Terms & Condition

Welcome to Cherry FLFM!

Cherry FLFM is owned and operated by Cherry FLFM Inc.

These are the terms and conditions for: 

• Cherry FLFM mobile application (Available on Google Play and App Store).

• www.CherryFLFM.com

The following terms and conditions apply to your use of the Cherry FLFM platform. This includes the mobile and tablet versions, as well as any other version of Cherry FLFM accessible via desktop, mobile, tablet, social media or other devices.

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the word “platform” refers to the Cherry FLFM mobile application and the Cherry FLFM website together, “we”, “us”, “our” and “Cherry FLFM” refers to Cherry FLFM Inc., and “you” and “user” refers to you, the Cherry FLFM user. 

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM. 

1. INTRODUCTION

Based in Vancouver, British Columbia, Canada, Cherry FLFM Inc. is a company dedicated to providing an inclusive platform through its mobile app, Cherry FLFM. This app is specifically designed to help sapphic people connect and form friendships or romantic relationships.

The term “sapphic” refers to a female-aligned person who is attracted to women or female-related genders and identities (source: LGBTQIA+ Wiki). By using this term, we want to emphasize that Cherry FLFM is an inclusive space, which will always welcome trans and non-binary people.  

2. ACCEPTANCE OF TERMS

By accessing or using our platform and services or any other platform or service Cherry FLFM may offer, you agree to and are bound by this Agreement. This Agreement applies to anyone accessing or using our services, regardless of your registration or subscription status.

Your access to and use of our services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines and Safety Tips, as well as any terms and conditions disclosed to and agreed to by you when you purchase additional features, products, or services from Cherry FLFM (“Additional Terms of Purchase”) that are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our services.

Subject to applicable law, we reserve the right to modify, amend, or change the terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the terms by email or other means; however, you are responsible for regularly checking this page for changes. Your continued access or use of our services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated terms. If you do not agree to a change in the terms, you must immediately stop accessing or using our services. In addition, we reserve the right to change the availability of features in our subscription plans.

By using the platform, you represent and warrant that you have the full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

3. AGE RESTRICTION

By using the platform, you confirm and warrant that you are at least 18 years of age or meet the legal age of majority in your country of residence. This platform is not intended for use by persons under 18 years of age or persons who do not meet the legal age of majority in their country of residence. We reserve the right to restrict or withdraw access to any user who we believe does not meet this age requirement.

4. NOTIFICATIONS 

By providing your email address to Cherry FLFM, you agree that we may use your email address to send you notifications and other messages, such as changes to platform functionality, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the Contact Us page on our website or by using the “unsubscribe” option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news, or special content related to Cherry FLFM.

5. ACCOUNT ELIGIBILITY

Before creating a Cherry FLFM account and accessing our services, you must ensure that you meet all eligibility requirements. By using our platform, you confirm and warrant that you comply with the following conditions. If at any time you no longer meet these requirements, your authorisation to access our services will be automatically revoked and you will have to delete your account immediately. Cherry FLFM reserves the right to revoke your access to the services without prior notice.

By creating a Cherry FLFM account, you represent and warrant that:

1. You are a natural person over 18 years of age: Only natural persons, over 18 years of age, may create an account and use our services. Legal entities, corporations, or businesses are not authorised to create Cherry FLFM accounts.
2. You have the legal capacity to enter into a binding contract: You are legally able to accept these Terms and Conditions, and you may enter into a binding contract under the applicable laws of your country of residence and Canadian law.
3. You are not in a country subject to embargoes or restrictions by the Canadian Government: You do not reside in or operate from a country that is subject to an embargo by the Government of Canada, or in a country that has been designated as a sponsor of terrorism by the Canadian Government.
4. You do not appear on government sanctions lists: You are not included on Canada’s Consolidated List of Autonomous Sanctions, or any similar list issued by any government agency, and you do not face any prohibition on doing business under Canadian or international law.
5. You are in compliance with all applicable laws: You are not prohibited by law from accessing or using our services in your country or under any international law.
6. You do not have a criminal record relating to violence, sexual offences, or other serious crimes: You have not been convicted of, or pleaded guilty to, serious crimes involving violence, threats of violence, sexual offences or any other crimes of similar seriousness. This includes, but is not limited to, offences for which registration on sex offender lists is required. If you have received clemency for a non-violent offence, Cherry FLFM reserves the right to assess whether you pose a risk to the safety of other users before allowing you to use our services.
7. You are not required to register on any sex offender registry: You are not subject to an obligation to register on a provincial, federal or local sex offender registry.
8. You do not have multiple accounts: Only one account per user is allowed on Cherry FLFM. If you are found to have multiple accounts, we reserve the right to delete your additional accounts without notice.
9. You have not been previously removed from our services: If your account has been previously removed from Cherry FLFM due to a violation of our Terms and Conditions, you may not create a new account without our express written consent.

If at any time you fail to comply with any of the above requirements, your access to Cherry FLFM will be revoked immediately and without notice. You must delete your account from the platform immediately and refrain from using our services. Cherry FLFM reserves the right to suspend or delete any account that does not meet these eligibility criteria.

6. ACCOUNT AND USER PROFILE

By creating an account on Cherry FLFM, you agree to provide true, accurate, and up-to-date information in order to set up your user profile. Creating an account requires you to provide a valid phone number, email address, and any other information necessary to use the platform’s services. You are responsible for maintaining the confidentiality of your login credentials and any activity that occurs under your account.

Your user profile must reflect true and accurate information about yourself. You may not create false profiles or impersonate others. The data provided in your profile, including but not limited to your name, age, gender, preferences, approximate location, and photos, must be accurate representations of your identity. By using our services, you agree not to use false or misleading information that may mislead other users.

Cherry FLFM reserves the right to review, suspend or delete any account that, in its sole discretion, is determined to be in violation of these Terms and Conditions, or is using false or misleading information in the user profile. In addition, you are only permitted to have one active account on the platform. The creation of multiple accounts is prohibited, and any duplicate accounts will be deleted without notice.

By using your account, you also agree not to share your login credentials with third parties, or to allow others to use your account on your behalf. You are solely responsible for the security of your account and for all actions taken under your account. If you suspect any unauthorised use of your account, you must report it immediately to Cherry FLFM support for appropriate action.

We reserve the right to request additional documentation or verifiable information to confirm the authenticity of profiles or accounts. In the event that such information is not provided, Cherry FLFM may temporarily suspend access to the account or permanently delete the account.

Users have the right to close their account at any time without justification. To close your account, you can do so directly through the platform settings or by contacting the support team. Once the account is closed, all information related to the account, including profile data and interactions, will be deleted in accordance with our data retention policies. It will not be possible to restore an account once it has been closed, and should you wish to use our services again, you will need to create a new account from scratch.

7. PURCHASES, SUBSCRIPTIONS, AND REFUNDS

7.1. Purchases and Subscriptions

Cherry FLFM offers its users the ability to purchase products and services within the platform, including subscription plans, which will automatically renew until the user chooses to cancel them. These purchases can be made through external services such as iTunes, Google Play, or other authorized services, or through direct payment methods on the Cherry FLFM website or app. By making any purchase or subscription, you agree to the terms and conditions described below.

Purchases and subscriptions can be handled in two main ways: through External Services Purchases (processed by third parties, such as Apple or Google) or through Internal Purchases (directly on the Cherry FLFM platform). The following are the terms and conditions applicable to both types of purchases.

7.2. Purchases of External Services and Subscriptions

When you make a purchase through an External Service, such as your Apple ID or Google Play account, you will be charged according to the terms and conditions specific to that service. It is your responsibility to manage and cancel subscriptions directly from your account on the applicable External Service. Subscriptions purchased through these services automatically renew until you cancel them, and charges will be applied periodically based on the price and period you agreed to at the time of subscription.

To cancel a subscription made through an External Service, you must log in to your account on that service (e.g., Apple or Google Play) and follow the instructions to manage or cancel the subscription. If you choose to cancel your subscription, you may continue to use the benefits until the end of the current subscription period, but it will not be renewed once it expires.

Cherry FLFM is not responsible for handling refunds for purchases made through External Services. If you wish to request a refund for a purchase through Apple, Google Play, or another external service, you must follow that provider’s procedures.

7.3. Internal Purchases and Subscriptions

Internal Purchases, such as subscriptions made directly on the Cherry FLFM website or app, are processed using the payment method provided by the user. You agree to pay the prices indicated for the services selected, as well as any applicable taxes. Subscriptions purchased through Internal Purchases will also automatically renew until you cancel them. If you decide to cancel your subscription, you may do so from the account settings section within the website or app. As with External Services, you will continue to enjoy the benefits of the subscription until the end of the current term.

Cherry FLFM reserves the right to correct any billing errors, even if payment has already been made. In the event that you initiate a chargeback or the payment made using your payment method is reversed, Cherry FLFM may immediately cancel your account, assuming that you have decided not to continue with the subscription.

7.4. Automatic Renewal

All subscriptions purchased through Cherry FLFM, whether through External Services or Internal Purchases, will automatically renew at the end of each subscription period. Unless you cancel prior to the renewal date, you authorize us to collect the renewal amount using the payment method provided. It is your responsibility to ensure that your payment information is up to date. If you do not want your subscription to automatically renew, you must cancel before the end of the current term.

7.5. Refund Policy

In general, all Cherry FLFM purchases are final and non-refundable. However, you have the right to cancel your subscription without penalty within three business days of the initial subscription date. If you die or become incapacitated before the end of your subscription period, your estate or you (or your legal representative) may request a refund of the pro rata portion of the payment for the unused period.

If you subscribed using an External Service (such as Apple or Google Play), you must handle refund requests directly through the external provider. For Internal Purchases, you may contact Cherry FLFM Customer Service by providing the order number and email address associated with your account to request a refund.

8. CONTENT

It is important that you understand your rights and responsibilities regarding the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Cherry FLFM provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

8.1. Your Content

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact information, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses, or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 8.2), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

8.2. Prohibited Content

Cherry FLFM strictly prohibits the posting or sharing of any content that violates these Terms or in any way compromises the safety, well-being, and experience of users. Uploading or sharing prohibited content will result in immediate suspension or termination of your account. Below are the types of content that are strictly prohibited on our platform:

• Content that is offensive or harasses other users: Sharing content that could reasonably be considered offensive, harassing, abusive, or that causes emotional or psychological distress to any other user is prohibited. This includes any message, image, or video that promotes verbal abuse, threats, intimidation, or any form of harassment.
• Obscene or pornographic content: It is not permitted to upload or share obscene, sexually explicit, pornographic, or nude material, whether in profiles, messages, or any other space within the platform. Cherry FLFM promotes a safe environment, and this type of content violates the fundamental principles of respect and safety.
• Content that promotes hate or discrimination: Any content that is abusive, threatening or promotes racism, sexism, homophobia, transphobia, xenophobia, or any form of hatred or bigotry is strictly prohibited. This includes comments, images, or material that promotes discrimination or incites violence against individuals or groups based on their race, gender, sexual orientation, religion, nationality, or other protected attributes.
• Encouragement of illegal or dangerous activities: Sharing any content that encourages or facilitates illegal activities, such as terrorism, hate speech, human trafficking, or in any way incites the commission of a crime is strictly prohibited. This includes the promotion of self-harm, eating disorders, dangerous challenges, or behaviors that may endanger the life or safety of any person.
• Defamatory or false content: It is not permitted to post content that is defamatory, libelous, slanderous, misleading, or intended to damage the reputation of other users, entities, or Cherry FLFM. The platform does not tolerate the dissemination of false or harmful information that may harm individuals or companies.
• Unauthorized commercial content: Cherry FLFM is not a platform for commercial activities, so it is prohibited to share content related to sales, contests, promotions, or any type of commercial solicitation. This includes the promotion of social media accounts, sexual services, “sugar daddy” or “sugar baby” relationships, as well as the inclusion of links to external websites for commercial purposes.
• Spam and Malicious Content: Any attempt to transmit spam or content involving spyware, viruses, adware, worms, corrupted files, or other malicious software is strictly prohibited. Cherry FLFM strives to maintain the security of its platform and does not tolerate attempts to compromise its infrastructure or that of its users.
• Infringement of third-party rights: You are not allowed to share content that infringes the intellectual property rights, copyrights, trademarks, or any other rights of third parties. If you share content, you must ensure that you are the owner of such material or have the appropriate permissions for its publication.
• Misuse of images of people: You may not post images or likenesses of another person without that person’s explicit consent. In the case of minors, it is mandatory to have the authorization of a parent or guardian. In addition, you may not upload images of minors that are not fully clothed or that may suggest, in any way, participation in sexual activities.
• Content that does not meet the purpose of the platform: Cherry FLFM is a platform for connecting sapphic people. Any content that is not compatible with this purpose or that detracts from the use of the services is prohibited. This includes content that may distract, alter, or corrupt the intent of the platform.
• Content that may damage Cherry FLFM’s reputation: You are not allowed to share content that defames or damages the reputation of Cherry FLFM, its affiliates, or promotes misuse of the services. Any action that negatively affects the image of Cherry FLFM will be treated with the utmost severity.

Violation of any of these provisions with respect to prohibited content will result in immediate suspension or deletion of the account involved, and Cherry FLFM reserves the right to take such further legal action as we deem appropriate.

8.3. Member Content

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these terms.

Other users will also share content on our services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide.  Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content. 

You do not have any rights in relation to Member Content, and, unless expressly authorized by Cherry FLFM, you may only use Member Content to the extent that your use is consistent with our services’ purpose of allowing us to communicate with and meet one another. You may not copy Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

8.4. Our Content

Cherry FLFM owns or licenses all other content on our services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our services is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, titles, and interest in and to Our Content remains with us at all times.

9. CHAT AND MESSAGING

The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform. The user may NOT use the chat or messaging service available on the platform to do any of the following:

• Send messages that are defamatory, violent, profane, harassing, obscene, threatening, or messages that otherwise violate the legal rights of users or third parties, including Cherry FLFM staff.
• Sending messages of a sexual or pornographic nature.
• Sending messages that promote illegal activities.
• Sending files with prohibited content (see Section 8.2).
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or user or allow another person or entity to use your account to send messages or otherwise use your account.
• Repeatedly send the same message. Spamming is strictly prohibited.
• Imply or represent that any statement you make is endorsed by Cherry FLFM, without Cherry FLFM’s prior written consent.
• Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
• Using the platform to collect personal data from users.

Any breach or violation of the provisions contained in these terms and conditions may result in the suspension of the offending user’s account, with or without notice and without the right to compensation.

10. RESPONSIBILITIES AND PROHIBITED USES 

By using the Cherry FLFM platform, you agree to comply with all the responsibilities and obligations described below, as well as to refrain from any of the prohibited activities that may impair the use and operation of our services.

You agree to:

• Comply with these terms and conditions and periodically review this page to be aware of any changes or updates.
• Comply with all applicable laws and regulations, including but not limited to privacy, copyright, intellectual property, and anti-spam laws.
• Always use the most recent version of the Cherry FLFM application and/or website to ensure secure and up-to-date access to our services.
• Review and follow the Security Tips provided by Cherry FLFM.
• Follow the Community Guidelines, which are updated periodically to ensure a safe and respectful environment.
• Take the necessary measures to protect the security of your login information, such as passwords and credentials.

Furthermore, you agree not to do any of the following:

• Misrepresent your identity, age or affiliation with any person or entity.
• Use the services in a manner that causes damage, interferes with, or disrupts its operation or the access of other users.
• Use our services for unlawful, harmful or malicious purposes, such as harassment, intimidation, stalking, stalking, defamation, or any kind of psychological or physical abuse.
• Post or share prohibited content, such as offensive, violent, discriminatory, explicit material, or any content that violates laws or our internal policies.
• Request personal information, passwords, or identification data for commercial purposes, unlawful or without proper consent.
• Soliciting money or other goods of value from other users for any reason, whether as a loan, gift, or compensation.
• Use another user’s account or share your credentials with third parties.
• Participate in fraudulent activities, pyramid schemes, or any deceptive practices.
• Use our services to promote or finance political campaigns or to influence elections, beyond sharing your own personal opinions.
• Violate the terms of the license granted by Cherry FLFM, which limits your use of the services to the purposes for which they were designed.
• Disclose private, confidential, or proprietary information without proper consent.
• Copy, modify, distribute, or create derivative works of any Cherry FLFM or other users’ content without the express written permission of Cherry FLFM.
• Imply, suggest or state that any content you post is endorsed or approved by Cherry FLFM without our consent.
• Use technologies such as robots, crawlers, automated, or manual applications to access, collect, or manipulate data on the platform.
• Upload viruses or any type of malicious code that compromises the security of our services and systems.
• Manipulate identifiers or forge headers to disguise the origin of any content transmitted through our services.
• Frame, mirror, or use metatags that redirect traffic to other sites without Cherry FLFM’s authorization.
• Reverse engineer, decompile, disassemble, or modify any part of our services or develop third party applications that interact with our systems without permission.
• Use, access, or publish Cherry FLFM’s application programming interface (API) without our written permission.
• Test, probe, or breach the security of our services or systems.
• Encourage or engage in activities that violate these terms or Cherry FLFM’s policies.
• Create a new account after your account has been suspended or terminated, unless you receive express authorization to do so.
• Submit false reports or abuse the reporting and appeals systems available on the platform.

The license and access to the services granted to you under these Terms and Conditions will be automatically revoked if you do any of the above prohibited actions. Cherry FLFM reserves the right to suspend or terminate your access without notice if any violation is detected.

11. LIMITATION OF LIABILITY

Cherry FLFM is a platform that facilitates social interactions between sapphic individuals for the purpose of establishing friendships or romantic relationships, but does not guarantee and is not responsible for the results of such interactions. In using the platform, users are responsible for their decisions and behaviors, and Cherry FLFM makes no guarantees regarding the formation of relationships, the safety of interactions, or the success or satisfaction with the results obtained through the use of the application.

In no event shall Cherry FLFM be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of the use or inability to use the platform, even if we have been advised of the possibility of such damages. This includes, without limitation, damages for economic loss, loss of opportunity, emotional damages, mental anguish damages, reputational damages, or any other damages arising from interactions between users, whether online or in off-platform encounters.

Cherry FLFM does not conduct extensive background checks, nor does it conduct investigations into criminal records or past behavior of users. Therefore, it is not responsible for the safety, truthfulness, legality, or suitability of any user you interact with on the platform. Users are responsible for taking all necessary precautions when interacting with others, both online and offline, and should consult and follow the Safety Tips provided on the platform to protect their well-being. Any decision you make regarding meeting or interacting with another user is at your own risk, and Cherry FLFM shall not be liable for the actions, conduct, or statements of users.

The platform may also contain links to third-party websites or services, but Cherry FLFM does not endorse or guarantee these websites or services, nor is Cherry FLFM responsible for their content, products, or services. Any interactions or transactions you conduct with third parties linked through Cherry FLFM are your sole responsibility, and Cherry FLFM is not responsible for any damages or losses arising from such interactions.

Cherry FLFM does not warrant that the service will be available on an uninterrupted, error-free, or completely secure basis. We are not responsible for interruptions, technical failures, connectivity problems, system errors, or any other inconvenience that may affect your ability to access or use the platform at any time. This includes failures due to factors beyond our control, such as third-party network problems, computer attacks, or force majeure situations. 

Although Cherry FLFM takes steps to moderate content posted by users, immediate removal of inappropriate, offensive, or illegal content cannot be guaranteed. Users are responsible for reporting any content or behavior that violates community standards, and Cherry FLFM is not responsible for the content users share on the platform.

The platform is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Cherry FLFM does not warrant that the platform will meet your expectations, that it will be secure, or that it will be free from defects. Your use of the platform is at your own risk, and you agree that Cherry FLFM is not responsible for the risks inherent in online social interactions.

In the event that any user violates these terms and conditions or makes a chargeback or disputes a payment, Cherry FLFM reserves the right to terminate such user’s account without notice. In addition, Cherry FLFM may, in its sole discretion, modify, suspend, or terminate the service at any time without notice, and shall not be liable for any damage, loss, or inconvenience resulting from such modification, suspension or termination.

By using Cherry FLFM, you acknowledge that you understand and agree that we cannot control or predict user behavior, and any interaction, whether online or offline, is at your own risk and discretion.

12. CRIMINAL BACKGROUND AND IDENTITY VERIFICATION CHECKS

Cherry FLFM does not conduct criminal background checks on its users. It encourages users to complete identity verification through a third party. There is no way to guarantee that these identity verification checks are 100% accurate. Although Cherry FLFM strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the service. Use your best judgment when interacting with others and review our Safety Tips.

YOU UNDERSTAND THAT CHERRY FLFM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR GUARANTEE THAT IDENTITY VERIFICATION CHECKS ARE 100% ACCURATE OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CHERRY FLFM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. CHERRY FLFM RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE CHERRY FLFM TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

13. LICENSE TO USE THE PLATFORM

Cherry FLFM grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Cherry FLFM platform and downloadable through the App Store and Google Play Services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions, and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. 

The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Cherry FLFM platform or third parties.

Cherry FLFM reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Cherry FLFM believes that you have violated any of these terms or interfered with the use of the platform or service by others.

14. COPYRIGHT

All materials on Cherry FLFM, including but not limited to names, logos, trademarks, images, text, columns, music, graphics, videos, photographs, illustrations, software, and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Cherry FLFM or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all materials on Cherry FLFM are made available for limited, non-commercial, personal use only. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Cherry FLFM prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Cherry FLFM or any part of the material for any purpose other than its intended purposes is strictly prohibited. 

15. COPYRIGHT INFRINGEMENT 

Cherry FLFM will respond to all inquiries, complaints, and claims regarding alleged infringement by breach or violation of the provisions contained in Canadian and international copyright and intellectual property laws and regulations, including the Digital Millennium Copyright Act (DMCA). Cherry FLFM respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request through our Contact Us page, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Cherry FLFM can find it on the platform. 
• Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf. 

16. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Cherry FLFM provides and maintains the platform on an “as is”, “as available” basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above, we can give no other warranties, conditions, or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you. If you use the platform in breach of these terms, you will be liable to and will reimburse Cherry FLFM for any loss or damage caused as a result.

Cherry FLFM shall not be liable for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Cherry FLFM excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, or consequential loss whether or not such arises out of any problem you notify to Cherry FLFM, and Cherry FLFM shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption, or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data, or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Cherry FLFM.
• All representations, warranties, conditions, and other terms which, but for this notice, would have effect.

17. ADS AND THIRD-PARTY CONTENT

You may see ads and third-party promotions on our Services. Cherry FLFM does not endorse and is not responsible for your interactions with those products or services.

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Cherry FLFM may also provide non-commercial links or references to third parties within its content. Cherry FLFM is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Cherry FLFM is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Cherry FLFM is not responsible or liable for such third parties’ terms or actions.

18. ELECTRONIC COMMUNICATIONS

Cherry FLFM will not accept any responsibility for failed, partial, or garbled computer transmissions, for any breakdown, failure, connection, or availability of computer, telephone, network, electronic, or Internet hardware or software, for Internet accessibility or availability or traffic congestion, or for any unauthorized human acts, including any errors or mistakes.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the platform, its officers, employees, affiliates, and suppliers against any claims, losses, damages, costs, and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

20. CHANGES 

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users. 

21. INTEGRATION CLAUSE

This Agreement, together with the Privacy Policy and any other legal notices published by Cherry FLFM, shall constitute the entire agreement between you and Cherry FLFM and governs your use of the platform.

22. SEVERABILITY

If any section of these terms is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

23. FORCE MAJEURE

Cherry FLFM shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

24. TERMINATION

Both the user and Cherry FLFM acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Cherry FLFM reserves the right to unilaterally terminate the user’s access to and use of the platform. Cherry FLFM may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, Cherry FLFM shall not be liable for any loss of data or information associated with the user’s account.

In case of non-compliance by Cherry FLFM: If Cherry FLFM fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Cherry FLFM in writing of the breach and allow a reasonable time for Cherry FLFM to remedy the situation. If Cherry FLFM does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination. 

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

25. DISPUTE RESOLUTION PROCESS

If you are dissatisfied with our services for any reason, please contact Cherry FLFM customer service first so that we can attempt to resolve your concerns without outside assistance. If you choose to file a dispute, claim, or controversy against Cherry FLFM, these terms and conditions will apply. For the purposes of this dispute resolution process, Cherry FLFM shall include our affiliates, employees, licensors, and service providers.

Cherry FLFM values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. “Dispute” is any dispute, claim, or controversy between you and Cherry FLFM that arises from or related in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and Cherry FLFM). If you have a Dispute with Cherry FLFM (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to support@cherryflfm.com and 1200-200 Burrard Street, Vancouver, BC V7X 1T2. However, if Your Dispute includes individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, then you are not required to send a Notice before pursuing your claims. If Cherry FLFM has a Dispute with you (“Cherry FLFM’s Dispute”), Cherry FLFM agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Cherry FLFM to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Cherry FLFM’s Dispute Notice must likewise set forth a detailed description of Cherry FLFM’s Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Cherry FLFM agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, Cherry FLFM may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, you may request a telephone conference to discuss Cherry FLFM’s Dispute with you, and Cherry FLFM agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Cherry FLFM may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below). 

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action (except for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services). Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Cherry FLFM engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly. 

All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing an arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.

26. REGULATORY COMPLIANCE

Cherry FLFM complies with Canadian laws and regulations and adheres to international and local regulations in the countries where it operates. By using the platform, you agree to comply with all applicable laws in your jurisdiction. If you reside in a country subject to sanctions or embargoes, or if local laws prohibit the use of platforms such as Cherry FLFM, you will not be able to access or use our services. We reserve the right to suspend accounts that violate these regulations and to cooperate with the appropriate authorities if necessary.

27. APPLICABLE LAW AND JURISDICTION

Although the platform is available internationally, these terms and conditions shall be governed by and construed in accordance with Canadian law. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the courts of Vancouver, Canada. This applies unless binding arbitration is agreed to in the relevant section below.

28. FINAL PROVISIONS

Use of our platform is conditioned upon acceptance of and compliance with all terms and conditions set forth. This authorization to use the platform does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times protecting and respecting our intellectual property rights and prerogatives.

29. CONTACT INFORMATION

If you have questions or concerns about these conditions, please contact us using the contact information below:

Cherry FLFM Inc.

Email: support@cherryflfm.com