CheeryClick - Terms of Use and Privacy Policy

Acceptance of Terms of Use

The Service is offered subject to your acceptance, without modification, of all the Terms of Use and any other operating rules, policies, and procedures that may be published from time to time by CheeryClick in relation to the Services. Additionally, certain services offered through the Service may be subject to further terms and conditions as set by CheeryClick, which will be incorporated into these Terms of Use by reference. CheeryClick reserves the right to refuse offering the Service to any individual or entity at its discretion and may change its eligibility criteria at any time. Where prohibited by law, this provision is null and void, and access to the Service is revoked in such jurisdictions.

Rules and Conduct

By using CheeryClick, you agree that the Service is intended solely for creating AI models of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI models of others, you must have their express permission to use their photos and to create, train, and generate AI-generated images of them.

As a condition of use, you agree not to use the Service for any purpose that is prohibited by the Terms of Use. For example, and without limitation, you shall not (and shall not permit any third party to) take any action (including using the Site, any Assets, or our models or derivatives of our models) that: violates any applicable law, rule, or regulation; infringes on the intellectual property or other rights of any person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, encouraging self-harm, or profane; creates Assets that exploit or abuse children; generates or spreads false information intended to harm others; impersonates or attempts to impersonate others; generates or shares personally identifying information; creates Assets that imply or promote support for a terrorist organization; or creates Assets that condone or promote violence against individuals based on any legally protected category.

You also agree not to use the Service for generating nudes or pornography.

By using the Service and uploading content, you explicitly acknowledge and agree not to upload, post, generate, or share any photos or content depicting minors (individuals under the age of 18). Additionally, in compliance with applicable laws, we reserve the right to monitor and review any uploaded or generated content. If we detect any content featuring minors, we will immediately remove it and report potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities. By using our platform, you consent to such monitoring, review, and reporting, and understand that violating these terms may result in legal consequences.

DMCA and Takedown Policy

CheeryClick utilizes artificial intelligence systems to create Assets, which may unintentionally resemble copyrighted material or trademarks owned by others. We respect the rights of intellectual property holders globally and expect our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please contact us via Discord, and we will review your claim, investigate, and take appropriate action under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws regarding alleged or actual infringement.

Modification of Terms of Use

CheeryClick reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or to change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the CheeryClick website or Service, or by sending you an email. CheeryClick may also place limitations on certain features and services, or restrict your access to parts or all of the Service, without notice or liability. It is your responsibility to periodically review the Terms of Use for any changes. Continued use of the Service after any changes to the Terms of Use have been posted constitutes your acceptance of those changes.

Trademarks and Patents

All CheeryClick logos, marks, and designations are trademarks or registered trademarks of CheeryClick. Any other trademarks mentioned on this website are the property of their respective owners. The trademarks and logos displayed on this site may not be used without prior written consent from CheeryClick or the respective owners. Portions, features, and functionality of CheeryClick products may be protected by patents or patent applications held by CheeryClick.

Licensing Terms

As long as you comply with this Agreement, the following terms, and any legal limitations, CheeryClick grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and revocable license to use the Service for personal or business purposes. You retain ownership of all Assets you create with the Service, and we assign you all rights, title, and interest in those Assets for personal or commercial use. CheeryClick reserves all rights not expressly granted under these Terms of Use. Every user must have a unique account, and you're accountable for any activity conducted under your account. Violation of any of our Terms of Use may result in the immediate termination of your access to the Service. By using the Service, you grant CheeryClick, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, and irrevocable license to use, reproduce, modify, publish, and distribute any text prompts or images you input into the Service or Assets produced at your direction. This allows CheeryClick to improve and maintain the Service and make Assets available as necessary. You acknowledge that this license is granted without compensation, as your use of the Service is considered sufficient compensation. Additionally, you grant other users a worldwide, non-exclusive, royalty-free license to access and use your publicly available Assets within the Service. The license to CheeryClick survives the termination of this Agreement by either party.

Fees and Payments

By completing your purchase, you acknowledge that CheeryClick provides immediate access to digital content, and you waive your right to a 14-day withdrawal period. CheeryClick offers both free and paid services. More information on paid subscriptions can be found here. Monthly subscriptions are billed in U.S. dollars and renew automatically. You may cancel your subscription at any time through the website or by contacting us via Discord. Cancellations do not result in refunds or credits for previously billed amounts. CheeryClick reserves the right to modify its pricing at any time, with changes taking effect upon your next subscription renewal. Subscription fees (Fees) exclude taxes, duties, and similar assessments, which you are responsible for. We may invoice you for such taxes, and you agree to pay them promptly. If your Fees are overdue, CheeryClick may suspend your access to the Service after providing written notice. You may not create multiple accounts to exploit the Free tier. If CheeryClick suspects misuse of the Free tier, we may charge standard fees or revoke access to the Service.

Termination

CheeryClick reserves the right to terminate your access to any or all parts of the Service at any time if you fail to comply with these Terms of Use, which may result in the loss and deletion of all information associated with your account. Additionally, either party may terminate the Services at any time, for any reason, with written notice. If you wish to terminate your account, you can follow the instructions provided on the Service. Please note that any fees paid are non-refundable. Upon termination, all rights and licenses granted to you under this Agreement will immediately cease, but provisions that should survive termination—such as warranty disclaimers, indemnity, and limitations of liability—will remain in effect.

Indemnification

You agree to defend, indemnify, and hold harmless CheeryClick, its affiliates, and their employees, contractors, directors, suppliers, and representatives from any liabilities, losses, claims, or expenses, including reasonable attorney's fees, that arise from or are related to (i) your use, misuse, or access to the Service, or (ii) your violation of the Terms of Use, or any applicable law, policy, regulation, or contract. CheeryClick reserves the right to assume exclusive defense and control of any matter subject to indemnification, and in such cases, you agree to cooperate with CheeryClick as needed.

Age Requirements

By accessing the Services, you affirm that you are at least 18 years old and meet the minimum age for digital consent in your country. If you do not meet the age requirement to consent to our Terms of Use in your jurisdiction, your parent or guardian must agree to this Agreement on your behalf. Please have your parent or guardian read these terms with you. If you are a parent or legal guardian allowing your teenager to use the Services, these terms also apply to you, and you are responsible for your teenager's activities on the Services. We make no guarantees regarding the suitability of the Assets for your needs.

Miscellaneous

The Terms of Use constitute the complete agreement between you and CheeryClick concerning the Service and supersede all previous or concurrent communications and proposals (whether oral, written, or electronic) between you and CheeryClick regarding the Service. If any provision of the Terms of Use is determined to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary to ensure that the remaining Terms of Use remain in full force and effect. The failure of either party to exercise any right provided in these Terms shall not be construed as a waiver of any further rights. CheeryClick shall not be liable for any failure to fulfill its obligations due to circumstances beyond its reasonable control. The Terms of Use are personal to you and cannot be assigned or transferred without prior written consent from CheeryClick. CheeryClick may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. No agency, partnership, joint venture, or employment relationship is created by the Terms of Use, and neither party has any authority to bind the other in any respect. Except as otherwise specified, all notices under the Terms of Use must be in writing and will be deemed delivered when received if personally delivered or sent by certified or registered mail with a return receipt requested; when receipt is confirmed electronically, if sent by fax or email; or two days after being sent, if sent via recognized overnight delivery service.

Termination of Repeat Infringers

We reserve the right to terminate or disable your access to the Site in appropriate circumstances if we determine that you are a repeat copyright infringer.

Disclaimer

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CheeryClick MAKES NO WARRANTIES THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS OBTAINED FROM USING THE SITE WILL BE ACCURATE OR RELIABLE. CheeryClick reserves the right, at its sole discretion, to modify or discontinue the Site (or any part of it) temporarily or permanently, with or without notice. You agree that CheeryClick will not be liable to you or any third party for any modifications or discontinuations of the Site, except as outlined in the “Limitation of Liability” section below. You understand that we are not responsible for any activities or legal consequences arising from your use of the Site. Users must ensure that their use of the Site complies with all applicable laws and regulations in their respective jurisdictions, as well as these Terms. Violating these Terms may result in the suspension or termination of your access to the Site at our sole discretion.Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CheeryClick NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CheeryClick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (B) THE CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SITE; OR (C) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL CheeryClick'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Links to and From Other Websites

You may access other websites through links on the Site. These Terms apply solely to the Site and do not extend to third-party websites. Likewise, you may have arrived at the Site through a link from another website. The terms of use for other websites do not govern the Site. CheeryClick assumes no responsibility for the terms of use or materials of any external websites accessed via links. You are permitted to establish a hypertext link to the Site as long as the link does not imply any sponsorship of your website or service by CheeryClick or the Site. Unless we have given prior written consent, any reference to our products, services, processes, or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply our endorsement, sponsorship, or recommendation. You may not frame or inline link any content of the Site, scrape the Site, or incorporate our material, content, or intellectual property into another website or service without our prior written permission, unless otherwise permitted in accordance with a license or separate terms.