Terms of Service

Effective Date: December 15, 2023

I. INTRODUCTION

Before using Cleanup App - Phone Cleaner ("App"), it is essential that you thoroughly read and understand these Terms of Service. Your utilization of the App indicates your acceptance and commitment to comply with these terms, along with our Privacy Policy and any referenced terms. If you do not agree with these terms, please refrain from accessing or using our App.

It is important to note that Section 15 stipulates individual arbitration as the method for resolving disputes, superseding jury trials or class actions.

For users of IT Research LLC Apps or Services who make payments through credit, debit, or other auto-renewal methods, be aware that your subscription will automatically renew unless canceled before the end of the term. Please refer to Section 5 for specific details regarding subscription renewal.

1. THE AGREEMENT

1.1. These Terms of Service (the "Agreement") define the legal relationship between users and IT Research LLC, including its subsidiaries and affiliates ("IT Research LLC," "we," or "us"). This encompasses the use of the Cleanup App - Phone Cleaner app and website, collectively referred to as the "Service." IT Research LLC may provide services, products, and features through its sites and applications (including Mobile Software available via IT Research Apps on the App Store (apple.com)), and downloadable products. We may add services, or products, or alter the Service, with this Agreement applying to all such changes, unless noted. IT Research LLC reserves the right to halt any part of the Service, and you acknowledge we aren't liable for such changes.

1.2. Accessing particular components of the Service may require additional terms ("Additional Terms"), which are either included in this Agreement or presented during the registration or use of the Service. All Additional Terms are integral to this Agreement by reference. All individuals utilizing the Service, regardless of registration status, are deemed "users." Registration designates you as a "Member."

2. CHANGES

2.1. IT Research LLC retains the right to amend this Agreement and any Service policy or guideline at its sole discretion. Notification of such modifications will be made by posting the revised Agreement on the Sites.

2.2. The date of the last update is specified at the top of the page. For non-subscribing users or Members, alterations or modifications take effect immediately upon posting to the Sites. Continued use after posting constitutes acceptance. Subscribers are bound by the existing Agreement until renewal, as per Section 6. Renewal or ongoing use implies acceptance. Terminating the subscription and using the Service post-termination also implies acceptance. It is advisable to regularly review this Agreement and related terms to stay informed about the Service's applicable terms and policies. If you disagree with the amended terms, discontinue the use of the Service.

3. RECORDS

3.1. To access the Service, your agreement to receive crucial information electronically from IT Research LLC is mandatory. You consent to receiving this Agreement, notices, disclosures, policies, and other materials ("Electronic Records") in electronic form, adhering to The Electronic Signatures in Global and National Commerce Act. This consent covers all necessary communications.

3.2. Electronic Records will be available on our Sites and apps or sent to your profile's associated email. If you encounter issues accessing, downloading, or printing Electronic Records, communicate with us in writing at the provided address. Revoking consent for Electronic Records deactivates your account, as the Service requires such consent. Contact us in writing for a paper copy, subject to reasonable printing and sending fees that may apply.

4. USE OF SERVICE

4.1. You agree to use the Service and post content in line with this Agreement and all relevant laws, including US export controls.

4.2. You accept all usage risks.

4.3. Profile Security: You're accountable for profile confidentiality, including username and password. You're liable for all activities under your profile, including Paid Service purchases. Notify IT Research LLC of unauthorized use or breaches. IT Research LLC isn't responsible for username/password theft.

4.4. Personal Use: Only use the Service for personal, non-commercial purposes. No transferring usage rights to others or commercial endeavors.

4.5. User Conduct: IT Research LLC isn't liable for user conduct, whether related to the Service or not. You acknowledge using the Service at your own risk.

  • Use the Service unlawfully or in a way that harms or violates others' rights.
  • Partake in harassing, obscene, threatening, or predatory behavior.
  • Disrupt, damage, disable, overburden, impair, or interfere with others' use of the Service.
  • Deceive or defraud other users.
  • Share personal info without permission or collect such data unlawfully.
  • Engage in illegal activities or gambling.
  • Employ scripts, bots, or automated tech to access the Service.
  • Participate in phishing or trolling.
  • Attempt unauthorized access to any part of the Service.

4.6. To report violations of this Agreement by others, use the provided link on the Service or contact us at [email protected]

4.7. You understand and agree that if IT Research LLC, at its sole discretion, believes you violated this Agreement, misused the Service, or acted inappropriately, unlawfully, or unsafely, IT Research LLC may investigate, take legal action, terminate your profile, cancel subscriptions, memberships, or report violations to authorities.

5. PAYMENT AND SUBSCRIPTION

5.1. Acquiring Paid Service: When you purchase any fee-based features of the Service, such as subscriptions, you grant IT Research LLC and our payment processors permission to store your payment details. You are responsible for paying applicable fees (including taxes) and reimbursing for collection costs and interest on overdue amounts. Generally, fees for Paid Services are nonrefundable, except as expressly stated in this Agreement or required by law.

5.2. Payment Method: We accept various payment methods (credit, debit, check, mobile payment, PayPal). By authorizing payment using the chosen method, you allow updates from financial institutions. For unpaid amounts, you agree to pay on demand. Continued use of Paid Service implies ongoing payment authorization.

5.3. Purchases via Third-Party Accounts: Paid Services can also be obtained through third-party accounts like Apple iTunes, Google Play, or Amazon. Billing is handled through these accounts, and their terms apply.

5.4. Automatic Subscription Renewal: If you pay by card and don't cancel as outlined in Section 5, subscriptions automatically renew. Renewal periods match the initial term (e.g., 7 days, one month, six months, one year). Renewal fees, including taxes, remain the same unless we notify you 10 days before. Your payment method is charged for renewals, and you accept responsibility for these charges. Note: Your subscription might auto-renew and charge without further notice, except where required by law. Fees may change due to tax rate adjustments or fee increase notifications.

5.5. Subscription Cancellation: To modify or cancel your subscription, except as per Section 19, follow the instructions on your profile settings page. If you purchased a subscription through a third party, cancel according to their terms. Canceling your subscription stops renewals after the current term ends. No prorated refund for the current term, except under Section 19 or applicable law.

5.6. Trials and Promotions: Periodically, we may offer free trials or promotions, providing free access for a specific time. To avoid automatic subscription charges, cancel your subscription (per Section 5) before the promotion/free-trial ends.

5.7. Updated Billing Information: Provide accurate billing details and update as needed (e.g., billing address, credit card info). Notify us of payment method changes or security breaches. Failure to do so may result in continued charges, and you're responsible for these charges.

6. PRIVACY

6.1. Please refer to our Privacy Policy for comprehensive information on how IT Research LLC collects, utilizes, stores, and shares personally identifiable user information.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Service, excluding your User Content, includes elements like software, images, text, logos, trademarks, copyrights, and other materials (the "Proprietary Materials"), all owned by IT Research LLC and its licensors. User Content from other users also falls into this category. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of IT Research LLC.

8. LIMITED LICENSE

8.1. You are granted a limited, non-sublicensable license to use the Service under this Agreement. However, you are prohibited from copying, modifying, distributing, performing, or engaging in any reverse engineering on the Proprietary Materials or the Service. The use of automated methods to create accounts or access the Service is also strictly forbidden. Any use of the Service or Proprietary Materials beyond what is expressly authorized herein, without the prior written consent of IT Research LLC, is in violation of this Agreement and will result in the termination of the granted license. Such unauthorized use may also breach applicable laws, including, but not limited to, copyright and trademark laws, as well as relevant communications regulations and statutes. Unless explicitly stated in this Agreement, nothing herein should be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. IT Research LLC reserves all rights not expressly granted in this Agreement with respect to the Service and the Proprietary Materials. Note: This license is subject to revocation at any time and does not confer any intellectual property rights beyond what is explicitly stated.

9. COPYRIGHT POLICY

9.1. Copyright Infringement Notice: If you believe content on the sites infringes your copyrights, you can submit a notification under the Digital Millennium Copyright Act ("DMCA"). Send this information to our Copyright Agent:

  • An authorized person's signature
  • Description of the infringed copyrighted work
  • Location of the infringing material on our website (include URLs)
  • Your contact details: address, phone, email
  • Your statement that the disputed use isn't authorized
  • A statement under penalty of perjury that the info is accurate and you're the copyright owner or authorized representative

IT Research LLC's Copyright Contact: 18401 Collins Ave, Sunny Isles Beach, Fl 33160, USA, Email: [email protected]

9.2. Legal Consequences: It's important to be accurate. If you knowingly make a false claim about online material infringing, you could face criminal charges for perjury and civil penalties, including financial damages, court expenses, and legal fees.

10. TRADEMARKS

10.1. The trademarks or service marks, including "IT Research LLC," its logos, trade names, and slogans within the Service, are the exclusive property of IT Research LLC, its partners, or licensors. Unauthorized use without prior written permission is strictly prohibited. The overall appearance and aesthetic of the Service, encompassing graphics, icons, and scripts, are protected and may not be copied or imitated without express permission. Any other trademarks mentioned belong to their respective owners. The mention of products, services, or information does not imply endorsement by IT Research LLC.

11. THIRD PARTY CONTENT

11.1. Third-Party Content: IT Research LLC provides Third Party Content and links as a service, but does not exercise control, endorsement, or adoption of such content. The accuracy or completeness of Third Party Content is not guaranteed, and IT Research LLC assumes no responsibility for its updating or review. Your use of Third Party Content is undertaken at your own risk.

11.2. Ads and Promotions: The Service may include third-party ads, promotions, or information about products/services. Any transactions or interactions with third parties are solely between you and them. IT Research LLC does not assume responsibility for third-party features, content, or materials. We disclaim liability for any losses arising from such transactions or third-party content on the Service.

12. MOBILE SOFTWARE

12.1. Mobile Software: We may offer Mobile Software to access the Service. Your device must be compatible, though compatibility isn't guaranteed. You're granted a non-transferable license to use the Mobile Software on your personal device for your account. Upgrades may occur, and their terms apply.

12.2. iTunes/App Store Software: For Mobile Software obtained from iTunes or the App Store, the following conditions apply: ("Store-Sourced Software"):

  • You acknowledge this Agreement is between you and IT Research LLC, not Apple, for Store-Sourced Software. Apple has no responsibility for it. You must follow the App Store Terms of Service for the Store-Sourced Software.
  • Apple isn't required to provide support for the Store-Sourced Software. Any warranty issues will be addressed by IT Research LLC, not Apple.
  • Apple isn't responsible for any claims or liabilities related to the Store-Sourced Software, including legal requirements or consumer protection.
  • If a third party claims the Store-Sourced Software infringes their intellectual property rights, IT Research LLC, not Apple, will handle the claim.
  • Apple and its subsidiaries are third-party beneficiaries of this Agreement regarding your Store-Sourced Software license. They can enforce this Agreement as a third-party beneficiary.
  • When using Store-Sourced Software, you must comply with applicable third-party terms of the agreement.

12.3. No Support: This Agreement doesn't provide you with hard-copy documentation, support, telephone assistance, maintenance, or updates for the Mobile Software from IT Research LLC, its licensors, or Apple.

12.4. Export Controls: You can't download or export the Mobile Software to countries under US embargo or "terrorist supporting" designations. You also can't provide it to individuals on certain US Government lists. By using the Mobile Software, you confirm compliance with these restrictions and all related laws.

12.5. Users Outside the U.S.: If you're using the Mobile Software outside the U.S., you agree to this: (i) English language usage; (ii) compliance with local laws; and (iii) adhering to any required regulations or procedures for enforceable licensing.

12.6. Injunctive Relief: If you breach or threaten to breach Section 12, IT Research LLC can seek injunctive relief in addition to other remedies, as money damages may not be sufficient to address the harm caused.

13. DISCLAIMERS

13.1. IT Research LLC provides the Sites, Proprietary Materials, and the Service "as is" and "as available." We disclaim all warranties, whether express, implied, or statutory, including but not limited to merchantability, accuracy, fitness for a particular purpose, and non-infringement.

13.2. We do not guarantee secure, uninterrupted, or error-free use of the Service, nor do we guarantee that defects will be corrected. We are not liable for issues related to connectivity, availability, or message delivery. Viruses and harmful components are disclaimed.

13.3. We are not obligated to verify users' identities or monitor their use of the Service. Therefore, we are not liable for your interactions with others or for identity theft.

13.4. We do not ensure the accuracy, completeness, or usefulness of information, nor do we endorse user conduct or third-party content. We are not liable for any losses arising from user conduct or reliance on information.

13.5. In some jurisdictions, these disclaimers may not apply due to consumer protection laws.

14. LIMITATION OF LIABILITY

14.1. IT Research LLC, its affiliates, directors, members, employees, or agents are not liable for special, consequential, or indirect damages, such as loss of use, profits, or data. This limitation applies whether the damages are based on contract, tort (including negligence), or other causes, and whether they result from using or being unable to use the Service or Proprietary Materials. It includes damages arising from reliance on IT Research LLC's information, mistakes, interruptions, viruses, and more. In any case, IT Research LLC's total liability is limited to the greater of fees paid for any Paid Service in the last six months or $100.

14.2. IT Research LLC is not liable for damages related to your or others' conduct using the Service. This includes bodily injury, emotional distress, and identity theft arising from interactions with other users. Claims arising from users' false pretenses or attempts to defraud or harm you are also excluded.

14.3. Depending on your location, these limitations on liability might not apply to you due to consumer protection laws.

15. ARBITRATION; JURISDICTION; WAIVER

15.1. Mandatory Arbitration. Please read this Section carefully. YOU AND IT RESEARCH LLC, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

15.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to IT Research LLC, via any other method available to IT Research LLC, including via e-mail. The Notice to IT Research LLC must be addressed to IT Research LLC, Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and IT Research LLC do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or IT Research LLC may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against IT Research LLC, then IT Research LLC will promptly reimburse you for your confirmed payment of the filing fee upon IT Research LLC's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

15.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in California, USA will be appointed pursuant to the Rules, as modified herein. You and IT Research LLC agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

15.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND IT RESEARCH LLC AGREE THAT YOU AND IT RESEARCH LLC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

15.5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the California State, USA in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. 

15.6. Equitable Relief. The foregoing provisions of this Section 15 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that in the event IT Research LLC or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against IT Research LLC, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

15.7. Claims. You and IT Research LLC agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

15.8. Improperly Filed Claims. All claims you bring against IT Research LLC must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, IT Research LLC may recover attorneys' fees and reimbursement of its costs, provided that IT Research LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

15.9. Modifications. In the event that IT Research LLC makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to IT Research LLC's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to IT Research LLC's Arbitration Notice Address, in which case your account with IT Research LLC and your license to use the Service will terminate immediately. This Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.

15.10. Enforceability. If only the "No Class Actions" paragraph above or the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to this Agreement.

16. GOVERNING LAW

16.1. The laws of the state of California, USA, without considering its conflict of law principles, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. If any legal action related to a dispute arising from this Agreement is allowed to be brought before a court of law, that action will be under the exclusive jurisdiction of the state and federal courts situated in the state of California, USA. By using the Service, you agree to submit to the personal jurisdiction of these courts and waive any defense of inconvenient forum.

17. INDEMNIFICATION

17.1 You agree to defend, indemnify and hold IT Research LLC, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from (i) your use of or access to the Service, including any data or content transmitted or received by you, or your inability to use the Service; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Service or other users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code or (vii) your violation of any applicable laws, rules or regulations.

18. TERM AND TERMINATION

This Agreement becomes effective when you first use the Service and remains in effect until terminated according to the terms outlined herein.

18.2. Termination by IT Research LLC. IT Research LLC holds the right to suspend, deactivate, or terminate your account and your access to the Service. Such actions may be taken at any time, at IT Research LLC's sole discretion, without prior notice or explanation. This includes the possibility of blocking access based on IP addresses. We reserve the authority to remove or block your account information, User Content, or data from our Service, along with any associated records, as deemed fit by us. If we terminate your access due to cause, such as a breach of this Agreement or flagged conduct, you agree that fees already paid to IT Research LLC are nonrefundable, except as required by law, and any outstanding or pending payments related to your subscription become immediately due and payable. Decisions regarding fee refunds are solely at the discretion of IT Research LLC. You can contest refunds of fees as per Section 19 of this Agreement.

18.3. Termination by You. You have the right to deactivate or terminate your account at any time, for any reason, by accessing your account's settings page or by contacting us as previously described. If you subscribed through a Third Party account, you must follow their terms and conditions for cancellation. Upon canceling your subscription, your benefits will continue until the end of the current subscription term, after which your subscription will not renew. Except as required by law or this Agreement, you won't be entitled to a refund of fees paid to IT Research LLC. Any outstanding or pending payments under your subscription become immediately due and payable.

18.4. Survival. Certain terms of this Agreement that are inherently meant to persist beyond its termination, including Sections 13, 14, and 15, will continue to apply even after your account is suspended, deactivated, or terminated.

19. SPECIAL STATE TERMS

The following additional provisions apply to subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin:

19.1. Right of Cancellation. If you are the buyer of the Service, you have the right to cancel this Agreement without any penalty or obligation. This cancellation can be done at any time before midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel, you must send a signed and dated notice stating your intention to cancel this Agreement or use similar wording. This notice should be mailed or delivered to:

IT Research LLC, 18401 Collins Ave, Sunny Isles Beach, Fl 33160, USA. (If you are an Ohio user, you can also email us at [email protected]). Please ensure that your correspondence includes your username and email address; otherwise, your refund might be delayed. Upon cancellation, IT Research LLC will refund any payments you have made within ten days of receiving your cancellation notice. If you cancel your subscription within the three-day period, we will provide a full refund of your subscription amount.

19.2. Refund in Case of Death or Disability. If you pass away before the end of your subscription period, your estate is entitled to a refund for the portion of any payment made for your subscription that corresponds to the period after your death. Similarly, if you become disabled to the extent that you cannot use IT Research LLC's services before your subscription period concludes, you are entitled to a refund for the portion of any payment made for your subscription that corresponds to the period after your disability. To claim these refunds, you must provide IT Research LLC with a notice at the same address mentioned above.

20. MISCELLANEOUS

20.1. Entire Agreement. You acknowledge that this Agreement, along with the Privacy Policy and any Additional Terms, represents the complete agreement between you and IT Research LLC concerning the use of the Service. It supersedes all prior agreements and understandings, including any previous versions of this Agreement, unless there exists a separate written agreement applicable to the Service that explicitly takes precedence over this Agreement.

20.2. Severability. If any part of this Agreement, or any portion thereof, is deemed illegal, void, invalid, or unenforceable, such provision will be modified and interpreted to achieve the objectives of the provision as much as possible under applicable law. The remaining provisions will continue to be valid and enforceable unless otherwise stated herein.

20.3. Non-Transferable. This Agreement, along with the rights and licenses granted hereunder, cannot be transferred or assigned by you. However, IT Research LLC may assign this Agreement without any restrictions. Any attempt to transfer or assign in violation of this provision will be deemed null and void.

20.4. Enforcement. The failure to enforce any provision of this Agreement will not affect the right to enforce it at a later time, nor will a waiver of a breach or default of this Agreement or any provision constitute a waiver of subsequent breaches or defaults, or of the provision itself.

20.5. Section Headers. The use of section headers in this Agreement is for convenience only and does not affect the interpretation of specific provisions.

20.6. No Relationship. You acknowledge that no joint venture, partnership, employment, or agency relationship is established between you and IT Research LLC as a result of this Agreement or your use of the Service.

21. PROHIBITED USAGE

During Service usage, Users must adhere to the guidelines outlined in these Terms. These guidelines are rooted in upholding the rights of fellow Users and third parties, adhering to legal standards, and preventing deceitful or unethical behavior.

The list of prohibitions and restrictions specified in the Agreement is not exhaustive. At times, user actions or posted content may be deemed contrary to principles of fairness, morality, or legal norms, subject to our discretion.

While using the Platform, the User is prohibited to:

  • to engage in threatening, abusive, harassing, or privacy-invading behavior towards any third party. Additionally, interfering with another user's ability to use or enjoy our Services is strictly prohibited.
  • to engage in threatening, abusive, harassing, or privacy-invading behavior towards any third party. Additionally, interfering with another user's ability to use or enjoy our Services is strictly prohibited.
  • impersonating any individual or entity, or misrepresenting or disguising your identity. Misrepresenting your professional or other affiliations with us or any other party is not allowed. Using our Services in a way that implies an association with our products, services, or brands without written agreement is prohibited. Providing false information or concealing your identity or location, including bypassing limits associated with promotions or offers, is also prohibited.
  • directly or through any device or other means, tamper with or bypass any copyright, trademark, or other proprietary notices on our Services or Content. This includes interfering with or attempting to bypass any digital rights management mechanisms or content protection measures associated with our Services or content. Additionally, you may not copy, download, stream, capture, reproduce, distribute, modify, transmit, or sell our Services or Content, or any part thereof, without express written permission from us.
  • inserting code into our Services or uploading viruses or other harmful computer materials is strictly prohibited. Doing so could disrupt, damage, or limit the functionality of our Services or associated computer systems, or facilitate unauthorized access to our Services or the content of ours or any third party.
  • send, post, or transmit over the Service any content that is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence;
  • upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content;
  • upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors or may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing or defamatory;
  • take any action that could potentially impose an unreasonable or disproportionately large load on our infrastructure;
  • using any portion of the Services or Content for commercial purposes, including building a business, reselling, redistributing, or making any other commercial use of the Services or Content, whether for profit or not. This includes creating derivative works or materials based on the Services or Content.

It is your responsibility to comply with all relevant local, state, national, and international laws, treaties, and regulations when using the Services. We retain the right, at any time and at our sole discretion, with or without prior notice, to suspend and/or terminate accounts and/or services of any users who violate any applicable laws or these Terms, whether through repeated violations or a single instance.

You accept and agree that in the event of a breach of these Terms by you, you forfeit any and all unused portions of your subscription, and any fees paid hereunder are non-refundable to the maximum extent provided by law.

22. HOW TO REPORT POSSIBLE VIOLATIONS OF THESE TERMS?

If you encounter content or behavior that you believe fails to comply with our Terms or applicable laws on the Services, we encourage you to report it to us.

If a report lacks sufficient information for us to clearly determine whether the content is illegal, we will either ask you for more details or choose not to remove the content in question.

Compile a Notice containing the following information:

  • A detailed explanation of why you believe the content or user behavior violates applicable laws or our Terms.
  • Identification of any copyrighted work allegedly infringed, if applicable.
  • A clear indication of the exact electronic location of the content, such as URLs or screenshots, to aid in its identification.
  • Your contact information, including your full name, physical address, and email address. If applicable, provide information about your authorized representative.
  • A statement affirming your good-faith belief that the use of the content is not authorized by you, your authorized representative, or the law.
  • A statement affirming the accuracy of the information provided in the Notice under penalty of perjury.
  • Your physical or electronic signature.

Send the completed Notice to us via email at at [email protected] or by registered mail to the following address:

IT Research LLC, 18401 Collins Ave, Sunny Isles Beach, Fl 33160, USA

We evaluate your Notice and if we find that a breach has occurred, we may take appropriate action, which could include termination of the user's account limitation or suspension of the provision of services, or removal or restriction of the reported content.

We will communicate the outcome of our review and any actions taken to the user via email or other provided means of contact. We take reports of unacceptable use of our services seriously and appreciate your cooperation in helping us maintain a safe and compliant platform for all users

23. CONTACT US

IT Research LLC, 18401 Collins Ave, Sunny Isles Beach, Fl 33160, USA, [email protected]