1. Introduction

Welcome to https://getcheersapp.com/, https://app.getcheersapp.com/ and https://business.getcheersapp.com/ ("Platform"), services provided by Cheers Inc. ("we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Platform, including all related services, features, content, and information. By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Platform.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Platform. If you are accessing the Platform on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

3. Account Registration

• Business Owner Accounts: To create and manage membership pages for your business, you must register as a Business Owner on the Platform. You are responsible for providing accurate and complete information during registration and for keeping your account information up-to-date.

• Customer Accounts: Customers can create accounts to subscribe to memberships offered by Business Owners. They are responsible for providing accurate and complete information during registration and for keeping their account information up-to-date.

4. Membership

• Membership Creation and Management: Business Owners can create and manage membership pages on the Platform, offering various membership tiers and benefits. These membership pages may include exclusive content, discounts, access to events, and other perks.

• Membership Subscription: Customers can subscribe to the membership tiers offered by Business Owners on the Platform. Subscription fees and terms are determined by the Business Owner and are clearly displayed on the membership page.

5. Content

• Business Owner Content: You are solely responsible for the content you upload, share, or otherwise make available on your membership page. You represent and warrant that you have all necessary rights and permissions to submit, upload, and share the content.

• Customer Content: Customers may have access to exclusive content within the membership pages. Customers are responsible for their own content and actions within the membership areas.

• Prohibited Content: You agree not to submit, upload, or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, hateful, racially or ethnically offensive, or otherwise objectionable. You further agree not to submit, upload, or share any content that infringes upon the intellectual property rights of others.

6. Platform Usage

• General: You agree to use the Platform only for lawful purposes and in accordance with these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.

• Prohibited Activities: You are prohibited from: Accessing or using the Platform in any way that violates these Terms. Using the Platform to distribute any unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation. Attempting to gain unauthorized access to the Platform or any associated systems or networks. Interfering with or disrupting the Platform or any associated servers or networks.

Violating any applicable local, state, national, or international law or regulation.

7. Payments and Billing

• Subscription Fees: Membership fees are set by the Business Owner and are charged to Customers through the Platform.

• Payment Processing: We utilize third-party payment processors to facilitate secure payments. You acknowledge and agree that we are not responsible for any issues or losses related to payment processing.

• Cancellation and Refunds: Business Owners can set their own cancellation policies. Customers can request cancellations through the Platform. Refunds are at the discretion of the Business Owner.

8. Termination

• By You: You can terminate your account at any time.

• By Us: We may terminate your access to the Platform, without notice, for any reason, including but not limited to violation of these Terms. Upon termination, you must cease all use of the Platform.

9. Intellectual Property

• Platform Content: The Platform and all of its content, including but not limited to text, graphics, logos, images, and software, are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or commercially exploit any Platform content without our prior written permission

• Business Owner Content: You retain all ownership rights to your content. However, by submitting, uploading, or sharing your content on the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such content, in any media now known or hereafter developed.

• Customer Content: Customers retain ownership rights to their content. However, by submitting, uploading, or sharing their content within membership pages, they grant the Business Owner a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such content, in any media now known or hereafter developed.

10. Disclaimer

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

In no event will we be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the Platform, even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors, suppliers, and partners from and against any and all claims, demands, losses, liabilities, costs and expenses (including attorney's fees) arising out of or relating to your use of the Platform, your violation of these Terms, or your violation of any third-party rights.

13. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms will be resolved exclusively by the courts located in Los Angeles, CA, USA.

14. Changes to Terms

We may revise these Terms at any time by posting the updated Terms on the Platform. Your continued use of the Platform after the posting of the updated Terms constitutes your acceptance of the changes.

15. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16. Survival

The provisions of these Terms relating to intellectual property, disclaimer, limitation of liability, indemnification, governing law, dispute resolution, changes to terms, and entire agreement will survive any termination of these Terms.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect.

18. Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by us.

19. Notice

We may provide notice to you by email, postal mail, or by posting notice on the Platform.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent.

21. Third-Party Services

The Platform may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.

22. Updates

We may update these Terms from time to time. We will notify you of any material changes to these Terms by posting the updated Terms on the Platform. Your continued use of the Platform following the posting of the updated Terms constitutes your acceptance of the changes.

23. Contact Us

If you have any questions about these Terms, please contact us at legal@getcheers.io.