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 from time to time in accordance with Section 17. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

2. Eligibility and Availability

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

The app is currently offered for download only on the United States storefront of the Apple App Store, and the Services are directed to users in the United States. We make no representation that the Services are appropriate or available for use in any other location.

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. Subscriptions and Purchases

The Services are offered on a freemium basis. Certain features require a paid upgrade (“PRO”), available as an auto-renewing subscription (billed weekly or annually, as selected at purchase) or as a one-time lifetime purchase. The price of each option is displayed in the app before you buy.

• Billing through Apple. All payments are processed by Apple through your Apple Account. We do not receive or store your payment card details. By purchasing, you authorize the charge through Apple in accordance with Apple's terms.
• Auto-Renewal. Recurring subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the current period ends. Renewal is charged to your Apple Account within 24 hours before the start of the next period. Lifetime purchases are one-time payments and do not renew.
• Free Trial. Where a free trial is offered, your subscription converts to a paid subscription at the displayed rate unless you cancel before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Cancellation. You can cancel at any time in your device settings (Settings > your name > Subscriptions) or through the App Store. Cancellation takes effect at the end of the current billing period, and you keep PRO access until then. Deleting the app does not cancel a subscription.
• Refunds. Purchases are billed by Apple, and refund requests are made to Apple (for example, at reportaproblem.apple.com) and are decided by Apple under its policies. Except where required by applicable law, we cannot issue refunds for purchases made through the App Store.
• Price Changes. We may change subscription pricing. For existing subscribers, price changes apply no earlier than the next billing period and are subject to the notice and consent process required by Apple and applicable law.
• Free Tier Limits. Free-tier access is subject to usage limits (such as a daily limit on organizing actions), which we may modify at any time at our sole discretion.

5. Device Permissions and Media Deletion

The Services request access to certain features and data on your device, including your photo library and notifications. These permissions are necessary for the Services to function as intended. You may manage permissions in your device settings at any time; revoking certain permissions may limit or prevent the Services from functioning, and we are not responsible for any resulting loss of functionality.

Photo library access is used solely to enable you to view, organize, and manage your media within the app. Deletion works as follows:

• Media is deleted only when you direct it — by confirming a deletion in the app
• Deleted items are moved by iOS to your device's “Recently Deleted” album, where iOS typically retains them for approximately 30 days before permanent removal
• The recovery window and recovery behavior are controlled by Apple's operating system, not by us, and may change or fail independently of the Services
• After an item leaves “Recently Deleted,” it is permanently gone and cannot be recovered by us — we never have a copy
• If you use iCloud Photos, deletions sync across your devices per Apple's rules

6. Your Content and Backup Responsibility

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. Because processing happens on your device, we never receive, hold, or store a copy of your User Content, and we cannot restore it.

7. 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 — every deletion decision is made by you, and no deletion occurs without your confirmation
• Automated features such as duplicate detection, similarity grouping, “best photo” suggestions, and pre-selection of media are suggestions only and may be inaccurate, incomplete, or not suited to your intent
• We are not responsible for any unintended deletion, loss, or corruption of media resulting from your use of the Services

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, except to the extent such restriction is prohibited by applicable law
• 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
• Sublicense, lease, sell, resell, transfer, assign, or otherwise commercially exploit the Services or make them available to any third party

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, 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 Apple-branded devices that you own or control, solely for your personal, non-commercial use, as permitted by the App Store usage rules. 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. You may not use such marks without our prior written permission.

10. Apple App Store Terms

The app is distributed through the Apple App Store, and the following terms apply to your use of the app:

• Relationship. These Terms are an agreement between you and Ferrix Labs Inc. only — not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Services and their content.
• License. Your license to the app binary is additionally subject to Apple's Licensed Application End User License Agreement (the “Standard EULA”), which applies to App Store apps unless a custom license agreement is provided.
• Maintenance and Support. Apple has no obligation to furnish any maintenance or support for the app. Support inquiries should be directed to us at the contact address in Section 19.
• Warranty. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; any other warranty claims are governed by these Terms.
• Claims. Apple is not responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection or similar claims.
• Intellectual Property Claims. In the event of a third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms.
• Legal Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the app, 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 thereof.

11. Disclaimer of Warranties

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
• Media you delete will remain recoverable for any period of time
• 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. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by applicable law, 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 in this section apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, and nothing in these Terms deprives you of mandatory consumer protection rights under the laws of your jurisdiction of residence.

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 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

Informal Resolution First

Most concerns can be resolved quickly by contacting us at sweep@ferrixlabs.com. Before filing any claim against us, you agree to attempt to resolve the dispute informally by contacting us and giving us sixty (60) days to respond and attempt resolution.

Courts

Subject to the informal-resolution requirement above, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Disputes”) shall be brought exclusively in the courts of the Province of Nova Scotia, Canada, and you and we each consent to the jurisdiction and venue of those courts. Notwithstanding the foregoing: (a) you may bring an individual claim in a small claims court of competent jurisdiction where you reside, where permitted by that court's rules; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

Nothing in this section limits or deprives you of any mandatory consumer protection rights, remedies, or forum rights granted under the laws of your jurisdiction of residence to the extent those rights cannot lawfully be waived by contract.

15. Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Nothing in this section deprives 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 your Apple Account (deleting the app does not cancel a subscription).

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 6, 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, and we will update the “Last Updated” date at the top of this page. 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.
• No Third-Party Beneficiaries. Except as expressly provided in Section 10 with respect to Apple, these Terms do not create any third-party beneficiary rights in any person or entity.
• 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. (Canada)

Email: sweep@ferrixlabs.com