Terms & Conditions

"Agency Account" - Means the account created by a User in order to become an Agency, including the Agency's profile.

"Agency" - Means a User that has registered their details on this Website and App to create an Agency Account in order to Upload Content and manage Companions.

"App" - Means the Cherry software application available for use on mobile platforms and which operates in conjunction with the Website.

"Companion" - Means a User that has registered their details on the App to create a Companion Account in order to Upload Content and offer companionship services.

"Companion Account" - Means the account created by a User in order to become a Companion, including the Companion's profile.

"Company Content" - Means all text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, or audio-visual files, and interactive features Uploaded by Cherry and contained on this Website and App.

"Content" - Means all content uploaded by Users, Members, Companions, or Agencies.

"Intellectual Property Rights" - Mean any copyright or rights of a similar nature, unregistered and registered trademarks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights).

"Member" - Means a User that has registered their details on this Website to create a Member Account in order to Upload Content and contact Companions.

"Member Account" - Means the account created by a User in order to become a Member, including the Member's profile.

"Membership" - Means the period paid for by the Member.

"Privacy Policy" - Means the privacy policy available at /privacy.

"Rules" - Means the community rules and guidelines for using Cherry.

"Cherry" - Means the Cherry platform and service.

"Upload" - Means the uploading of Content by Members, Companions or Agencies onto this Website or App.

"User" - Means a user accessing this Website via a computer or mobile device. The User's access to this Website will be limited to viewing Company Content and/or Content only. In order to Upload Content onto this Website, the User will have to register to become a Member, Companion or Agency.

"Website" - Means the Cherry website and platform.

2.1. These Terms & Conditions are the legally binding terms and conditions on the User, Member, Companion and Agency in order to gain access to and/or use of this Website and App.

2.2. The User, Member, Companion or Agency accessing or using this Website and App will be bound by these Terms & Conditions, the Privacy Policy, and the Rules.

2.3. The Member, Companion or Agency will be required to expressly accept these Terms & Conditions before the registration process is completed.

2.4. Cherry reserves the right to amend or revise these Terms & Conditions, the Privacy Policy and the Rules at any time and at Cherry's sole discretion. Any changes will come into effect at the time they are posted on this Website and App.

2.5. The User must be over the age of 18 and affirms that they are over 18 years of age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the User accesses the Website and App). Any User under the age of 18 is not permitted to access this Website and App.

2.6. Only Users, Members, Companions or Agencies that are permitted to access and/or use this Website and App under the laws of their jurisdiction shall be permitted to accept these Terms & Conditions.

3.1. In order to Upload Content onto this Website and App, the User will first have to become a Member, Companion or Agency and create an account. When registering, the User must provide accurate and complete information.

3.2. Users may register as a Member, Companion, or Agency. Each account type has different permissions and responsibilities as outlined in these Terms & Conditions.

3.3. Member Accounts: Members can contact Companions and Agencies, arrange meetings, upload content, and use the platform's features during their Membership period.

3.4. Companion Accounts: Companions must provide accurate profile information, physical statistics, services offered, and rates. Companions must provide evidence of identity (Passport, Driving Licence, or government ID) which will be verified by Cherry to ensure the Companion is over 18 years of age.

3.5. Agency Accounts: Agencies can manage multiple Companions, upload content, and facilitate connections between Members and Companions.

3.6. In the event that the Member, Companion or Agency becomes aware of any unauthorised access to their account, they must notify Cherry immediately by sending an email to: contact@macherry.app.

3.7. The Member, Companion or Agency will be solely accountable for all activities taking place in connection with their account.

3.8. In the event that the Member, Companion or Agency breaches any of these Terms & Conditions, their account will be revoked immediately.

3.9. All information provided by the Member, Companion or Agency will be stored by Cherry on an encrypted server with full SSL certification.

4.1. Users may access this Website and App to view Company Content and Content, search for Companions by location, date, time, and other criteria, and arrange meetings with Companions.

4.2. Members have full access to platform features including unlimited contact with Companions and Agencies, content uploading, and advanced search features.

4.3. Companions can use the App to respond to Users and Members, upload content, display their services and rates, use location services, and provide ratings for Members.

4.4. Agencies can manage Companion profiles, facilitate bookings, upload content, and coordinate between Members and Companions.

4.5. Membership: Membership fees are displayed on the Website and may be changed by Cherry at any time. Membership does not automatically renew.

4.6. Cancellation: Membership may be cancelled within 7 days of payment for a full refund, provided the Member has not used any Member-exclusive features.

4.7. Should the authenticity of any account be questioned, the account will be suspended. Additional verification documentation may be required.

4.8. Cherry does not have any control or influence over the services provided by Companions. All interactions between Companions, Agencies, and Members are carried out by consenting adults.

5.1. Cherry grants Users access and Members, Companions, and Agencies permission to use this Website and App provided that:

• Users act responsibly and treat others with respect
• Users do not alter or modify any part of the Website or App
• Users do not use unauthorized means or technology to access the platform
• Users do not exploit the platform for unauthorized commercial activity

5.2. Users must not impersonate another person's identity or misrepresent their own identity or affiliation.

5.3. Members, Companions, and Agencies must not Upload any copyrighted Content owned by a third party. All Content must be original.

5.4. Users warrant that:

• They will only use the platform for purposes compliant with applicable laws
• They are not offended by nudity, sexual imagery or adult content
• They will not allow anyone under 18 to access the platform

5.5. Users are not permitted to use this Website or App to send or receive payment for any kind of physical meeting. Any user found misusing the platform to accept payment will have their account terminated.

6.1. Cherry owns all Company Content on this Website and App.

6.2. Members, Companions, and Agencies own all Content arising from Content they Upload to the platform.

6.3. Users are prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Company Content or Content without prior written consent from Cherry or the Content owner.

6.4. Members, Companions, and Agencies are prohibited from Uploading any Content that is not original and owned or licensed to them.

6.5. Any comments, ratings, or Content Uploaded by Members, Companions, or Agencies are made in their personal capacity and Cherry shall not be liable for the display, broadcast, or exploitation of such content.

7.1. This Website and App and any Intellectual Property Rights arising from Company Content are owned by Cherry, except for Intellectual Property Rights belonging to licensors, advertisers, partners, or arising from Content Uploaded by Members, Companions, or Agencies.

8.1. Members, Companions, and Agencies may Upload Content in accordance with these Terms & Conditions. Once Content is Uploaded, the uploader retains all ownership of Intellectual Property Rights, provided they are the owner of such rights.

8.2. By Uploading Content, users acknowledge, represent and warrant that:

• They have obtained all necessary licenses, rights, consents, and permissions to enable Cherry to display, broadcast, use, and reproduce the Content
• They are solely responsible for the content and any consequential losses

8.3. Prohibited Content: Users will not Upload content that violates Intellectual Property Rights, violates applicable laws, or is pornographic, lewd, offensive, defamatory, harassing, or otherwise objectionable. Content featuring children, animals, or references to incest or rape will not be accepted and will be reported to law enforcement.

8.4. License: By Uploading Content, users grant Cherry an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, and distribute the Content in connection with the platform.

8.5. Removal Right: Cherry may remove, disable, or restrict access to any Content that violates these Terms & Conditions or applicable laws. Prohibited Content includes but is not limited to content that:

• Promotes racism, bigotry, hatred or physical harm
• Harasses or advocates harassment
• Exploits individuals in a sexual or violent manner
• Contains underage nudity or violence
• Solicits personal information
• Reveals information that poses privacy or security risks
• Promotes false, misleading, or illegal information
• Involves spam or unsolicited messaging
• Promotes criminal activity
• Involves unauthorized commercial activities

8.6. This Website and App does not permit sexually explicit Content to be Uploaded. Any sexually explicit Content shall be subject to removal.

9.1. The licenses granted by users will terminate when they remove or delete Content from the platform. If a user terminates their account, licenses for Content not removed prior to account closure are perpetual and irrevocable.

10.1. Cherry does not endorse any Content Uploaded by Members, Companions, or Agencies and expressly excludes all liability in connection with such Content.

11.1. Cherry will use reasonable endeavours to remove Content that is considered infringing or illegal. Cherry will cooperate with law enforcement when necessary.

11.2. Under no circumstances shall Cherry, its officers, directors, employees, or agents be liable for any Content that infringes third party Intellectual Property Rights.

11.3. Cherry makes no representations or warranties as to the quality, suitability, or authenticity of any Content Uploaded by users.

11.4. Under no circumstances will Cherry be liable for any damages, including direct, indirect, or consequential loss of any kind.

11.5. Cherry shall not be liable for any bugs, viruses, or malware transmitted through the platform by third parties.

11.6. Users agree to indemnify Cherry against any claims for infringement of Intellectual Property Rights resulting from their use of the platform.

11.7. Users agree to indemnify Cherry against any losses incurred as a result of breach of these Terms & Conditions.

12.1. If you believe that Content violates these Terms & Conditions, please notify Cherry promptly by email at: contact@macherry.app

12.2. Please provide as much detail as possible, including:

• The nature of the right infringed or law violated
• Facts leading you to believe a right has been infringed
• The precise location of the offending Content
• Any grounds for believing the uploader was not authorized
• The identity of the uploader, if known

12.3. Cherry reserves the right to remove any Content but has no obligation to do so except where required by law.

13.1. Users agree to defend, indemnify and hold harmless Cherry, its officers, directors, employees, and agents from all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from their use of the platform or breach of these Terms & Conditions.

14.1. Cherry complies with applicable data protection laws and regulations.

14.2. All personal data collected is strictly confidential and will not be shared with third parties except as required by law, and will only be used in accordance with the Privacy Policy.

14.3. Personal data is stored in a secure database in accordance with data protection laws.

14.4. Personal data may be used to inform users of offers or news from Cherry or carefully selected third parties. Users may opt-out in accordance with the Privacy Policy.

15.1. This Website and App may provide links to third party websites. These websites are not under Cherry's control, and Cherry is not responsible for their content, accuracy, legality, or privacy policies.

15.2. The inclusion of links does not imply endorsement by Cherry or association with their operators.

15.3. Users expressly relieve Cherry of any liabilities arising from use of third party websites.

16.1. Cherry will endeavour to have the Website and App running efficiently and accessible at all times. Users will be notified of scheduled maintenance when possible.

16.2. Cherry will not be responsible for unscheduled downtime due to technical problems or emergency maintenance.

16.3. Interruptions may occur due to causes beyond Cherry's control. Cherry will use reasonable endeavours to restore service as soon as practicable.

17.1. These Terms & Conditions continue until terminated by either the user or Cherry.

17.2. Users may terminate their agreement with Cherry at any time by notifying Cherry and closing their account. Notice should be sent via email to: contact@macherry.app

17.3. Cherry may terminate its agreement with a user immediately if:

• The user breaches these Terms & Conditions, Privacy Policy, or Rules
• Cherry is required to do so by law
• The user Uploads unlawful or offensive Content
• The user manipulates the platform through hacking or automated systems
• The user attempts to harvest personal information
• The user uses the platform for unauthorized commercial purposes
• The user exhibits unreasonable behaviour that threatens the platform
• The user requests to be de-registered

17.4. Termination may result in legal action being brought against the user.

17.5. Upon termination, all legal rights, obligations and liabilities that are expressed to continue indefinitely shall be unaffected.

18.1. Cherry makes no representation that Content is appropriate in all locations, and accessing Content from territories where it is illegal is prohibited. Users accessing the platform from outside their home jurisdiction do so at their own risk and are responsible for compliance with local laws.

18.2. Cherry disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. The platform is made available "as is" without any warranties.

18.3. Cherry shall not be responsible for any Content Uploaded to the platform, and users agree to indemnify Cherry in respect of any actions or claims arising from such Content.

19.1. These Terms & Conditions, including the Privacy Policy and Rules, constitute the entire understanding between the parties and supersede all prior agreements.

19.2. If any clause is held invalid or unenforceable, it shall be construed consistent with applicable law to reflect the original intentions, and remaining clauses shall remain in full force and effect.

20.1. Cherry shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including:

• Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster
• War, invasion, hostilities, civil war, rebellion, revolution, insurrection, or terrorist activity
• Government sanction, nationalisation, blockage, industrial dispute, or failure of utility service

21.1. These Terms & Conditions shall be governed by the laws of England and Wales and users agree to submit to the exclusive jurisdiction of the English courts.

21.2. Nothing in this clause shall prevent Cherry from seeking injunctive relief in any country where the platform is accessible to prevent infringement of laws or rules.