Cheery App End User License Agreement (EULA) Effective Date: October 4, 2025
Last Updated: October 4, 2025

1. Agreement Overview
This End User License Agreement (“Agreement”) is a legal agreement between you (“User,” “you”) and Cheery App (“Cheery,” “we,” “us,” or “our”) regarding your download, installation, access, or use of the Cheery App mobile application and related services (collectively, the “Application”).
By clicking “I Agree,” downloading, or using the Application, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you do not agree, do not install or use the Application.

2. License Grant
Cheery App grants you a non-exclusive, non-transferable, revocable, limited license to download, install, and use the Application solely for your personal, non-commercial use, in accordance with this Agreement and our Privacy Policy (available at https://cheery-app.com/privacy-terms).

3. Restrictions
You agree not to, and will not permit others to:
a) License, sell, rent, lease, assign, distribute, host, disclose, or otherwise commercially exploit the Application or make it available to any third party.
b) Modify, reverse engineer, decompile, or create derivative works of the Application.
c) Use the Application for unlawful, abusive, harassing, defamatory, or discriminatory purposes.
d) Post or transmit any content that is obscene, sexually explicit, violent, or otherwise inappropriate.
e) Interfere with other users, Cheery App servers, or networks connected to the Service.
f) Circumvent, disable, or tamper with any security features or access controls.
Violation of these rules may result in suspension or permanent termination of your account.

4. User Content and Conduct
You are solely responsible for all content you upload, post, or transmit through the Application (“User Content”).
By submitting User Content, you grant Cheery App a non-exclusive, royalty-free, worldwide license to use, display, and process such content for purposes of operating, moderating, and improving the Service.
Cheery App may monitor communications only for safety, moderation, and legal compliance, in accordance with its Privacy Policy.
Users are prohibited from harassment, bullying, or sending unwanted or offensive messages.
Cheery reserves the right to remove or restrict content or accounts that violate this Agreement.

5. Privacy and Data Collection
Your use of the Application is also governed by our Privacy Policy, which describes how we collect, use, and disclose personal information, including any data shared for analytics or moderation.
By using the Application, you consent to the collection and processing of your information as described in the Privacy Policy, and acknowledge your rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
For details or to exercise your rights, contact privacy@cheery-app.com.

6. Modifications to the Application
Cheery App reserves the right to modify, update, suspend, or discontinue the Application or any part of its services at any time, temporarily or permanently, with or without notice and without liability to you.

7. Term and Termination
This Agreement remains in effect until terminated by you or Cheery App.
Cheery App may terminate or suspend your access at any time, without notice, if you breach this Agreement or misuse the Application.
Upon termination, you must immediately cease use and delete all copies of the Application.
Provisions regarding ownership, liability, limitation, arbitration, and data rights survive termination.

8. Disclaimer of Warranties
The Application is provided on an “AS IS” and “AS AVAILABLE” basis.
Cheery App makes no warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Application will be error-free, secure, or uninterrupted.

9. Limitation of Liability
To the maximum extent permitted by law, Cheery App shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or reputation, arising from your use or inability to use the Application, even if we have been advised of the possibility of such damages.
In no event shall Cheery App’s total liability exceed $1 USD or the amount you paid (if any) for use of the Application, whichever is greater.

10. Indemnification
You agree to defend, indemnify, and hold harmless Cheery App, its affiliates, officers, employees, and partners from any claim, loss, liability, or expense (including attorneys’ fees) arising from your use of the Application, User Content, or violation of this Agreement.

11. U.S. State-Specific Rights (California Residents)
If you reside in California:
  • You may request details about how we collect and use your personal information under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
  • You have the right to know, delete, correct, or limit personal information processed about you.
  • You have the right to opt out of the sale or sharing of your data.
  • You may not be discriminated against for exercising your rights.
Requests can be made by contacting privacy@cheery-app.com or support@cheery-app.com.
For more information, see our Privacy Policy.

12. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid portion will be modified only as necessary to make it valid and enforceable under applicable law.

13. Amendments
Cheery App may modify or replace this Agreement at any time.
If we make material changes, we will notify users at least 30 days in advance via in-app notice or email before new terms take effect.
Your continued use after such changes constitutes acceptance of the new Agreement.

14. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of California, United States, without regard to its conflict of law principles.
Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association (AAA).
You waive the right to a jury trial or class action to the fullest extent permitted by law.

15. Contact Information
If you have questions or concerns about this Agreement or your rights, contact us at:
📩 support@cheery-app.com
📩 privacy@cheery-app.com
🌐 https://cheery-app.com

By using the Cheery app, you accept the User Agreement and the Privacy Policy


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