Terms of Use

1. Eligibility

You must be at least 18 years old and have the legal authority to bind your business to these Terms. By using the Services, you represent and warrant that you meet these requirements.

2. Services Provided

Cherry provides web-based tools and services designed to support small businesses with operations, productivity, and analytics. We may add, modify, or remove features at any time without prior notice.

3. User Accounts

To access the Services, you must register for an account and provide accurate information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

4. User-Generated Content

If you upload, post, or otherwise submit any content through the Services ("User Content"), you grant Cherry a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with providing the Services. You are solely responsible for your User Content and agree not to post anything unlawful, offensive, or infringing on others’ rights.

5. Acceptable Use

You agree that you will not:

• Use the Services in violation of any applicable laws or regulations
• Use the Services for any fraudulent, deceptive, harmful, abusive, or harassing activity
• Attempt to interfere with, disrupt, or gain unauthorized access to our systems, networks, or other users’ accounts
• Upload, distribute, or facilitate the distribution of malware, viruses, spam, or engage in unauthorized data scraping or automated data collection
• Reverse-engineer, decompile, or otherwise attempt to derive the source code or underlying technology of the Services

6. Beta Features

From time to time, we may offer beta or experimental features. These are offered “as is” and may contain bugs, be incomplete, or be removed at any time. We make no guarantees regarding their functionality, reliability, or availability.

7. Fees and Payment

Some features of the Services may require payment. By subscribing, you agree to pay all applicable fees in accordance with our published pricing. Payments are due in advance and are non-refundable unless otherwise stated. We reserve the right to change our pricing with reasonable notice.

8. Service Level and Availability

We aim to provide reliable and continuous access to our Services. However, uptime is not guaranteed, and temporary interruptions may occur due to maintenance, updates, or other operational factors. We are not liable for any loss resulting from downtime.

9. Intellectual Property

All intellectual property rights in the Services—including text, software, graphics, and trademarks—are owned by Cherry Consulting Services LLC or its licensors. You may not use, copy, modify, or distribute any content without our prior written consent.

10. Privacy and Data Protection

We collect and use personal information as described in our Privacy Policy. At this time, Cherry Consulting Services LLC does not represent compliance with the GDPR, CCPA, or similar data protection laws. We do not specifically market to or serve individuals located in the EU or California.

If you are a business customer that requires specific data processing arrangements, including a DPA, please contact us at contact@cherrysuite.io.

11. Termination

We may suspend or terminate your access to the Services at our discretion, with or without notice, for conduct that violates these Terms or is otherwise harmful. Upon termination, all rights granted to you will cease.

12. Disclaimers

The Services are provided “as is” and “as available” without warranty of any kind. We do not guarantee that the Services will meet your requirements, be error-free, or operate without interruption.

13. Limitation of Liability

To the fullest extent permitted by law, Cherry Consulting Services LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services, even if advised of the possibility of such damages.

14. Indemnification

You agree to defend, indemnify, and hold harmless Cherry Consulting Services LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your use of the Services, your User Content, or your violation of these Terms.

15. Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including but not limited to acts of God, internet outages, power failures, government restrictions, or pandemics.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, United States, without regard to its conflict of laws principles.

You agree that any disputes will be resolved through binding arbitration on an individual basis, and you waive any right to participate in a class action, class arbitration, or representative action against Cherry.

17. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

18. Changes to Terms

We reserve the right to modify these Terms at any time. When we do, we will update the effective date above. Continued use of the Services after such changes constitutes acceptance of the updated Terms.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Cherry, constitute the entire agreement between you and Cherry Consulting Services LLC regarding your use of the Services and supersede all prior agreements, understandings, or representations.

20. Contact Information

If you have questions or concerns about these Terms, please contact us at contact@cherrysuite.io.