Terms of Use

1. Acceptance of Terms

By making a purchase or otherwise using the Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We may update these Terms at any time in accordance with Section 17. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

2. Eligibility

To use the Services, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater
• Be legally capable of entering into binding agreements under the laws of your jurisdiction
• Not be prohibited from using the Services under any applicable law or regulation
• Not have been previously suspended or removed from the Services

By using the Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time and to refuse or terminate access if you do not meet these requirements.

3. Description of Services

Sweep is a photo and video library management and organization tool. The Services may include, without limitation:

• Tools for reviewing, organizing, and managing photos and videos on your device
• Detection and grouping of duplicate and visually similar media
• Storage analysis and management features
• Notification and reminder features
• Any other features, tools, or functionality we may introduce from time to time

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Your Information

The Services do not require you to create an account. If you contact us for support or otherwise provide information to us, you agree to provide accurate and complete information.

We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms.

5. Subscription and Payments

The Services may be offered on a free or subscription basis. Certain features may require a paid subscription (“PRO”).

• Billing. Subscriptions are billed in advance on a recurring basis (weekly or annually, as selected at the time of purchase). We also offer a one-time lifetime purchase option. Payment is processed through the applicable platform provider (e.g., Apple App Store). By subscribing, you authorize recurring charges to your account with the platform provider.
• Auto-Renewal. Recurring subscriptions (weekly and annual) automatically renew unless cancelled at least 24 hours before the end of the current billing period. You will not receive additional notice before each renewal charge. Lifetime purchases do not renew.
• Free Trial. We may offer a free trial period for certain subscription plans. If you do not cancel before the free trial ends, your subscription will automatically convert to a paid subscription at the applicable rate. Any unused portion of a free trial period is forfeited upon purchase of a subscription.
• Cancellation. You may cancel your subscription at any time through your device settings or the applicable platform provider. Cancellation takes effect at the end of the current billing period. No partial refunds will be provided for unused portions of a billing period.
• Price Changes. We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next billing period following notice to you.
• Refunds. Refunds are handled in accordance with the policies of the applicable platform provider and applicable law. Except as required by law, all payments are non-refundable.
• Free Tier Limitations. Free-tier access may be subject to usage limits, which we may modify at any time at our sole discretion.

6. Device Permissions

The Services may request access to certain features and data on your device, including but not limited to your photo library, notifications, and device storage information. These permissions are necessary for the Services to function as intended.

You may manage permissions through your device settings at any time. However, revoking certain permissions may limit or prevent the Services from functioning properly. We are not responsible for any loss of functionality resulting from revoked permissions.

Photo library access is used solely to enable you to view, organize, and manage your media within the app. When you delete media through the Services, items are moved to your device's recovery folder (e.g., “Recently Deleted”) where they may remain recoverable for a limited period as determined by your device's operating system.

7. User Content and Data

You retain all ownership rights in your photos, videos, and other media (“User Content”). We do not claim any ownership interest in your User Content.

By using the Services, you grant us a limited, non-exclusive, royalty-free, revocable license to access and process your User Content solely on your device and solely to the extent necessary to provide the Services to you. This license terminates when you stop using the Services or delete the app.

8. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Modify, adapt, translate, or create derivative works based on the Services
• Use any automated system, bot, scraper, or similar technology to access or interact with the Services
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to them
• Attempt to circumvent any usage limits, payment systems, or security measures of the Services
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Services
• Use the Services in any manner that could damage, disable, overburden, or impair the Services
• Sublicense, lease, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party the Services or any content therein

Violation of this section may result in immediate termination of your access to the Services without notice or refund.

9. Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, audio, video, data compilations, and the selection and arrangement thereof, are the exclusive property of Ferrix Labs Inc. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the app on a device that you own or control, solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by us.

“Sweep,” the Sweep logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ferrix Labs Inc. or its affiliates. You may not use such marks without our prior written permission.

10. Disclaimers

Without limiting the foregoing, we do not warrant or represent that:

• The Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components
• The results obtained from the Services will be accurate, reliable, or complete
• Any specific amount of storage space will be recovered or saved
• All duplicate, similar, or related media will be correctly identified or grouped
• The Services will be compatible with all devices, operating systems, or software versions
• Any defects in the Services will be corrected
• Third-party services or platforms integrated with the Services will function without interruption or error

Any content or information obtained through the Services is accessed at your own risk, and you are solely responsible for any damage to your device or loss of data that results from your use of the Services. No advice or information, whether oral or written, obtained from us or through the Services, shall create any warranty not expressly stated herein.

11. Assumption of Risk

You expressly acknowledge and agree that your use of the Services is at your sole risk. Without limiting the generality of the foregoing:

• You assume all risk associated with deleting photos, videos, or other media through the Services, whether individually or in bulk
• You are solely responsible for reviewing and verifying media before confirming any deletion
• The Services provide organizational and management tools only — all decisions regarding your media are made by you
• We are not responsible for any unintended deletion, loss, or corruption of media resulting from your use of the Services
• Automated features such as duplicate detection, similarity grouping, and pre-selection of media for deletion are provided as suggestions only and may not be accurate in all cases

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Ferrix Labs Inc., its officers, directors, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of data, loss of photos or videos, loss of profits, loss of goodwill, loss of use, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the Services, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount you have paid to us for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US $50.00).

The limitations of liability set forth in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable law, including but not limited to liability under the Australian Consumer Law for failure to comply with consumer guarantees that cannot be excluded, or any other non-excludable statutory rights.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ferrix Labs Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any claim that your use of the Services caused damage to a third party
• Any deletion, loss, or modification of media or data resulting from your use of the Services

This indemnification obligation will survive the termination of these Terms and your use of the Services.

14. Dispute Resolution and Arbitration

Agreement to Arbitrate

You and Ferrix Labs Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in a court of law.

Class Action Waiver

You and we agree that any Disputes shall be resolved on an individual basis only, and not as a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against Ferrix Labs Inc. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court for Disputes within the scope of that court's jurisdiction; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to sweep@ferrixlabs.com within thirty (30) days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms will continue to apply.

Informal Resolution

Before initiating arbitration, you agree to first contact us at sweep@ferrixlabs.com and attempt to resolve the Dispute informally for at least sixty (60) days. If the Dispute is not resolved within that period, either party may proceed with arbitration.

15. Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. To the extent that arbitration is not applicable or is unenforceable, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware. Nothing in this section shall deprive you of any mandatory consumer protection rights granted under the laws of your jurisdiction of residence.

16. Termination

You may stop using the Services at any time by deleting the app from your device and cancelling any active subscription through the applicable platform provider.

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms.

Upon termination, your right to use the Services ceases immediately. Sections 7, 9, 10, 11, 12, 13, 14, 15, and 18 shall survive termination of these Terms.

17. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will provide notice through the Services, on our website, or by other means. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue your use of the Services.

18. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, understandings, representations, and warranties.
• Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
• Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
• Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms and our rights and obligations hereunder without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
• Force Majeure. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
• No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any person or entity, except as expressly provided herein.
• Electronic Communications. By using the Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Contact

If you have any questions about these Terms, please contact us at:

Ferrix Labs Inc.

Email: sweep@ferrixlabs.com