Terms of Service

1. Definitions

For the purposes of these Terms:

• "Creator" means a User who offers digital content or services through the Platform.
• "Fan" means a User who purchases or requests content or services.
• "User Content" means any content, materials, or communications uploaded, shared, or made available by Users.
• "Transaction" means any agreement between a Fan and a Creator for the purchase of content or services.

2. Eligibility

You represent and warrant that:

• you are at least eighteen (18) years of age or the age of majority in your jurisdiction;
• you have the legal capacity to enter into binding agreements;
• you will comply with all applicable laws and regulations.

Use of the Platform by minors is strictly prohibited.

3. Account Registration

3.1 To access certain features, you must create an account.

3.2 You agree to provide accurate, current, and complete information.

3.3 You are solely responsible for:

• maintaining the confidentiality of your login credentials;
• all activities conducted through your account.

3.4 You must notify us immediately at support@cherrypop.io if you suspect unauthorized use of your account.

Cherrypop reserves the right to suspend or terminate accounts at its sole discretion.

4. Platform Nature and Role

4.1 Cherrypop is an online platform that enables creators to offer digital content and services and allows users to discover, request, and purchase such content or services.

4.2 The Platform is content-agnostic and does not exclusively focus on any particular category of content. Certain categories, including adult-oriented content, may be permitted where compliant with these Terms and applicable laws.

4.3 Cherrypop is not a party to any Transaction. All Transactions are entered into directly between Users.

4.4 Cherrypop does not:

• act as a seller, provider, or distributor of content or services;
• control or guarantee the quality, legality, or delivery of any content or services;
• assume responsibility for interactions or agreements between Users.

5. Creator Obligations

Creators represent and warrant that:

5.1 They own or have obtained all necessary rights, licenses, and permissions for their User Content.

5.2 Their content and services:

• comply with all applicable laws and regulations;
• do not infringe any third-party rights;
• are accurate and not misleading.

5.3 Creators are solely responsible for fulfilling any Transactions they enter into.

5.4 Where content includes identifiable individuals, Creators must ensure that:

• all individuals are at least eighteen (18) years old;
• all individuals have provided informed and explicit consent.

5.5 Where Creators publish adult-oriented content, they must ensure that such content:

• involves only consenting adults;
• complies with all applicable laws;
• does not include prohibited or unlawful material.

6. Fan Obligations

Fans agree that:

6.1 They will pay for any content or services they purchase.

6.2 They will not engage in fraudulent, abusive, or unlawful behavior.

6.3 They understand that all purchases are made directly from Creators, not from Cherrypop.

7. Payments

7.1 Payments on the Platform are processed by third-party payment providers.

7.2 Cherrypop does not guarantee:

• payment success;
• availability of payment methods;
• processing times.

7.3 Transactions may be declined, delayed, or reversed due to factors beyond our control.

7.4 All purchases are generally final and non-refundable, except at Cherrypop's sole discretion.

7.5 Cherrypop reserves the right to:

• suspend or terminate accounts in connection with chargebacks or disputes;
• withhold or adjust payouts to manage risk or enforce these Terms.

8. Acceptable Use

Users may use the Platform only for lawful purposes.

Users shall not:

• upload or distribute illegal content;
• upload content involving minors;
• share non-consensual, exploitative, or abusive material;
• engage in fraud, harassment, or deceptive practices;
• violate any applicable laws or regulations.

The Platform may allow adult-oriented content; however, such content must:

• comply with all applicable laws;
• involve only consenting adults;
• not include prohibited or unlawful material.

Cherrypop reserves the right to remove content and suspend or terminate Users without notice.

9. User Content

9.1 Users retain ownership of their User Content.

9.2 By uploading content, you grant Cherrypop a worldwide, non-exclusive, royalty-free license to host, display, and distribute such content for the purpose of operating the Platform.

9.3 Cherrypop does not endorse or guarantee User Content.

10. Platform Rights

Cherrypop reserves the right, at its sole discretion, to:

• modify, suspend, or discontinue the Platform;
• remove or restrict access to content;
• suspend or terminate accounts;
• investigate violations of these Terms;
• comply with legal and regulatory obligations.

11. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, Cherrypop disclaims all warranties, including:

• merchantability;
• fitness for a particular purpose;
• non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, Cherrypop shall not be liable for:

• User Content or its accuracy;
• actions or omissions of Users;
• Transactions between Users;
• payment failures or technical issues;
• indirect or consequential damages.

Your use of the Platform is at your sole risk.

13. Indemnification

You agree to indemnify and hold harmless Cherrypop OÜ, its directors, employees, and affiliates from any claims, damages, liabilities, and expenses arising from:

• your use of the Platform;
• your User Content;
• your violation of these Terms or applicable law.

14. Disputes Between Users

Any disputes between Users shall be resolved directly between those Users.

Cherrypop is not obligated to mediate or resolve disputes but may do so at its sole discretion.

15. Termination

Cherrypop may suspend or terminate your access to the Platform at any time, with or without notice, for any reason.

16. Changes to Terms

Cherrypop may update these Terms at any time.

Continued use of the Platform constitutes acceptance of the updated Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Estonia.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Estonia.

18. Contact Information

Cherrypop OÜ (17442185)

Vesivärava tn 13, 10126, Tallinn, Estonia.

Email: support@cherrypop.io