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE FERRIX LABS PARTIES IS LIABLE FOR ANY DELETION, REPLACEMENT, ALTERATION, DEGRADATION, CORRUPTION OR LOSS OF MEDIA CONTENT OR OTHER DATA, WHETHER RESULTING FROM A LIBRARY ACTION, FROM AN AUTOMATED FEATURE, FROM THE OPERATION OR FAILURE OF THE OPERATING SYSTEM, OF THE "RECENTLY DELETED" ALBUM OR OF ANY CLOUD SERVICE, OR FROM ANY OTHER CAUSE, AND FERRIX LABS HAS NO OBLIGATION OR ABILITY TO RECOVER ANY MEDIA CONTENT. This Section 9 is subject to Section 22. Quebec notice: Sections 9.3 and 9.4 do not apply to Consumers residing in Quebec to the extent the Consumer Protection Act (Quebec) renders them inapplicable.

10Free Tier and Sweep PRO

10.1Free Tier

The Free Tier is provided without charge and is subject to limits, including a limit on the number of items that you may delete during each day or other period, which may be increased by bonuses linked to your use of the App. Ferrix Labs may set, vary, increase, decrease, suspend or remove any such limit or bonus, and the conditions on which it applies, at any time and in its discretion, including by experiment and by remote configuration, and limits may differ between users. Unused allowances do not carry over. Certain features are available only with Sweep PRO, and the App may present paywalls and Offers when you attempt to use them or at other times.

10.2Sweep PRO

Sweep PRO is available through a Subscription or a Lifetime Purchase. The features included in Sweep PRO are those that Ferrix Labs designates from time to time. Subject to Section 22, Ferrix Labs may add, modify or remove features of Sweep PRO, move features between Sweep PRO and the Free Tier, and introduce new paid products.

11Purchases, Subscriptions and Billing

11.1Purchases through the App Store

All Purchases are made through the App Store using your Apple Account and are subject to Apple's Media Services Terms and Conditions and other applicable Apple terms and policies. Apple processes your payment, collects any applicable taxes and administers billing, renewals, cancellations and refunds. Ferrix Labs does not receive or store your payment card or payment instrument details. By making a Purchase, you authorize Apple to charge the price of the Purchase, together with applicable taxes, to the payment method associated with your Apple Account.

11.2The purchase confirmation controls

Before you complete a Purchase, Apple presents a purchase confirmation stating the product, its price, its billing period and any Offer that applies to it. In the event of any inconsistency between the purchase confirmation presented by Apple and any description of the Purchase in the App, on the Website, on the App Store or in any advertising, the purchase confirmation presented by Apple controls. Eligibility for free trials and other Offers is determined by Apple and by Ferrix Labs, and information about free trials and Offers presented in the App is general and may not reflect your individual eligibility. If you are not eligible for a free trial or Offer, you will be charged the price stated in the purchase confirmation presented by Apple.

11.3Automatic renewal

SUBSCRIPTIONS RENEW AUTOMATICALLY. A Subscription continues, and automatically renews for successive periods equal to its billing period (for example, one week or one year), at the price then applicable to it, until you cancel it. Payment is charged to your Apple Account at confirmation of the Purchase or, where a free trial or Offer applies, at its end. Your Apple Account is charged for renewal within twenty-four (24) hours before the end of the current period. A Subscription renews unless automatic renewal is turned off at least twenty-four (24) hours before the end of the current period. By purchasing a Subscription, you authorize these recurring charges without further authorization from you until you cancel.

11.4Free trials

Where a Subscription includes a free trial, the length of the free trial is stated when it is offered. At the end of the free trial, the Subscription automatically converts into a paid Subscription and your Apple Account is charged the price of the Subscription, unless you cancel at least twenty-four (24) hours before the end of the free trial. Free trials are limited to one per Apple Account for each subscription group, or as otherwise determined by Apple and Ferrix Labs. Any unused portion of a free trial is forfeited when you purchase a Subscription, where Apple's rules so provide.

11.5Offers

Ferrix Labs may, in its discretion, make Offers available to some or all users, including introductory offers for new subscribers, win-back offers for lapsed subscribers, limited-time and discounted offers, and offers presented after a paywall is closed. Offers may be presented in the App, on the App Store, in the settings of your Device or elsewhere. Eligibility for an Offer is determined by Ferrix Labs and by Apple, and may depend on criteria such as your subscription history, the time since a Subscription lapsed, the time since you last redeemed an Offer, your storefront and your prior interactions with the Services. Unless otherwise stated, (a) an Offer applies only for the period stated in it, after which the Subscription renews at the price then applicable without the Offer, (b) an Offer may not be combined with any other Offer, transferred or exchanged, and has no cash value, and (c) Offers are limited to one per person or Apple Account. The duration of a limited-time Offer refers to the period during which that presentation of the Offer may be accepted, and the same or a similar Offer may be presented to you or to others at other times. Ferrix Labs may modify, suspend or withdraw any Offer at any time, including after it has been presented to you but before you accept it, to the extent permitted by applicable law.

11.6Lifetime Purchases

A Lifetime Purchase is a one-time payment that grants access to Sweep PRO for the lifetime of the App, meaning for so long as Ferrix Labs continues to make the App and Sweep PRO available and to support them on your Device, and not for the lifetime of any person or Device. A Lifetime Purchase is associated with the Apple Account through which it was made, and may be restored on Devices using that Apple Account. The features of Sweep PRO to which a Lifetime Purchase grants access may change in accordance with Section 10.2. If Ferrix Labs discontinues the App or Sweep PRO, access under a Lifetime Purchase ends, without refund except as required by Mandatory Consumer Law.

11.7Prices and personalized pricing

Prices are set by Ferrix Labs and are displayed in the currency of your App Store storefront. Prices may vary by storefront, currency, taxes, product, Offer, experiment and time, and may be changed by Ferrix Labs at any time, subject to Section 11.8 for existing Subscriptions. Ferrix Labs conducts experiments on prices and Offers, and the prices and Offers presented to you may be personalized on the basis of automated decision-making, as described in the Privacy Policy. You are not entitled to any price or Offer presented to any other person or at any other time, or to any refund, credit or adjustment if a lower price or more favorable Offer is made available to you or to others before or after your Purchase.

11.8Price changes for existing Subscriptions

Ferrix Labs may change the price of an existing Subscription. Apple will notify you of a price increase in advance and, where required by Apple's rules or by applicable law, will request your consent before the increased price applies to your Subscription. If you do not consent where consent is required, your Subscription may expire at the end of the current period in accordance with Apple's rules. Where consent is not required, your continued Subscription after the price change takes effect constitutes your acceptance of the new price.

11.9Cancellation

You may cancel the automatic renewal of a Subscription at any time through the subscription settings of your Apple Account, which are available in the settings of your Device and on the App Store. Ferrix Labs cannot cancel a Subscription on your behalf, and the App does not provide a means of cancellation. Deleting the App does not cancel a Subscription. Cancellation takes effect at the end of the current billing period, and you retain access to Sweep PRO until then. No refund or credit is provided for any partial billing period.

11.10Refunds

AS BETWEEN YOU AND FERRIX LABS, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. Refunds of Purchases are determined solely by Apple in accordance with its policies, and requests for refunds must be made to Apple. Ferrix Labs has no ability to issue refunds of Purchases made through the App Store, and is not responsible for any decision of Apple concerning a refund request. This Section 11.10 does not limit any right to a refund or other remedy that you have under Mandatory Consumer Law, as further described in Section 22. Quebec notice: this Section 11.10 does not apply to Consumers residing in Quebec to the extent the Consumer Protection Act (Quebec) renders it inapplicable.

11.11Refund requests and consumption information

You agree that, if you request a refund of a Purchase from Apple, Ferrix Labs may provide Apple, at Apple's request, with information concerning that Purchase, the delivery and your use of Sweep PRO, your history of Purchases and refunds and the duration of your use of the App, to assist Apple in deciding the request, as described in the Privacy Policy.

11.12Revocation of access

If a Purchase is refunded, reversed, charged back or revoked, or if Apple is unable to collect payment for a renewal, your access to Sweep PRO under that Purchase may end or be suspended without notice. Ferrix Labs may suspend or revoke access to Sweep PRO that it reasonably believes was obtained by fraud, abuse or breach of these Terms.

11.13Restoring Purchases and family sharing

You may restore your Purchases on Devices using the same Apple Account through the restore function of the App. The availability of Purchases to members of a family sharing group is subject to Apple's rules and to the configuration of each product by Ferrix Labs.

11.14No accounts

The Services do not offer user accounts, and Ferrix Labs may be unable to identify you or your Purchases without information that you provide. Ferrix Labs is not responsible for any inability to restore or locate a Purchase that results from your use of a different Apple Account or from information that you do not provide.

12Communications and Notices

12.1Notifications

The App may deliver local notifications that you enable, and, where you have granted the notification permission and enabled the corresponding setting in the App, remote notifications containing announcements, news and Offers. You may disable these notifications at any time through the settings of the App or of your Device.

12.2Electronic communications

You consent to receive communications from Ferrix Labs electronically, and you agree that all agreements, notices, disclosures and other communications that Ferrix Labs provides electronically satisfy any legal requirement that they be in writing.

12.3Notices to you

Ferrix Labs may give notice to you by a notice in the App, by publication on the Website, by notification to your Device, or by email to any address from which you have corresponded with Ferrix Labs. A notice is deemed given when published in the App or on the Website, or when sent by notification or email.

12.4Notices to Ferrix Labs

You may give notice to Ferrix Labs only by email to sweep@ferrixlabs.com. Legal notices must bear the words "Legal Notice" in the subject line. A notice to Ferrix Labs is deemed given when received.

12.5Support

Ferrix Labs may, in its discretion, provide support for the Services by email. Ferrix Labs does not guarantee any level of support or any response time, except as required by law or by Section 16.3.

13Privacy

The processing of personal information in connection with the Services is described in the Privacy Policy. By using the Services, you acknowledge that personal information will be processed as described in it, including its disclosure to Ferrix Labs' service providers and to advertising platforms, and its transfer to countries other than your country of residence.

14Intellectual Property and Feedback

14.1Ownership

The Services, including all software, code, designs, text, graphics, icons, images, animations, audio, video, data, compilations and the selection and arrangement of the foregoing, and all intellectual property rights in them, are owned by Ferrix Labs or its licensors and are protected by copyright, trademark and other laws of Canada, the United States and other countries. "Sweep", the Sweep logo and all related names, logos, product names, designs and slogans are trademarks of Ferrix Labs, and you may not use them without the prior written permission of Ferrix Labs.

14.2Feedback

If you provide Ferrix Labs with any suggestion, idea, comment, review, report or other feedback concerning the Services ("Feedback"), you grant Ferrix Labs a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use, reproduce, modify, publish, distribute and otherwise exploit that Feedback for any purpose, without obligation or compensation to you, and you waive, to the extent permitted by law, any moral rights in that Feedback. Ferrix Labs is under no obligation to use, or to keep confidential, any Feedback.

15Third-Party Services

The Services operate with, and may enable access to, services, software, content and functions provided by third parties, including Apple, its operating systems and frameworks, the App Store, iCloud Photos, the "Recently Deleted" album, the sharing interface of the operating system, and Ferrix Labs' service providers (collectively, "Third-Party Services"). Third-Party Services are governed by their own terms and policies, are not under the control of Ferrix Labs, and may change, fail or become unavailable at any time. Ferrix Labs does not endorse, and is not responsible or liable for, any Third-Party Service, including its availability, operation, accuracy or security, or any loss or damage arising from it.

16Apple App Store Terms

The following provisions apply to the App as obtained from the App Store, and prevail over any inconsistent provision of these Terms to the extent of the inconsistency.

16.1Acknowledgement

These Terms are concluded between you and Ferrix Labs only, and not with Apple. Ferrix Labs, not Apple, is solely responsible for the App and its content.

16.2Scope of license

The license granted to you under Section 6 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.

16.3Maintenance and support

Ferrix Labs is solely responsible for providing any maintenance and support services with respect to the App, to the extent required under these Terms or under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

16.4Warranty

Ferrix Labs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under these Terms. 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 the sole responsibility of Ferrix Labs, to the extent not effectively disclaimed under these Terms.

16.5Product claims

Ferrix Labs, not Apple, is responsible for addressing any claims by you or by any third party relating to the App or your possession and use of the App, 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. These Terms do not limit the liability of Ferrix Labs to you beyond what is permitted by applicable law.

16.6Intellectual property rights

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Ferrix Labs, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.

16.7Legal compliance

You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and (b) you are not listed on any United States Government list of prohibited or restricted parties.

16.8Developer contact

Any questions, complaints or claims with respect to the App should be directed to Ferrix Labs Inc. (Canada) by email at sweep@ferrixlabs.com.

16.9Third-party terms of agreement

You must comply with applicable third-party terms of agreement when using the App, including the terms of your wireless data service agreement.

16.10Third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and 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.

16.11Apple's standard license

To the extent these Terms are not provided to Apple as the license agreement applicable to the App, Apple's Licensed Application End User License Agreement also applies to your use of the App. In the event of a conflict between that agreement and these Terms, these Terms prevail as between you and Ferrix Labs, to the extent permitted by applicable law, except with respect to any right or benefit that that agreement confers on Apple.

17Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, AND THE FERRIX LABS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, THE FERRIX LABS PARTIES DO NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, (B) ANY RESULT, CLASSIFICATION, SUGGESTION, SELECTION OR ESTIMATE PRODUCED BY THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE, (C) ANY DUPLICATE, SIMILAR OR OTHER ITEM WILL BE CORRECTLY IDENTIFIED, (D) ANY AMOUNT OF STORAGE WILL BE RELEASED, (E) ANY COMPRESSED COPY OR CONVERTED IMAGE WILL BE OF ANY PARTICULAR QUALITY OR WILL PRESERVE ANY PARTICULAR CHARACTERISTIC, METADATA OR ATTRIBUTE OF THE ORIGINAL, (F) ANY DELETED MEDIA CONTENT WILL REMAIN RECOVERABLE FOR ANY PERIOD, (G) THE SERVICES WILL BE COMPATIBLE WITH ANY DEVICE, OPERATING SYSTEM OR THIRD-PARTY SERVICE, OR WILL CONTINUE TO FUNCTION AFTER ANY CHANGE TO THEM, OR (H) ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FERRIX LABS OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

This Section 17 is subject to Sections 16.4 and 22. Quebec notice: this Section 17 does not apply to Consumers residing in Quebec to the extent the Consumer Protection Act (Quebec) renders it inapplicable, including with respect to the legal warranties provided by that Act.

18Limitation of Liability

18.1Exclusion of certain damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY FERRIX LABS PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR USE, ANY LOSS OF, DAMAGE TO OR CORRUPTION OF MEDIA CONTENT OR ITS METADATA, ANY LOSS OF SENTIMENTAL VALUE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, OR YOUR ACCESS TO, USE OF OR INABILITY TO USE THEM, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FERRIX LABS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2Aggregate cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FERRIX LABS PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID FOR PURCHASES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, AND (B) FIFTY UNITED STATES DOLLARS (US$50.00).

18.3Basis of the bargain

The limitations in this Section 18 apply even if any limited remedy fails of its essential purpose, are an essential element of the basis of the bargain between you and Ferrix Labs, and reflect a reasonable allocation of risk in light of the fact that the Free Tier is provided without charge and that Sweep PRO is offered at the prices at which it is offered.

18.4Liability that cannot be limited

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including, where applicable, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intentional or grossly negligent conduct where the law does not permit its exclusion, or under Mandatory Consumer Law. This Section 18 is subject to Section 22. Quebec notice: this Section 18 does not apply to Consumers residing in Quebec to the extent the Consumer Protection Act (Quebec) or the Civil Code of Quebec renders it inapplicable.

19Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless the Ferrix Labs Parties from and against all claims, demands, actions, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable legal fees, arising out of or in connection with (a) your access to or use or misuse of the Services, (b) your breach of these Terms, (c) your violation of any law or of any right of any third party, including through any Library Action affecting Media Content in which a third party has rights or which is shared with a third party, and (d) any Feedback you provide. Ferrix Labs may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with Ferrix Labs in asserting any available defense, and you will not settle any such matter without the prior written consent of Ferrix Labs. This Section 19 applies to you as a Consumer only to the extent of your fault and to the extent permitted by applicable law, and is subject to Section 22. Quebec notice: this Section 19 does not apply to Consumers residing in Quebec to the extent the Consumer Protection Act (Quebec) renders it inapplicable.

20Dispute Resolution and Arbitration Agreement

20.1Informal resolution

Before commencing any proceeding against the other, you and Ferrix Labs each agree to attempt to resolve any Dispute informally. The party raising a Dispute must send the other a written notice ("Notice of Dispute") that states the name and email address of the sender, describes the nature and basis of the Dispute, and states the relief sought. A Notice of Dispute to Ferrix Labs must be sent by email to sweep@ferrixlabs.com with the words "Notice of Dispute" in the subject line, and a Notice of Dispute to you may be sent to any email address from which you have corresponded with Ferrix Labs. If the Dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, either party may commence proceedings in accordance with this Section 20 or Section 21, as applicable. During that period, either party may request an individual settlement conference by videoconference or telephone at a mutually agreed time, which you must attend personally, together with your counsel if you are represented. All applicable limitation periods are tolled while the parties engage in this informal process. This Section 20.1 applies to all users, and compliance with it is a condition precedent to commencing arbitration or litigation.

20.2Application of the Arbitration Agreement

Sections 20.3 to 20.13 (the "Arbitration Agreement") apply if you reside in the United States or any of its territories or, if you do not reside in any country, if you access the Services from the United States. They do not apply to any Dispute that was filed in any court or arbitral forum before the Effective Date of these Terms.

20.3Agreement to arbitrate

EXCEPT AS PROVIDED IN SECTION 20.4, YOU AND FERRIX LABS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY OF ANY KIND BETWEEN YOU AND ANY FERRIX LABS PARTY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, ANY PRIOR VERSION OF THEM, THE PRIVACY POLICY, THE SERVICES, ANY PURCHASE, ANY OFFER, ANY ADVERTISING OR COMMUNICATION, OR THE PROCESSING OF ANY PERSONAL INFORMATION, WHETHER BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BEFORE OR AFTER YOUR ACCEPTANCE OF THESE TERMS OR AFTER THEIR TERMINATION (EACH, A "DISPUTE"), WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN A COURT OF LAW. The Federal Arbitration Act, Title 9 of the United States Code, governs the interpretation and enforcement of this Arbitration Agreement.

20.4Exceptions

Notwithstanding Section 20.3, (a) either party may bring an individual action in a small claims court of competent jurisdiction, for so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction, (b) either party may bring an action in a court of competent jurisdiction for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents or other intellectual property rights, and (c) any claim for public injunctive relief, to the extent such relief is available under applicable law and a waiver of it is unenforceable, will be severed and decided by a court of competent jurisdiction after the arbitration of all individual claims, and the proceedings on it will be stayed pending the completion of that arbitration.

20.5Delegation

The arbitrator has exclusive authority to resolve all disputes concerning the interpretation, applicability, enforceability, scope or formation of this Arbitration Agreement, including any claim that all or part of it is void or voidable, except that a court of competent jurisdiction has exclusive authority to decide (a) disputes concerning Section 20.9, including the enforceability of the class action waiver, (b) disputes concerning Section 20.10, (c) whether a claim falls within Section 20.4, and (d) whether you have validly opted out under Section 20.11.

20.6Rules and administrator

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (together, the "AAA Rules") in force when the arbitration is commenced, as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on an alternative administrator, failing which a court of competent jurisdiction will appoint one under Section 5 of the Federal Arbitration Act.

20.7Arbitrator, hearing and award

The arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, any hearing will take place by videoconference or, at your election, in the county of your residence. For claims seeking an aggregate of twenty-five thousand United States dollars (US$25,000) or less, the arbitration will be conducted solely on the basis of written submissions, unless the arbitrator determines that a hearing is necessary. The arbitrator will apply the law determined in accordance with Section 21.1 and these Terms, may award any individual relief that a court could award to an individual under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. An award has no preclusive effect in any other arbitration or proceeding involving a different person.

20.8Fees

The payment of filing, administrative and arbitrator fees is governed by the AAA Rules, under which Ferrix Labs pays the fees allocated to the business in consumer arbitrations. Each party bears its own attorneys' fees and costs, except as the arbitrator may award under applicable law or the AAA Rules, including where the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose.

20.9Class action and jury trial waiver

YOU AND FERRIX LABS EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON, EXCEPT AS PROVIDED IN SECTION 20.10, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND FERRIX LABS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. If a court finds this Section 20.9 unenforceable with respect to any claim or request for relief, that claim or request will be severed and decided by a court of competent jurisdiction, and not in arbitration, after the arbitration of all other claims, and the proceedings on it will be stayed pending the completion of that arbitration.

20.10Mass arbitration

If twenty-five (25) or more demands for arbitration that raise substantially similar Disputes are filed against Ferrix Labs by or with the assistance of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules apply, the demands will be administered in batches in accordance with those rules, and all applicable limitation periods are tolled for each such demand from the date the first demand is filed until it is resolved. The parties will cooperate in good faith to implement a batching process that promotes the efficient and individualized resolution of the demands.

20.11Right to opt out

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT by sending, within thirty (30) days after the date on which you first accept these Terms (including by continuing to use the Services after the Effective Date of this version), an email to sweep@ferrixlabs.com with the words "Arbitration Opt-Out" in the subject line, stating your full name and the email address from which you write, and clearly stating that you opt out of the Arbitration Agreement. To enable Ferrix Labs to associate your opt-out with your use of the Services, you may send the email through the support function of the App, or include the order identifier of any Purchase. If you opt out, Disputes will be resolved in accordance with Section 21, and all other provisions of these Terms will continue to apply. An opt-out is effective only for the person who sends it.

20.12Changes to this Arbitration Agreement

If Ferrix Labs makes any change to this Arbitration Agreement, other than a change to its contact address, you may reject that change by sending an email in accordance with Section 20.11 within thirty (30) days after the Effective Date of the change, in which case the version of this Arbitration Agreement that applied before the change continues to govern Disputes between you and Ferrix Labs.

20.13Survival and severability

This Arbitration Agreement survives the termination of these Terms and of your use of the Services. Except as provided in Section 20.9, if any provision of this Arbitration Agreement is found unenforceable, that provision will be severed and the remainder of this Arbitration Agreement will remain in full force and effect.

21Governing Law and Forum

21.1Governing law

These Terms, and any Dispute, are governed by and construed in accordance with the laws of the province of Canada in which the registered office of Ferrix Labs Inc. is situated on the date on which you most recently accepted these Terms, and the federal laws of Canada applicable in that province, without regard to any conflict of laws principle that would require the application of the laws of another jurisdiction, except that the Federal Arbitration Act governs the Arbitration Agreement. Ferrix Labs will identify that province to you on request made under Section 12.4. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

21.2Forum

Subject to Sections 20 and 22, you and Ferrix Labs irrevocably submit to the exclusive jurisdiction of the courts of competent jurisdiction sitting in the province determined under Section 21.1 for the resolution of any Dispute, and waive any objection to proceedings in those courts on the grounds of venue or inconvenient forum. Notwithstanding the foregoing, (a) you may bring an individual claim in a small claims court of competent jurisdiction in your place of residence, where permitted by the rules of that court, and (b) Ferrix Labs may seek injunctive or other equitable relief, or bring proceedings against you, in any court of competent jurisdiction, including the courts of your place of residence. Quebec notice: this Section 21.2 does not apply to Consumers residing in Quebec to the extent the Consumer Protection Act (Quebec) or the Civil Code of Quebec renders it inapplicable.

21.3Individual proceedings

To the maximum extent permitted by applicable law, any Dispute that is not resolved by arbitration under Section 20 must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding, and you and Ferrix Labs each waive any right to a trial by jury. Quebec notice: this Section 21.3 does not apply to Consumers residing in Quebec, who retain the right to participate in a class action.

21.4Limitation period

To the maximum extent permitted by applicable law, any claim arising out of or in connection with these Terms or the Services must be commenced within one (1) year after the cause of action arises, failing which it is permanently barred. Quebec notice: this Section 21.4 does not apply to Consumers residing in Quebec.

22Jurisdiction-Specific Terms and Mandatory Consumer Law

22.1General

If you are a Consumer, nothing in these Terms excludes, restricts or modifies any right or remedy that you have under Mandatory Consumer Law, and each provision of these Terms applies only to the extent permitted by it. Where a provision of this Section 22 applies to you, it prevails over any inconsistent provision of these Terms.

22.2European Economic Area and Switzerland

If you are a Consumer habitually resident in a Member State of the European Economic Area or in Switzerland:

  • (a) the choice of law in Section 21.1 does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence,
  • (b) you may bring proceedings against Ferrix Labs in the courts of your country of domicile, and Ferrix Labs may bring proceedings against you only in those courts, and Sections 21.2, 21.3 and 21.4 do not apply to you,
  • (c) your statutory rights in respect of the conformity of digital content and digital services, including under Directive (EU) 2019/770 as implemented in your country of residence, are not affected by these Terms,
  • (d) Ferrix Labs will modify Sweep PRO beyond what is necessary to maintain its conformity only for a valid reason, including those described in Section 5.2, without additional cost to you, and with clear information about the modification, and where a modification negatively impacts your access to or use of Sweep PRO in more than a minor way, Ferrix Labs will inform you in advance on a durable medium and you may terminate the contract concerned free of charge in accordance with that Directive as implemented in your country of residence,
  • (e) Purchases are made through the App Store, and any statutory right of withdrawal that applies to a Purchase is administered by Apple in accordance with its terms, under which you may lose that right where you request the immediate supply of digital content or a digital service and acknowledge the loss of that right,
  • (f) Ferrix Labs is liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and under applicable product liability law, and, where you reside in Germany or Austria, is liable for slight negligence only for the breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose fulfilment you may regularly rely, in which case its liability is limited to the damage that was typical and foreseeable when the contract was concluded,
  • (g) Section 19 applies only to the extent that you are at fault, and
  • (h) Ferrix Labs may suspend or terminate your access under Section 23.2 only for a valid reason and, where required by law, with reasonable notice.

22.3United Kingdom

If you are a Consumer habitually resident in the United Kingdom, (a) you have statutory rights under the Consumer Rights Act 2015, including rights that digital content you pay for be of satisfactory quality, fit for purpose and as described, and rights to a remedy where digital content supplied under a contract with you causes damage to your Device or other digital content because reasonable care and skill was not used, and nothing in these Terms affects those rights, (b) nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation, (c) you may bring proceedings in the courts of the part of the United Kingdom in which you reside, and Sections 21.2, 21.3 and 21.4 do not apply to you, (d) Sections 22.2(d), (e), (g) and (h) apply to you as if references to the law of a Member State were references to the law of the relevant part of the United Kingdom, and (e) the choice of law in Section 21.1 does not deprive you of the protection afforded to you by the mandatory provisions of the law of the part of the United Kingdom in which you reside.

22.4Australia

If you are a "consumer" within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the "ACL"), (a) our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service, (b) nothing in these Terms, including Sections 9, 11.10, 17 and 18, excludes, restricts or modifies any guarantee, right or remedy conferred on you by the ACL, (c) where you are entitled to a remedy under the ACL in respect of a Purchase and Apple does not provide it, you may contact Ferrix Labs under Section 12.4, and (d) to the extent permitted by the ACL, the liability of Ferrix Labs for a failure to comply with a consumer guarantee in respect of goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited, at its option, to supplying the goods or services again or paying the cost of having them supplied again.

22.5New Zealand

If you are a consumer within the meaning of the Consumer Guarantees Act 1993 (New Zealand), nothing in these Terms limits any right you have under that Act or under the Fair Trading Act 1986 (New Zealand), except that, if you acquire the Services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable that the parties be bound by this Section 22.5.

22.6Canada and Quebec

  • (a) If you are a Consumer resident in Canada, nothing in these Terms limits any right or remedy that you have under the consumer protection legislation of your province or territory of residence that cannot be waived by contract, including any right to commence or participate in a class proceeding, or to commence proceedings in the courts of your province or territory, where such legislation confers that right, and Sections 21.2 to 21.4 apply to you only to the extent permitted by that legislation.
  • (b) If you are a Consumer residing in Quebec, (i) the provisions of these Terms that are inapplicable under the Consumer Protection Act (Quebec) do not apply to you, as stated in the Quebec notices in Sections 4, 9, 11.10, 17, 18, 19, 21.2, 21.3 and 21.4, (ii) nothing in these Terms excludes or limits the legal warranties of quality and of ownership provided by that Act or by the Civil Code of Quebec, or the liability of Ferrix Labs for its own acts or those of its representatives, (iii) you may bring proceedings before the courts of Quebec, and the choice of law in Section 21.1 does not deprive you of the protection of the mandatory rules of the law of Quebec, and (iv) the Arbitration Agreement does not apply to you.
  • (c) If you are a Consumer residing in Quebec, Ferrix Labs will notify you of any amendment to these Terms that concerns an element of these Terms that may be amended under Section 4, at least thirty (30) days before the amendment takes effect, by a written notice, drawn up clearly and legibly, that sets out the new or amended provision alone, or together with the provision as it read previously, and the date on which the amendment takes effect. You may refuse the amendment and terminate these Terms without cost, penalty or cancellation indemnity by sending notice to Ferrix Labs under Section 12.4 no later than thirty (30) days after the amendment takes effect, if the amendment increases your obligations or reduces the obligations of Ferrix Labs. Any cancellation of a Subscription must be effected through your Apple Account under Section 11.9.

22.7United States

  • (a) New Jersey. If you reside in New Jersey, Sections 9.3, 9.4, 17, 18, 19 and 21.4 apply to you only to the extent permitted by the laws of the State of New Jersey, and nothing in these Terms limits any right you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or the New Jersey Consumer Fraud Act.
  • (b) California. Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  • (c) Implied warranties. Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so some of the exclusions and limitations in Sections 17 and 18 may not apply to you, in which case they apply to the maximum extent permitted by the law of your state of residence.

22.8Other jurisdictions

If you reside in any other jurisdiction whose Mandatory Consumer Law confers on you rights or remedies inconsistent with these Terms, those rights and remedies apply to you, and the provisions of these Terms that are inconsistent with them apply only to the extent permitted by that law.

23Termination and Suspension

23.1By you

You may terminate these Terms at any time by ceasing to use the Services and deleting the App. Deleting the App does not cancel a Subscription, which you must cancel in accordance with Section 11.9.

23.2By Ferrix Labs

Subject to Section 22, Ferrix Labs may suspend or terminate your license and your access to all or any part of the Services at any time, with or without notice, if you breach these Terms, if Ferrix Labs suspects fraud or abuse, if required by law or by Apple, or if Ferrix Labs discontinues the Services or any part of them.

23.3Effect of termination

Upon termination, the license granted to you under Section 6 ends immediately, and you must cease all use of the Services and delete the App. Termination does not entitle you to any refund, except as required by Mandatory Consumer Law, and does not affect any right or obligation that accrued before termination.

23.4Survival

Sections 2, 7, 8.2, 9, 11.10, 11.11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.3, 23.4 and 25, and any other provision that by its nature is intended to survive, survive the termination of these Terms.

24Export Controls and Sanctions

You must comply with all export control and economic sanctions laws applicable to your use of the Services, including those of Canada, the United States, the European Union, the United Kingdom and the United Nations. You represent and warrant that you are not located, organized or ordinarily resident in a country or territory that is the subject of comprehensive sanctions under any such laws, that you are not identified on, or owned or controlled by any person identified on, any list of sanctioned, prohibited or restricted persons maintained under any such laws, and that you will not use the Services in violation of any such laws.

25General Provisions

25.1Entire agreement

These Terms, together with any Additional Terms, constitute the entire agreement between you and Ferrix Labs concerning the Services, and supersede all prior and contemporaneous agreements, proposals, representations and understandings concerning their subject matter.

25.2Severability

If any provision of these Terms is held invalid, illegal or unenforceable in any jurisdiction, that provision will be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect, subject to Section 20.9. The invalidity of a provision in one jurisdiction does not affect its validity in any other jurisdiction.

25.3No waiver

No failure or delay by Ferrix Labs in exercising any right under these Terms operates as a waiver of that right, and no waiver is effective unless made in writing and signed by Ferrix Labs.

25.4Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without the prior written consent of Ferrix Labs, and any purported assignment in violation of this Section 25.4 is void. Ferrix Labs may assign or transfer these Terms, or any of its rights or obligations under them, without restriction, including in connection with a merger, acquisition, reorganization or sale of assets, subject to Mandatory Consumer Law.

25.5Force majeure

Ferrix Labs is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, failures of public or private telecommunications networks or of power, cyberattacks, changes to Apple's operating systems, frameworks, App Store rules or other policies, and the failure, suspension or modification of any Third-Party Service.

25.6Third-party beneficiaries

Except as provided in Section 16.10 with respect to Apple, and except that the Ferrix Labs Parties are intended beneficiaries of Sections 9, 17, 18, 19 and 20, these Terms do not confer any right or remedy on any person other than you and Ferrix Labs.

25.7Relationship of the parties

Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship between you and Ferrix Labs.

25.8United States Government end users

The App is "commercial computer software" and its documentation is "commercial computer software documentation", as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and is licensed to United States Government end users only as a commercial item and only with the rights granted to all other users under these Terms.

25.9Equitable relief

You acknowledge that a breach of Section 6, 7 or 14 may cause Ferrix Labs irreparable harm for which damages would not be an adequate remedy, and that Ferrix Labs may seek injunctive or other equitable relief in respect of any such breach, without the necessity of posting a bond, to the extent permitted by applicable law, in addition to any other remedy.

25.10Interpretation

These Terms will not be construed against either party by reason of its authorship, except where applicable law requires a contract of adhesion or consumer contract to be interpreted in favor of the adhering party or the Consumer.

25.11Language

These Terms are drafted in the English language. Any translation is provided for convenience only, and in the event of any inconsistency, the English version prevails, except where the law of your place of residence requires otherwise. If you reside in Quebec, the following clause applies, and its English translation follows it:

Langue. Si vous résidez au Québec, la version française des présentes Conditions d'utilisation et de la Politique de confidentialité vous est fournie lorsque la loi applicable l'exige. Après avoir reçu la version française, vous pouvez choisir expressément d'être lié par la version anglaise des présentes, auquel cas la version anglaise prévaut. À défaut d'un tel choix, et dans la mesure exigée par la Charte de la langue française, la version française prévaut. Les parties reconnaissent avoir exigé que les présentes Conditions d'utilisation ainsi que tous les documents qui s'y rattachent, y compris les avis, soient rédigés en anglais, dans la mesure permise par la loi.

Language. If you reside in Quebec, the French version of these Terms of Use and of the Privacy Policy is provided to you where applicable law so requires. After receiving the French version, you may expressly choose to be bound by the English version of these Terms, in which case the English version prevails. Absent such a choice, and to the extent required by the Charter of the French Language, the French version prevails. The parties acknowledge that they have required that these Terms of Use and all related documents, including notices, be drawn up in English, to the extent permitted by law.

26Contact

Questions, complaints, claims and notices concerning these Terms or the Services may be addressed only by email to:

Ferrix Labs Inc. (Canada) Email: sweep@ferrixlabs.com

Back to top