Please read carefully before using Afters
These Terms of Service (these "Terms") constitute a legally binding contract between you ("User," "you," or "your") and Ch3rry LLC ("Ch3rry LLC," "Company," "we," "us," or "our"), the operator of the Afters service. These Terms govern your access to and use of the Afters website, any related mobile or desktop application, and all related services, features, content, waitlist or pre-registration flows, communications programs, and functionality (collectively, the "Service").
By accessing, browsing, registering for an account, commencing a guest or temporary session, submitting a waitlist form, enabling device permissions, clicking or tapping any call-to-action, or otherwise using the Service in any manner whatsoever, you acknowledge that you have had a reasonable opportunity to read these Terms, that you understand them, and that you agree to be bound by these Terms and by the Privacy Policy (which is incorporated herein by this reference as if fully set forth). If you do not agree to every provision of these Terms, you are expressly prohibited from using the Service and must immediately discontinue all access and use.
The Service is intended for individuals located in the United States of America who are at least eighteen (18) years of age. Access from any other jurisdiction is at your own risk and does not expand the Company's obligations.
The Company reserves the right, at any time and in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms. The "Last updated" date appearing at the top of this document will be revised to reflect the most recent version. Where a change is material, the Company may provide additional notice through the Service or by electronic means. Your continued access to or use of the Service after the posting of any revised Terms shall constitute your acceptance of such revised Terms. Supplemental terms, policies, or guidelines that may be posted on the Service from time to time are hereby expressly incorporated by reference. In the event of any conflict between these Terms and any supplemental terms, these Terms shall control unless the supplemental terms expressly state otherwise.
The Company operates an entertainment-oriented live video conversation service that enables users to connect in real time during sessions determined by the Company. The Service may connect participants based on preferences you elect to provide and based on other factors determined by the Company in its discretion. The Company does not disclose, and has no obligation to disclose, the specific methods, inputs, order, or classifications used to connect users. The Service is offered solely for purposes of entertainment, social connection, and casual interaction. It is not a dating service, professional matchmaking service, employment or networking service, counseling service, emergency service, or any other form of structured relationship, professional, or safety service.
Features may include real-time video and audio communication, optional guest or temporary sessions subject to limitations, optional paid or administrative features if offered, limited in-Service text communication, reporting and moderation tools, and such other features as the Company may add, modify, or remove at any time. Displayed activity, presence, or popularity indicators may be approximate, delayed, rounded, estimated, or otherwise not a precise census.
Audiovisual streams are delivered to enable a live session. Depending on the type of session, the number of participants, network conditions, and similar operational factors, media may be transmitted in a peer-to-peer manner or may be relayed or otherwise handled by infrastructure providers solely to deliver the session. In the ordinary course, the Company does not record the audiovisual content of live sessions for later playback. The Company makes no warranties regarding the availability, quality, duration, outcome, identity, age, or conduct of any user or any conversation.
The Service is available exclusively to individuals who have attained the age of at least eighteen (18) years. By accessing or using the Service, you represent, warrant, and covenant that you are at least eighteen (18) years of age, possess full legal capacity to enter into this binding agreement, and are not prohibited from using the Service under the laws of your jurisdiction or any other applicable law.
You must self-attest that you are eighteen (18) years of age or older. The Company may introduce optional or required additional age-assurance or identity-verification measures at any time. Any misrepresentation of age will result in immediate termination, forfeiture of any paid features, and may subject you to civil and criminal liability. The Company does not warrant that every other user is in fact eighteen (18) or older and has no duty to independently verify every user except as required by law.
You agree not to assist, encourage, or permit a person under eighteen (18) to access the Service. If the Company obtains actual knowledge that a user is under eighteen (18), the Company will terminate the session and take such additional steps as law requires.
YOU UNDERSTAND AND AGREE THAT THE SERVICE CONNECTS YOU WITH STRANGERS FOR LIVE AUDIOVISUAL CONVERSATION. THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, SEX-OFFENDER-REGISTRY CHECKS, IDENTITY VERIFICATION, OR EMPLOYMENT OR REFERENCE CHECKS ON USERS AS A CONDITION OF ACCESS, EXCEPT TO THE LIMITED EXTENT THE COMPANY ELECTS TO DO SO OR IS REQUIRED BY LAW. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, BOTH ON AND OFF THE SERVICE.
You assume all risk arising from your use of the Service, including the risk of encountering users who misrepresent their identity, age, intentions, or location; who record or capture a session without your consent; who harass, defraud, or harm you; or who encourage you to move a conversation off the Service. The Company is not a party to any interaction between users and has no duty to supervise live sessions in real time.
If you choose to meet any person in person, share contact information, transfer money, or otherwise interact off the Service, you do so entirely at your own risk. The Company has no liability for off-platform meetings, payments, or communications.
By using the Service, you represent, warrant, and agree that: (a) all information you provide is true, accurate, current, and complete; (b) you will promptly update such information; (c) you will not use the Service for any unlawful, fraudulent, or prohibited purpose; (d) you will not infringe, misappropriate, or violate any intellectual-property, privacy, publicity, or other rights of any third party; (e) you will comply with all laws governing recording or capture of communications, including all-party consent requirements; (f) you are not a person with whom the Company is prohibited from dealing under sanctions or export-control laws; (g) you will not use the Service to advertise, solicit, or facilitate prostitution, sex trafficking, or the sexual exploitation of any person; and (h) you will not upload, transmit, or request child sexual abuse material.
You may access limited features by creating a registered account or by using a temporary or guest session. Guest sessions are provided solely for convenience and are subject to time, usage, and feature limitations determined by the Company in its sole discretion. Guest sessions may expire automatically, after which associated identifiers may be deleted or anonymized subject to the Privacy Policy.
You are solely responsible for maintaining the confidentiality of your credentials, tokens, and devices, and for all activity occurring under your account or session, whether or not authorized by you. You agree to notify the Company immediately of any unauthorized access. The Company may treat multiple sessions from the same device, network, or payment instrument as related for safety and enforcement purposes.
The Company may limit you to one account. The Company may refuse, merge, restrict, or terminate accounts that appear to evade a restriction, including through new devices, networks, or guest sessions.
Certain premium features, subscriptions, and paid or administrative services may be made available. All payments are collected and processed exclusively by an authorized third-party payment processor. By initiating any purchase, you authorize the applicable charges and agree to pay all fees, taxes, and other charges. The Company does not store complete payment-card numbers.
If the Company offers a charge associated with administrative review or reinstatement following a restriction, payment of that charge does not create a right to reinstatement, does not waive any violation, and does not limit the Company's right to refuse service. The Company may decline reinstatement for any lawful reason or for no reason.
If you purchase through an app store, the store's payment terms, refund rules, and billing practices control that purchase, and the Company is not the merchant of record for that purchase. You must use the store's support channels for store-billed charges.
Initiating a chargeback or payment dispute without a good-faith basis is a breach of these Terms. The Company may suspend access pending resolution.
All sales are final and non-refundable, except where a refund is mandated by applicable consumer-protection law or where the Company elects, in its sole discretion, to issue a refund due to documented technical malfunction, extended service interruption, or other exceptional circumstances. If you believe you are entitled to a refund, contact [email protected] with a written explanation. Store-billed purchases must be refunded, if at all, through the applicable store.
You agree that you shall not, and shall not permit or encourage any third party to, engage in any of the following while accessing or using the Service:
Any violation may result in immediate and permanent termination, forfeiture of paid features, cooperation with law enforcement, and civil or criminal liability. The Company maintains a zero-tolerance policy for child sexual exploitation, sex trafficking, and nonconsensual intimate imagery. The Company has no affirmative duty to monitor all sessions in real time but may review reports and available records.
The Company does not permit the use of the Service for child sexual abuse material, the sexual exploitation of minors, sex trafficking, or the promotion or facilitation of prostitution. You acknowledge that federal law, including 18 U.S.C. § 1591, 18 U.S.C. § 2421A, and related authorities, and the exception to 47 U.S.C. § 230 enacted by the Allow States and Victims to Fight Online Sex Trafficking Act, may impose liability for knowing facilitation of such conduct. The Company will report apparent child sexual abuse material and related offenses as required by 18 U.S.C. § 2258A.
You may not publish or threaten to publish an intimate visual depiction of any person without that person's consent, including a digitally forged depiction. If an intimate visual depiction of you is published on the Service without your consent, follow the notice-and-removal process described in the Privacy Policy (subject line: "Intimate Image Removal Request"). The Company will remove qualifying material within its possession or control as soon as possible and not later than forty-eight (48) hours after a complete request, and will make reasonable efforts to remove known identical copies. Live sessions that are not recorded may no longer exist to be removed.
The Service may permit you to submit text, reports, images attached to reports, feedback, suggestions, and other materials (collectively, "Contributions"). You retain ownership of your Contributions. By submitting any Contribution, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, perform, display, create derivative works from, and otherwise exploit such Contributions for purposes related to the operation, improvement, moderation, protection, marketing, and development of the Service, and as otherwise described in the Privacy Policy.
You represent that you have all rights necessary to grant the foregoing license and that your Contributions do not violate these Terms or any law. Feedback and suggestions may be used by the Company without restriction or compensation.
All content, code, software, designs, trademarks, service marks, logos, graphics, text, and other materials comprising the Service ("Service Content") are owned by or licensed to the Company and are protected by United States and international intellectual-property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or otherwise exploit any Service Content without prior express written consent, except for the limited, revocable, non-transferable license to use the Service for its intended personal, non-commercial entertainment purpose in accordance with these Terms.
If you believe that material on the Service infringes your copyright, you may send a notice to [email protected] with subject "DMCA Notice" that includes: (a) a physical or electronic signature of a person authorized to act on behalf of the owner; (b) identification of the copyrighted work; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material is not authorized; and (f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner. The Company may remove material and terminate repeat infringers in appropriate circumstances. Counter-notices may be submitted as provided by 17 U.S.C. § 512.
By accessing or using the Service, you acknowledge and agree that the Company and its service providers may deploy Tracking Technologies (as defined in the Privacy Policy) for authentication, security, fraud prevention, performance monitoring, analytics, attribution, and advertising-related functions. Third-party analytics and advertising providers may receive or process similar information subject to their own terms, as more fully described in the Privacy Policy.
Your use of the Service constitutes consent to such Tracking Technologies to the extent consent is required by applicable law, including electronic-communications and analogous statutes. You may manage certain Tracking Technologies through browser settings, device controls, and the opt-out mechanisms described in the Privacy Policy. You agree not to interfere with security, fraud-prevention, or integrity-related technologies except through settings intended for lawful consumer privacy control.
If you submit a waitlist form and affirmatively opt in to SMS or electronic mail, you consent to receive the categories of messages described adjacent to the applicable checkbox. Message frequency may vary. Message and data rates may apply for SMS. You may opt out of SMS by replying STOP and of electronic mail by using unsubscribe links. Transactional and service-related communications may be sent without separate marketing consent where permitted by law. Analytics and advertising-related technologies may operate when you visit the Service regardless of communication opt-in status, subject to applicable opt-out rights.
The Company reserves the right, but has no affirmative obligation, to monitor, review, edit, remove, disable access to, or take any other action with respect to any content, account, or user that the Company determines, in its sole and absolute discretion, violates these Terms, is objectionable, harmful, or inappropriate, or may expose the Company, the Service, or other users to harm, liability, or regulatory risk. The Company is an interactive computer service provider and is protected by 47 U.S.C. § 230 and analogous provisions to the maximum extent permitted by law. You agree that the Company is not the publisher or speaker of information provided by another information-content provider.
General statements that the Company strives to provide a safer experience are aspirational and are not a specific promise to any particular user that any particular item of content will be removed or that any particular user will be excluded.
The Service may contain links to, or integrate with, third-party websites, applications, platforms, payment processors, authentication providers, analytics or advertising partners, infrastructure providers, and app-store operators. The Company exercises no control over and assumes no responsibility for the content, privacy practices, terms, security, or operation of any such third-party resources. Your use of any third-party service is entirely at your own risk.
If you obtain the Service through an app store, you also agree to that store's terms. In the event of a conflict between these Terms and a store's mandatory terms as they apply to a store-distributed application, the store's mandatory terms control solely to the extent of the conflict and solely with respect to that application.
These Terms remain in effect until terminated by you or by the Company. You may terminate by deleting your account through the Service or by contacting [email protected]. The Company may, at any time and in its sole discretion, suspend, restrict, or permanently terminate your account and all access to the Service, with or without prior notice, for any lawful reason or for no reason. Upon termination, all licenses granted to you immediately terminate, and you must cease all use. Provisions that by their nature should survive (including ownership, licenses granted by you, disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive.
The Company may modify, update, enhance, suspend, or discontinue the Service or any portion thereof, with or without prior notice, and shall have no liability for any modification, suspension, or discontinuation. The Service may be available only during limited windows or in limited geographies. The Company does not guarantee any particular schedule.
THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR RELIABLE, OR THAT ANY USER IS WHO THEY CLAIM TO BE, OR THAT ANY PARTICULAR CONNECTION, CONVERSATION, OR OUTCOME WILL OCCUR.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS. YOU DOWNLOAD OR STREAM ANY MATERIAL AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CH3RRY LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, PRODUCT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT LIABLE FOR THE CONDUCT OF ANY USER; FOR HARM ARISING FROM VIDEO CALLS OR MEETINGS ARRANGED THROUGH THE SERVICE; FOR UNAUTHORIZED RECORDING BY A USER OR THIRD PARTY; FOR TECHNICAL ISSUES OR FAILURES OF THIRD-PARTY SERVICES; OR FOR DATA PRACTICES OF THIRD-PARTY ANALYTICS OR ADVERTISING PROVIDERS EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.
THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS. IN SUCH JURISDICTIONS, THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S GROSS NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED.
You agree to indemnify, defend, and hold harmless Ch3rry LLC, its affiliates, and their respective officers, directors, members, employees, agents, licensors, and service providers from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party rights; (d) your Contributions; (e) any dispute between you and any other user; (f) your recording or capture of any session; (g) your off-platform meeting or payment; or (h) your misuse of Tracking Technologies or attempts to circumvent security or measurement systems. The Company may assume exclusive defense at your expense.
Before commencing arbitration or a small-claims action, you and the Company agree to attempt to resolve any dispute informally for at least thirty (30) days. You must send a written notice to [email protected] with subject "Dispute Notice" describing your name, the email or other identifier associated with your account, a description of the dispute, and the relief sought. The Company will attempt to resolve the dispute. This informal process is a condition precedent to arbitration. Statutes of limitation and filing fees are tolled during the informal period.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS TO THE FULLEST EXTENT PERMITTED BY LAW.
Except for disputes that qualify for small-claims court and except for the Company's right to seek injunctive or other equitable relief to protect its intellectual property or confidential information, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if you are using the Service in a business capacity, its Commercial Arbitration Rules) then in effect, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration shall be conducted by a single neutral arbitrator. Hearings may be conducted remotely unless the arbitrator determines that an in-person hearing is required. The Company will pay arbitration filing fees to the extent required by the applicable AAA rules for consumer disputes.
YOU AND THE COMPANY AGREE THAT EACH 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, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING, EXCEPT THAT YOU MAY SEEK PUBLIC INJUNCTIVE RELIEF IN AN INDIVIDUAL CAPACITY TO THE EXTENT SUCH WAIVER IS UNENFORCEABLE UNDER APPLICABLE LAW. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, EXCEPT AS THE APPLICABLE AAA RULES MAY PERMIT FOR THE ADMINISTRATION OF MULTIPLE INDIVIDUAL DEMANDS. THIS CLASS-ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT. IF IT IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL PROCEED IN COURT AND SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS, EXCEPT THAT IF THE CLASS-ACTION WAIVER IS FOUND UNENFORCEABLE AS TO ALL CLAIMS, THEN THE ENTIRE ARBITRATION AGREEMENT SHALL BE UNENFORCEABLE AND THOSE CLAIMS SHALL PROCEED IN COURT ON AN INDIVIDUAL OR CLASS BASIS AS THE COURT MAY DETERMINE.
YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING FOR ANY CLAIM THAT PROCEEDS IN COURT.
You may opt out of this arbitration agreement by sending written notice to [email protected] with subject "Arbitration Opt-Out" within thirty (30) days of the date you first accessed or used the Service, stating your name and the identifier associated with your account. Opting out does not affect any other provision of these Terms.
If a court or arbitrator determines that this arbitration agreement is unenforceable as to a particular dispute, then exclusive venue for that dispute shall lie in the state or federal courts located in the State in which the Company maintains its principal place of business, except that you may bring a qualifying claim in small-claims court in your county of residence. You and the Company consent to personal jurisdiction in those courts.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED. THIS PERIOD DOES NOT APPLY WHERE A LONGER PERIOD IS REQUIRED BY A NON-WAIVABLE STATUTE.
These Terms and any dispute arising from them or the Service are governed by the Federal Arbitration Act (as to the arbitration agreement) and by the laws of the State in which the Company maintains its principal place of business, without regard to conflict-of-law rules, except where non-waivable consumer or privacy law in your jurisdiction of residence requires otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
By using the Service, you consent to receive all communications, notices, agreements, disclosures, and other information from the Company electronically. You agree that all such electronic communications, including your clicks, taps, or other affirmative actions on buttons, links, or forms, shall have the same legal force and effect as written signatures and paper documents under the Electronic Signatures in Global and National Commerce Act and applicable state law, including the Uniform Electronic Transactions Act as adopted.
You may not use, export, re-export, or transfer the Service except as authorized by United States law and the laws of the jurisdiction in which you obtained the Service. You represent that you are not located in any embargoed jurisdiction and are not a denied or restricted party under United States sanctions or export-control laws.
The Company is not liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riot, embargo, acts of civil or military authorities, fire, flood, accident, strike, shortage, epidemic, utility or telecommunications failure, or failures of third-party platforms or infrastructure providers.
Where applicable privacy or consumer law grants you additional rights, those rights are described in the Privacy Policy and are honored to the extent legally required. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. To exercise privacy rights, contact [email protected] as described in the Privacy Policy.
You retain ownership of your Contributions, subject to the license granted to the Company. The Company owns and retains all right, title, and interest in and to the Service, including all aggregated and de-identified data, methods, improvements, and derivative works derived from operation of the Service. Upon termination, the Company may retain certain data as required or permitted by law or as described in the Privacy Policy.
These Terms, together with the Privacy Policy and any supplemental terms posted on the Service, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements concerning the same subject matter. If any provision is held invalid, the remaining provisions continue in effect, except as provided in the arbitration section. The Company may assign these Terms without your consent. You may not assign these Terms without the Company's prior express written consent. The Company's failure to enforce any provision is not a waiver. These Terms do not create any third-party beneficiary except the indemnified parties with respect to the indemnification section. You and the Company are independent contractors. Headings are for convenience only. The English-language version controls. Notices to you may be sent to the contact information associated with your account or posted on the Service. Notices to the Company must be sent to [email protected] with an appropriate subject line.
These Terms shall be construed as if drafted jointly. The rule of construction that ambiguities are resolved against the drafter shall not apply. If these Terms are translated, the English version controls.
Email: [email protected]. For legal notices, use subject line "Legal Notice". For intimate-image removal requests, use subject line "Intimate Image Removal Request". For arbitration opt-out, use subject line "Arbitration Opt-Out". For dispute notices, use subject line "Dispute Notice". © 2026 Ch3rry LLC. All rights reserved.