End User License Agreement

The terms of this End User License Agreement (“EULA” or “Agreement”) govern the relationship between You (“User” or “You”) and Cherry FLFM Inc. (“Licensor”), with respect to the use of the Cherry FLFM Application that You have downloaded through the Mac App Store Service and App Store Service (collectively, “App Store Service(s)”), as well as all related updates and version upgrades that replace or supplement the application in any respect (“Licensed Application”), unless such update or upgrade is accompanied by a separate license, in which case the separate license shall control.  

BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO OR DO NOT WISH TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE APPLICATION. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS EULA AND ANY SPECIAL TERMS/CONDITIONS, THE TERMS OF THIS EULA SHALL ALWAYS PREVAIL. 

1. LICENSED APPLICATION

The term “Licensed Application” refers to Cherry FLFM mobile application which is owned and operated by Cherry FLFM Inc. and which may be downloaded through the App Store Service(s) free of charge, including but not limited to modified versions, updates, upgrades, enhancements, additions and copies of the Licensed Application, if any.

2. DESCRIPTION OF THE LICENSED APPLICATION

Cherry FLFM is a dating and friendship platform designed for Sapphic people, providing an inclusive and safe space for women and female-aligned people, including trans and non-binary people, seeking authentic connections. Subject to the terms of this agreement, Cherry FLFM provides services to end users, including hosting and maintenance of the platform. The end user may use the platform to connect and communicate with other users.

3. GRANT OF THE LICENSE

Cherry FLFM Inc. (“Licensor”), grants you a limited, revocable, personal, non-exclusive, non-transferable right to download, install and use Licensed Application on the terms contained in this Agreement and the terms and conditions of the Licensed Application. Licensor reserves all rights not expressly granted to you in this Agreement.

4. SCOPE OF LICENSE 

The Licensor hereby grants you a non-transferable license to use the Licensed Application on any Apple-branded device that you own or control and that is running iOS (including, without limitation, the iPad, iPhone, and iPod touch) or Mac OS X (“Mac Computers”), as applicable. This license is only for use in accordance with the usage guidelines outlined in the Mac App Store, App Store, and iBooks Store terms and conditions.

You are not allowed to use the Licensed Application on any Apple device that you do not own or control under the terms of this agreement. The Licensed Application may not be distributed or made accessible across a network where it might be utilized concurrently by multiple devices. The Licensed Application may not be rented, leased, loaned, sold, transferred, redistributed, or subject to a sublicense, and you must uninstall the Licensed Application from the Mac Computer or iOS device before selling it to a third party. 

You are not allowed to alter the Licensed Application, any updates to the Licensed Application, or any part thereof in any way, including by copying, decompiling, reverse engineering, disassembling, trying to extract the source code, or making derivative works. Any effort to do so is a violation of the rights of the licensor. If you violate this restriction, you risk legal action and financial penalties.

5. USER ACCOUNT

You must register and open an account on the Licensed Application in order to use the features available on the Licensed Application. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account.

You may cancel your accounts at any time and for any reason through the account settings or by submitting your request through Licensor’s contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided by you through the use of the Licensed Application.

The Licensor reserves the right to terminate your account or your access to the Licensed Application immediately, and without liability to you, if the Licensor believes that you have breached any of these terms.

6. DATA PROCESSING 

You acknowledge and agree that Licensor may periodically gather technical data and related information, such as technical data about your device, system and application software, and peripherals, in order to provide you with software updates, product support, and other services (if any) related to the Licensed Application. If the information does not individually identify you, the licensor may use it to enhance the products, services, or technology it offers to you.

User’s personal data collected by Licensor through the use of the Licensed Application will be processed in accordance with Licensor’s privacy policy. Please refer to the Licensor’s privacy policy.

7. TERMINATION OF THE LICENSE

Until it is canceled by either you or the Licensor, the license will remain in force. If you violate any of the conditions of this agreement, your rights under this license will end instantly and without warning from the licensor. You must stop using the licensed application after the license expires and get rid of any copies you may have made, in whole or in part.

8. INTELLECTUAL PROPERTY 

The Licensed Application is the intellectual property of Licensor and any third parties whose intellectual property has been licensed to Licensor, as well as any permitted copies created by Licensee. The License Grantor and these third parties consider the structure, organization and coding of the Licensed Application to be important trade secrets and proprietary information. The Licensed Application is protected by law, including but not limited to United Arab Emirates and international copyright laws. Licensee is not granted any intellectual property rights in the Licensed Application other than those clearly set forth in this EULA. Without the express prior written consent of Licensor, Licensee is not authorized to make or publish any public statement about the Licensed Application or Licensor.

9. NO WARRANTY ON LICENSED APPLICATION

No warranty is provided, and you expressly realize and accept that you bear the whole risk of whether the licensed application will meet your expectations for quality, performance, accuracy, and effort. The Licensed Application and any services performed or provided by the Licensed Application are provided “as is” and “as available,” with all faults and without warranty of any kind. You hereby disclaim all warranties and conditions with regard to the Licensed Application and any services, whether express, implied or statutory, including, but not limited to, implied warranties and/or conditions of merchantability.

The licensor makes no guarantees regarding the absence of interference with your use of the Licensed Application, the fulfillment of your needs by the functions in the Licensed Application or the services it offers, the error-free operation of the licensed application, or the correction of any license application flaws. No advice or information, oral or written, given by the licensee shall constitute a warranty. You are responsible for paying the full cost of any necessary servicing, repair, or correction in the event that the licensed application turns out to be flawed. The aforementioned exclusion and limits may not apply to you because certain jurisdictions do not permit the exclusion of implied warranties or the limitation of a consumer’s statutory rights.

10. LIMITATION OF LIABILITY

Even if a representative of Licensor or one of Licensor’s affiliates has been advised of the possibility of such losses, damages, claims or costs, or of any claim by any third party, in no event shall Licensor, its employees or agents be liable for any damages, claims or costs of any kind, or for any consequential, indirect, special, punitive or incidental damages, or for any lost profits or lost benefits resulting from the use of the Licensed Application. To the extent authorized by applicable law in Licensee’s jurisdiction, these restrictions and exclusions shall apply.

11. INDEMNIFICATION

End User is responsible for protecting Licensor from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) resulting from or related to improper or illegal uses of the Licensed Application by third parties. End User’s obligations under this section shall continue even if this Agreement expires or is terminated.

12. GOVERNING LAW AND DISPUTE RESOLUTION

Although the Licensed Application will be available in different countries, the laws of Canada will govern this agreement. To the extent permitted by applicable local law in your jurisdiction, any dispute arising out of or relating to this agreement shall be resolved in the courts of Canada in accordance with its applicable rules.

You confirm that you have read, understand and agree to the terms of this EULA by installing and using the Licensed Application. You further agree that the license specified in this agreement supersedes any prior or contemplated agreements, whether oral or written, and that this agreement represents the complete and final statement of the agreement between the parties.