To use the Smart Cleaner software (hereinafter referred to as “the software”) and services, you should read and comply with the Smart Cleaner Software Service Agreement (hereinafter referred to as “this Agreement”). Please read carefully and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, governing law and jurisdiction, as well as any separate agreement to enable or use a service, and choose to accept or not. The clauses of exemption or limitation of liability, governing law and jurisdiction may be highlighted in bold and underlined.
Unless you have read and accepted all terms of this Agreement, you have no right to download, install or use the software and related services. Your act of download, installation, use or login will be deemed that you have read and agree to be bound by the aforesaid agreements.
This Agreement is the agreement between you and Smart Cleaner regarding your download, installation, use and copying of the software, and use of Smart Cleaner related services.
The contents of this Agreement also includes the relevant agreements, business rules and other contents about the service that Smart Cleaner may release from time to time. The aforesaid contents, once officially published, shall be an integral part of this Agreement and you shall abide by them.
Smart Cleaner provides users of mobile terminal devices installed with the software with many functions and services such as cleaning for acceleration, security protection, software management, discovering free WiFi, etc. (hereinafter referred to as “the service”).
Smart Cleaner will continue to enrich and improve various functions and services. The specific services provided for you are subject to the actual provision of the software.
2.2.1 To use the service, you need to download the Smart Cleaner. client software. For these software, Smart Cleaner gives you a personal, non-transferable and non-exclusive license.
2.2.2 The Smart Cleaner client software in the service includes but. not limited to the Android application version. Users must choose the software version that matches the installed mobile terminal device. Depending on the operating system of the mobile terminal device, different versions of the Smart Cleaner client may have different functions and services.
2.3.1 Smart Cleaner gives you a personal, non-transferable and non-exclusive license to use the software. You can install, use, display and run the software on a single terminal device for non-commercial purposes.
2.3.2 All other rights not expressly authorized by this article and. other articles of this Agreement are reserved by Smart Cleaner, and you must obtain the written permission of Smart Cleaner to exercise these rights. Failure to exercise any of the foregoing rights will not constitute a waiver of such rights.
3.1 You can obtain the software directly from Smart Cleaner’s website or from a third party authorized by Smart Cleaner.
3.2 If you obtain the software or any installation program with the same name as the software from a third party not authorized by Smart Cleaner, Smart Cleaner cannot guarantee the normal use of the software, and will not be responsible for the losses caused to you.
4.1 Smart Cleaner has developed different software versions for different types of mobile terminal devices. You should choose an appropriate version to install according to the actual situation, and you shall not install the software on other terminal devices without Smart Cleaner’s express permission. Smart Cleaner is not liable for any risks or losses caused by your failure to properly install an appropriate software version.
4.2 After you download the installation program, you need to follow the steps prompted by the program to install it correctly.
4.3 In order to provide more high-quality and secure services, Smart Cleaner may recommend you to install other software during the installation of the software, and you can choose to install or not.
4.4 If you no longer need to use the software or need to install a new version of the software, you can uninstall it yourself. If you are willing to help Smart Cleaner improve product service, please inform us the reason for uninstalling.
5.1 In order to enhance the user experience and improve the service content, Smart Cleaner will constantly strive to develop new services, and provide you with software updates from time to time (these updates may take the form of software replacement, modification, enhancement, upgrade, etc.).
5.2 In order to enhance the user experience and ensure the security of the service and the consistency of functions, Smart Cleaner has the right to update the software without special notice to you, or change or limit some functions of the software.
5.3 After the release of a new version of the software, the old version may not be available for use. Smart Cleaner does not guarantee the continued availability or corresponding customer services of the old version, please check and download the latest version at any time.
6.2 Smart Cleaner will use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure.
6.3 In the process of using the service, some information may be required. When you use certain functions, such as free WiFi, your mobile phone number will be needed for SMS verification so as to bind with the software; in order to ensure the security of your payment, we will identify the software with payment function installed in your mobile phone and check its payment environment; when you enable application garbage cleaning, with your permission, we will access cache files of the applications you are using, such as WeChat, QQ, etc., and clean them; in order to perform security protection, we will scan the software permissions and application list in your mobile phone, timely find the abnormal status of the software, and send software update alerts to you; in order to provide privacy protection of camera monitoring, with your permission, we will access your camera activation and send security tips to you; when you enable network speed PK, with your permission, we will report your network speed record and geographical location for PK with other users and generate PK results; in order to realize the functions of the service, such as optimization, acceleration, searching and killing, display, management, etc., if necessary, we may check the relevant conditions of your mobile terminal device, including but not limited to the running environment, memory, mobile phone information, etc.
6.4 Where national laws and regulations or policies have special provisions, you need to provide true identity information. If you do not provide information or provide incomplete information, the service cannot be used or will be restricted in the process of use.
6.5 In general, you can browse and modify the information you submit at any time, but for security and identification reasons (such as number appeal service), you may not be able to modify the initial registration information or other verification information provided at the time of registration.
6.6 Smart Cleaner will not disclose your personal information to any company, organization or individual outside our company, except in the following cases:
• Obtain your prior consent or authorization;
• Comply with applicable laws, regulations or other legal procedures;
• Respond to the requirements of relevant government agencies or law enforcement personnel;
• In order to comply with relevant laws and regulations, safeguard the public interests, or protect the personal and property safety or legitimate rights and interests of other users or employees of Smart Cleaner;
• Only by sharing your information can we provide you with the services you need;
• Handle disputes between you and others at your request;
• Comply with the provisions of the relevant agreements signed with you (including the electronic agreements signed online and the corresponding platform rules) or other legal documents;
• Use based on academic research (if applicable, but only for the purpose of public interests);
• Use for the public interests in accordance with relevant laws and regulations.
6.7 Smart Cleaner attaches great importance to the protection of minors’ personal information. If you are a minor under the age of 18, you should obtain the written consent of your parents or legal guardian before using the service of Smart Cleaner.
7.1 Notes for users
7.1.1 Users shall abide by the terms of this Agreement and use the service correctly and properly. If users violate any terms of this Agreement, our company shall have the right to terminate the service of the defaulting users according to this Agreement.
7.1.2 You understand and agree, in order to provide you with. effective services, the software will make use of such resources as the processor and bandwidth of your mobile communication terminal. Costs of data traffic may be incurred during the use of the software. You should ask the operator for relevant information and bear the relevant costs.
7.1.3 When you use a particular service of the software, there may. be a separate agreement or relevant business rules (hereinafter collectively referred to as “the separate agreement”) for that service. Please read and agree to the relevant separate agreement before using that service.
7.1.4 You understand and agree, Smart Cleaner will use its. commercially reasonable efforts to ensure the security of your data storage in the software and service; however, Smart Cleaner cannot provide complete guarantee, including but not limited to the following circumstances:
220.127.116.11 Smart Cleaner shall not be responsible for the deletion or. storage failure of relevant data in the software and service;
18.104.22.168 Smart Cleaner has the right to determine the maximum. storage period of individual users’ data in the software and service according to the actual situation, and allocate the maximum storage space of data on the server. You can backup the relevant data in the software and service based on your own needs;
22.214.171.124 If you stop using the software and service or the service. is terminated or cancelled, Smart Cleaner can permanently delete your data from the server. After the service is terminated or cancelled, Smart Cleaner is not obliged to return any data to you.
7.1.5 You fully understand and agree, you shall be solely. responsible for any behavior beyond this Agreement or any abnormality caused by other irresistible factors when using the service. You shall make your own judgment on the contents of Smart Cleaner and shall bear the following risks beyond the control of Smart Cleaner, including but not limited to:
126.96.36.199 Loss or leakage of personal information (such as business card, short message, photo, etc.) due to force majeure;
188.8.131.52 You must choose the software version that matches the. mobile phone installed, otherwise, any problems or damage resulting from the fact that the software does not match the phone model shall be solely borne by you;
184.108.40.206 When you use the software to access third-party. products, you shall bear any risks caused by third-party products and related contents;
220.127.116.11 Risks or liability that may be incurred due to such. dissemination as the contents posted by users being reposted or shared by others;
18.104.22.168 Risks of login failure, incomplete data synchronization or. slow opening of page caused due to such reasons as wireless network signals being unstable or wireless network bandwidth being small.
7.2 Third-party products and services
7.2.1 Advertising and related services] The services provided by the software may contain such contents as advertising. During the use of the software, you agree to accept the advertising provided by the software, third-party suppliers and partners. Except as expressly provided by law, our company shall not be liable for any loss or damage suffered by you due to any transaction conducted in accordance with the advertising information or any content provided by the aforementioned advertiser. You agree, you shall prudently judge the authenticity and reliability of the advertising information appearing in the service of our company, and you shall be responsible for any transaction based on the advertising information, except as expressly provided by law.
7.2.2 When using any products or services provided by a third party. of the software, you shall abide by the user agreement of the third party in addition to the provisions of this Agreement. Smart Cleaner and the third party shall bear their respective liability for any possible dispute to the extent provided by law and as agreed.
7.2.3 As when you use the software or ask Smart Cleaner to provide. specific services, the software may call a third-party system or support your use or access through a third party, with the results of use or access to be provided by the third party, Smart Cleaner does not guarantee the security, accuracy or effectiveness of the services and contents provided by the third-party system or the results achieved with support, or other uncertain risks. Any dispute or damage arising therefrom shall have nothing to do with Smart Cleaner, and Smart Cleaner will bear no liability.
8.1 Rules for contents of information. When using the service, you shall not use it to engage in the following activities, including but not limited to:
8.1.1 Publish, transmit, disseminate or store contents that violate. national laws, or endanger national security, unity, social stability, public order, good custom or social morality, or contents of insult, slander, obscenity or violence;
8.1.2 Publish, transmit, disseminate or store contents that infringe. upon legal rights of others, such as right of reputation, right of portrait, intellectual property rights, trade secrets, etc.;
8.1.3 Make up facts or conceal the truth to mislead or deceive. others;
8.1.4 Publish, transmit or disseminate advertising information or spam;
8.1.5 Engage in other acts that violate laws, regulations, policies, public order, good custom or social morality.
8.2 Rules for use of software. You may not engage in any of the following activities unless permitted by law or with the written permission of Smart Cleaner:
8.2.1 Delete the copyright information on the software and its. copies;
8.2.2 Carry out reverse engineering, reverse assembly or reverse. compilation of the software, or attempt to discover the source code of the software in other ways;
8.2.3 Use, lease, lend, copy, modify, link, reprint, assemble, release, publish or build mirror sites for any content over which Smart Cleaner owns intellectual property rights;
8.2.4 Copy, modify, add, delete, link or create any derivative works. from any interactive data between the client and the server in the running process of data or software released to any terminal memory by the software or during the operation of the software, or any system data necessary for the operation of the software, in forms that include but not limited to use of any plug-in or addition or any third-party tool/service not authorized by Smart Cleaner for access to the software and relevant systems;
8.2.5 By modifying or falsifying any instruction or data in the. software operation, add, delete or change any function or running effect of the software, or operate or disseminate to the public the software or methods used for the aforesaid purposes, whether these activities are for commercial purposes or not;
8.2.6 Through any third-party software, plug-in, addition or. system not developed or authorized by Smart Cleaner, login or use the software and service of Smart Cleaner, or create, publish or disseminate the foregoing tools;
8.2.7 Interfere with the software or its components, modules or. data by yourself or by authorizing other or third-party software;
8.2.8 Other acts without the express authorization of Smart Cleaner;
8.2.9 Other acts in violation of laws, regulations or policies.
8.3 Take responsibility for your actions. You fully understand and agree, you are responsible for all your actions in using the software and service. Smart Cleaner does not guarantee the security, accuracy, timeliness, completeness or practicability of the results of your query using the software and service. You should judge by yourself the contents of the software and services or the results of your query, and assume all risks caused by the use of the contents. Smart Cleaner cannot and will not be liable for any loss or damage caused by the foregoing risks.
8.4 Dealing with breach of this Agreement
8.4.1 You understand and agree, Smart Cleaner has the right to. punish any violation of relevant laws and regulations or provisions of this Agreement at its reasonable judgment, take appropriate legal action against any users who violate the law, and keep relevant information and report to relevant departments in accordance with laws and regulations. Users shall bear all legal liability arising therefrom.
8.4.2 You understand and agree, you shall be solely liable for any. indemnity, demand or loss claimed by a third party as a result of your violation of this Agreement or the relevant terms of service; if Smart Cleaner suffers any loss thereby, you should also make compensation for it.
9.1 Smart Cleaner is the holder of intellectual property rights in the software. All copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights of the software, as well as all information contents related to the software (including but not limited to text, picture, audio, video, graph, interface design, layout, relevant data or electronic files) are protected by the laws of the People’s Republic of China and corresponding international treaties, while Smart Cleaner enjoys the aforesaid intellectual property rights, except for the rights that the relevant holders shall enjoy according to law.
9.2 Without the written consent of Smart Cleaner or the relevant holders, you shall not implement, use or transfer the aforesaid intellectual property rights for any commercial or non-commercial purposes, and shall not permit any third party to do so.
10.1 You understand and agree, the software, like most Internet software, may be affected by a variety of factors (including but not limited to user reasons, network service quality, social environment, etc.); and may also be subject to a variety of security problems (including but not limited to the illegal use of user data by others to conduct actual harassment; or the fact that users may download and install other software or visit other websites that contain virus, trojans or other malicious programs, threatening the security of your mobile terminal devices and data, and thereby affecting the normal use of the software). Therefore, you should strengthen the information security and personal information protection awareness, and pay attention to password protection, so as to avoid losses.
10.2 You shall not make, distribute, use or disseminate malicious programs that are used to steal other people’s personal information or property.
10.3 It is the joint responsibility of Smart Cleaner and you to maintain the security and normal use of the software. Smart Cleaner will take necessary technical measures to protect the information and data security of your mobile terminal device in a reasonable and prudent manner in accordance with industry standards, but you acknowledge and agree, Smart Cleaner cannot provide any guarantee in this regard.
11.1 The software may use any third-party software or technology (including the open source code and public domain code that the software may use, same below), and such use has been legally authorized.
11.2 Where the software uses any third-party software or technology, Smart Cleaner will display the relevant agreements or other documents by form of attachments hereto or packaging in the specific folder of the software installation package according to relevant laws and regulations or agreements; they may be expressed in the form of “Software Licensing Agreement”, “Authorization Agreement”, “Open Source Code License” or other forms. The aforesaid relevant agreements or other documents displayed in various forms are an integral part of this Agreement and have equal legal effect as this Agreement. You shall comply with these requirements. If you do not comply with these requirements, the third party or the state agency may file a lawsuit against you, impose a fine or take other sanctions, and request Smart Cleaner to provide assistance, you shall solely bear legal liability.
11.3 In case of any dispute caused by the third-party software or technology used by the software, the third party shall be responsible for solving the dispute, and Smart Cleaner will bear no liability. Smart Cleaner does not provide customer service support for third-party software or technology. If you need support, please contact the third party.
12.1 By downloading, installing and using the software, you are deemed to have read and agree to be bound by this Agreement. Smart Cleaner reserves the right to modify the terms of this Agreement if necessary. You may refer to the relevant terms in the latest version of the software. If you continue to use the software after the terms of this Agreement are modified, you shall be deemed to have accepted the revised agreement. If you do not accept the revised agreement, you shall stop using the software.
12.2 Any separate agreement or rule description that each function or service of the software shows to you has equal legal effect to you. In case of any conflict with the contents of this Agreement, the provisions of the separate agreement or rule description shall prevail.
12.3. The place of signing this Agreement is Pudong New Area, Shanghai, People’s Republic of China.
12.4 The execution, validity, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China (without regard to the conflict of laws).
12.5 Any dispute between you and Smart Cleaner shall be resolved through friendly consultation. If no consensus can be reached through consultation, you agree to submit the dispute to a people’s court having jurisdiction in the place where this Agreement is signed.
12.6 All headings used herein are for convenience only and have no actual meaning and shall not be used as the basis for interpretation of this Agreement.
12.7 If any provisions of this Agreement are partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding upon both parties. (End of text)
Registered address: BeiJing, the People’s Republic of China
March 25th, 2020