Cherbo Terms of Use and End User License Agreement (EULA)

Last Updated: November 13th, 2024

Welcome to Cherbo! By accessing or using our website or mobile app (collectively referred to as the "Service"), you agree to be bound by these Terms of Service ("Terms") and our End User License Agreement ("EULA"). If you do not agree to these Terms or the EULA, you may not use our Service.

1. Acceptance of Terms

By accessing or using Cherbo, you agree to comply with these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, you must not use our Service.

2. Changes to Terms

Cherbo reserves the right to modify these Terms at any time. We will notify you of significant changes, and your continued use of the Service indicates your acceptance of the new Terms.

3. Eligibility

You must be at least 13 years old to use Cherbo. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of its provisions.

4. User Accounts

• Account Creation: To access certain features, you may need to create an account. You agree to provide accurate, complete, and current information.
• Account Security: You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account.
• Account Termination: Cherbo reserves the right to suspend or terminate your account for any reason, including violation of these Terms.

5. Use of the Service

• Permitted Use: You may use Cherbo for lawful purposes and in accordance with these Terms.
• Prohibited Use: You agree not to use the Service for any illegal, harmful, or abusive purposes, or in any way that may impair the Service's operation or integrity.

6. Content

• User Content: You retain ownership of the content you upload, but you grant Cherbo a non-exclusive, royalty-free license to use, display, and distribute your content in connection with the Service.
• Prohibited Content: You must not upload or share content that is unlawful, offensive, defamatory, or infringes on any rights of others.

7. Intellectual Property

• Cherbo's IP: All intellectual property related to Cherbo, including logos, trademarks, and software, is owned by Cherbo or its licensors. You may not use our IP without permission.
• Feedback: Any feedback or suggestions you provide may be used by Cherbo without any obligation to you.

8. Third-Party Services

Cherbo may contain links to third-party websites or services. We do not control or endorse these third-party sites and are not responsible for their content or practices.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available," without any warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Cherbo shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cherbo, its affiliates, and their respective directors, employees, and agents from any claims, liabilities, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Governing Law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles.

End User License Agreement (EULA)

1. Grant of License

Cherbo grants you a limited, non-exclusive, non-transferable, revocable license to use the Service on your devices in accordance with these Terms and the EULA.

2. Restrictions

You may not:

• Decompile, reverse engineer, or disassemble the software.
• Use the Service for any commercial purpose without prior written consent from Cherbo.
• Transfer the license to another party without Cherbo’s approval.

3. Prohibited Conduct

• Objectionable Content: You must not post, share, or engage in any behavior that includes objectionable content, such as hate speech, threats, harassment, sexually explicit material, or any content that promotes violence or illegal activities.
• Abusive Behavior: Any use of the Service to harm, intimidate, or abuse others is strictly prohibited. Cherbo has zero tolerance for harassment, abusive behavior, or any activity that disrupts the safe use of the Service by others.
• Reporting and Consequences: Cherbo reserves the right to investigate, remove content, and take appropriate action, including suspension or termination of accounts, for any violations of these policies. We encourage users to report any abuse or objectionable content they encounter.

4. Updates

Cherbo may provide updates, upgrades, or patches to improve the Service. These updates may be installed automatically, and you agree to accept these updates.

5. Termination

Cherbo reserves the right to terminate this license if you violate these Terms, engage in prohibited conduct, or use the Service unlawfully. In cases of objectionable content or abusive behavior, Cherbo may take immediate action without notice.

6. Ownership

The software and all associated rights remain the property of Cherbo or its licensors. This EULA does not grant you any ownership rights.