Terms of Service

These Terms of Service ("Terms") are a contract between [LEGAL ENTITY NAME] ("Cherry", "we", "us") and the business or person that creates a Cherry account ("Customer", "you"). They govern your use of the Cherry booking platform, including the dashboard, the public booking page, our APIs and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a business, you confirm you have authority to bind it.

1. The Service

Cherry helps beauty salons and similar businesses manage their calendar, services, team, clients and online bookings. Features may change over time. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

Some features are not available yet or are offered as previews. Preview features are provided "as is" and may change or end at any time.

2. Accounts

• You must be at least 18 years old and able to form a binding contract.
• You must give accurate information and keep it up to date.
• You are responsible for your login credentials and for all activity under your account, including the activity of team members you invite. Tell us right away at [email protected] if you suspect unauthorized access.
• You decide who on your team has access and with which role. Owners can invite, change and remove members.

3. Your data and your clients' data

Customer Data means the information you or your clients put into the Service, such as client names, contact details, notes, photos and booking history.

• You own Customer Data. You give Cherry a limited right to host, process, transmit and display Customer Data only to provide, secure and support the Service, and as described in our Data Processing Agreement (DPA), which is part of these Terms.
• You are the controller of your clients' personal data and Cherry is your processor (or "service provider"). You are responsible for having a valid legal basis to collect it, for giving your clients any notices the law requires, and for honoring their privacy requests. The Service gives you tools to export and delete a client's personal data.
• Sensitive data. Do not enter health information, government ID numbers, payment card numbers or other sensitive data unless it is necessary for the service you provide and you have the client's consent. Never enter full card numbers in notes or other free-text fields.
• Photos. Only upload photos you have the right to use. If a photo shows a person, you must have their permission to use it as you do.
• Communications to your clients. When the Service sends confirmations or reminders on your behalf, you are responsible for having the consent the law requires for that channel (for example under the Telephone Consumer Protection Act for text messages).
• We will not sell Customer Data or use it to advertise to your clients.

4. Acceptable use

You will not, and will not let others:

• break the law, infringe others' rights, or send spam or unsolicited messages through the Service;
• upload malware or try to access accounts, data or systems you are not authorized to access;
• probe, scan or test the vulnerability of the Service without our written permission, or bypass rate limits or security controls;
• scrape the Service, or resell or sublicense it without our agreement;
• use the Service to process the data of children under 13 except as a parent or guardian booking on their behalf;
• use photos in the Service for facial recognition or to create biometric identifiers.

We may suspend access that we reasonably believe violates this section or puts the Service, other customers or individuals at risk. When practical we will tell you first and give you a chance to fix the issue.

5. Fees

The Service is currently offered [free of charge during the launch period / under the plan you select]. If we introduce or change fees, we will give you at least 30 days' notice before they apply to you, and you may cancel before they take effect. Unless stated otherwise, fees are in US dollars and exclusive of taxes. Cherry does not charge your clients today; deposits and payments, when available, will be governed by additional terms.

6. Our intellectual property

Cherry and its licensors own the Service, including its software, design and trademarks. We grant you a non-exclusive, non-transferable right to use the Service during your subscription under these Terms. If you send us feedback, we may use it without obligation to you.

7. Third-party services

The Service relies on third-party providers (listed in our sub-processor list) and may let you connect third-party services such as Google Sign-In. Your use of a third-party service is governed by that provider's terms.

8. Privacy and security

We protect Customer Data with the measures described in the DPA. Our Privacy Policy explains how we handle personal data of account users and of people who book through Cherry. If we become aware of a security incident affecting Customer Data, we will notify you as described in the DPA.

9. Term, cancellation and deletion

• These Terms apply from the moment you create an account until it is closed.
• You can stop using the Service at any time. Owners can request account deletion from Settings. We complete deletion within 30 days of the request, unless the law requires us to keep certain records.
• We may end these Terms or suspend your account for a material breach that you do not fix within 15 days of our notice, or immediately if required by law or to prevent serious harm.
• After closure, we delete Customer Data as described in the DPA. Backups are overwritten on their regular rotation.
• Sections 3 (ownership), 6, 10, 11, 12 and 14 survive termination.

10. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, Cherry disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free, or that bookings, reminders or messages will always be delivered. You are responsible for your business decisions and for the services you provide to your clients.

11. Limitation of liability

To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility; and (b) each party's total liability arising out of these Terms is limited to the greater of the amounts you paid Cherry in the 12 months before the claim or US $100. These limits do not apply to your payment obligations, to a party's indemnification obligations, or to liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify Cherry against third-party claims arising from Customer Data, your services to your clients, or your breach of these Terms or of the law, including claims by your clients about notices or consents you were responsible for.

13. Changes to these Terms

We may update these Terms. If a change is material, we will notify you by email or in the dashboard at least 30 days before it takes effect (unless the change is required by law sooner) and ask you to accept the new version the next time you sign in. If you do not agree, you may close your account before the change takes effect.

14. Governing law and disputes

These Terms are governed by [GOVERNING LAW / VENUE], without regard to conflict-of-law rules. The courts located in [GOVERNING LAW / VENUE] have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court. [Counsel to decide on arbitration and class-action waiver.]

15. General

These Terms, the DPA and any order form are the entire agreement between us about the Service. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them to an affiliate or in a merger or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to Cherry go to [email protected] and [REGISTERED ADDRESS].

16. Contact

[LEGAL ENTITY NAME] · [REGISTERED ADDRESS] · [email protected]