These Terms of Service ("Terms") govern your access to and use of the Cheerful platform at cheerful.ai and app.cheerful.ai (the "Service"), provided by Cheerful AI, Inc. ("Cheerful," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
1. The Service
Cheerful provides software that helps brands and agencies manage influencer marketing programs end to end: creator discovery, outreach, campaign management, content tracking, and analytics. We may modify or discontinue features at our discretion.
2. Accounts
- You must provide accurate, current, and complete information when creating an account.
- You are responsible for safeguarding your credentials and for activity under your account.
- You must promptly notify us at chris@cheerful.ai of any unauthorized use of your account.
- You must be at least 18 years old to create an account.
3. Acceptable use
You agree not to:
- Reverse engineer, decompile, or attempt to extract source code from the Service.
- Use the Service to send spam, harass, deceive, or harm any person.
- Upload, transmit, or share content that infringes intellectual property, violates privacy or publicity rights, or is unlawful.
- Use automated means to access the Service in a manner that exceeds reasonable use.
- Interfere with, disrupt, or attempt to gain unauthorized access to any part of the Service.
- Use Cheerful to violate the terms of any third-party platform you connect to it (including Meta's platform terms, TikTok's terms, Google's terms, or others).
4. Customer content and data
You retain all rights to content you upload to the Service ("Customer Content"). You grant Cheerful a worldwide, non-exclusive, royalty-free license to host, display, process, and otherwise use Customer Content solely to operate, maintain, and improve the Service for you and your authorized users.
You are responsible for the lawfulness of Customer Content and for obtaining all consents needed to upload it. You will not upload Customer Content that contains personal information of individuals who have not consented, where such consent is required by law.
5. Connected platforms
The Service can be connected to third-party platforms (such as Instagram, Facebook, Google, TikTok, YouTube, Shopify, Slack). Your use of those platforms is governed by their own terms. By connecting a third-party account you authorize Cheerful to access and use information from it as described in our Privacy Policy and as permitted by the platform's terms.
Creators who connect their Instagram accounts to a brand using Cheerful do so under our Privacy Policy, which describes the specific data we receive, how it is shared with the brand, and how the creator can revoke access at any time.
6. Fees and billing
- Paid plans are billed in advance on a recurring basis (monthly or annual).
- All fees are non-refundable except as required by law or as expressly stated in your order.
- We may change subscription pricing on renewal with at least 30 days' written notice; if you do not accept the new pricing, you may cancel before the renewal date.
- You are responsible for taxes other than those based on Cheerful's net income.
7. Intellectual property
Cheerful and its licensors own all right, title, and interest in and to the Service, including all software, content, and trademarks (excluding Customer Content). No rights are granted to you other than the limited rights expressly set out in these Terms.
8. Confidentiality
Each party agrees to protect the other's non-public business information disclosed under these Terms with the same care it uses for its own confidential information, and at minimum reasonable care, and to use it only to perform under these Terms.
9. Termination
- You may stop using the Service and cancel your subscription at any time from your account settings.
- We may suspend or terminate your access if you breach these Terms or if your use of the Service creates risk for Cheerful or other users.
- On termination, your right to access the Service ends. Sections that by their nature should survive (intellectual property, confidentiality, indemnification, limitation of liability, governing law) will survive.
- You may export Customer Content for 30 days after termination by contacting chris@cheerful.ai; afterwards, we may delete it.
10. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Cheerful disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components, or that data we surface from third-party platforms will be complete or accurate.
11. Limitation of liability
To the maximum extent permitted by law, Cheerful and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service. Cheerful's aggregate liability for any claim arising out of or related to these Terms is limited to the amount you paid us in the twelve months before the event giving rise to the claim.
12. Indemnification
You will defend and indemnify Cheerful from any third-party claim arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) your Customer Content, or (c) your violation of any third-party right, including a third-party platform's terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Disputes will be brought exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction in those courts.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or in the Service before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms? Email chris@cheerful.ai.