Terms of Use - CHERRY

Cherry, LLC (“Licensor”) is dedicated to making a positive impact upon the world by creating a platform connecting donors and charities in a modern and safe environment.

By using any of the online features, services, or applications (hereinafter the “Cherry Application/Platform”), you agree to be bound by the following terms of this End User License Agreement (“EULA”) between you and Licensor. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU MAY NOT USE THE CHERRY APPLICATION.

Every time you use the Cherry Application/Platform you agree to be bound by the terms of this EULA, which may be updated from time-to-time by Licensor in Licensor’s sole discretion, without prior notice to you. All changes are effective immediately when posted. Your continued use of the Cherry Application/Platform following the posting of revised terms means that you accept and agree to the changes.

THIS IS A LEGAL AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE CHERRY APPLICATION/PLATFORM AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE CHERRY APPLICATION/PLATFORM.

1. Convenience.

The Cherry Application/Platform is provided to you as a convenience only. By merely providing access to the Cherry Application/Platform, Licensor does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Cherry Application/Platform (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Licensor has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Cherry Application/Platform will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Cherry Application/Platform is accurate or complete.

2. Modifications.

Licensor may from time to time make changes to the Cherry Application/Platform, which may include adding, updating, or discontinuing the Cherry Application/Platform, or parts thereof. These changes may be made without providing any notice to you or receiving your consent.

3. Restrictions.

You agree not to use the Cherry Application/Platform for any use other than for the utilization of the services as contemplated herein or in any other applicable agreement. You will not permit others or third parties to utilize the Cherry Application/Platform. You further agree to not engage, nor allow a third-party to engage, in any of the following: scraping, copying, caching, creating new content, recreating content, hacking, or circumventing (including fees) of the Cherry Application/Platform.

4. Ownership.

The Cherry Application/Platform and all worldwide copyrights, trademarks, service marks, trade secrets, and other intellectual property rights therein (other than tradenames, trademarks, services marks and logos of charities using the Cherry Application/Platform) are the exclusive property of Licensor. The tradenames, trademarks, service marks and logos of hosted charities are the exclusive property of the respective hosted charities. Licensor reserves all rights in and to the Cherry Application/Platform. Except as otherwise set forth herein, there are no explicit or implied licenses in this EULA. All suggestions or feedback provided by you to Licensor with respect to the Cherry Application/Platform shall be Licensor’s sole property. Proffering of such suggestions, ideas, or feedback shall constitute an affirmative assignment of such, and you hereby irrevocably do assign to Licensor all right, title, and interest in the foregoing. Licensor may use, copy, modify, publish, or redistribute such submission and its contents for any purpose and in any way without any notice or compensation to you. You also agree that Licensor does not waive any rights to use similar or related ideas previously known to Licensor, developed by its employees, or obtained from other sources.

5. Consent to Use of Data, Images and Other Information.

You agree that Licensor and its subsidiaries and agents may collect, maintain, process and use data, images and audio relating to you, your vehicle and any information you provide while using the Cherry Application/Platform; such information includes but is not limited to, your name, birthdate, address, phone number, email address, home address, billing information, user location data, and any other personal identification information you provide (“User Data”), provided that such User Data may only be used as set forth below.

For example, when you create an account to use the Cherry Application/Platform, you will provide User Data that may include, but is not limited to, the following:

Name;
User Profile;
Physical Address and location;
Phone Number (Preferably A Mobile Phone Capable Of Receiving Text Messages);
Email Address;
Payment Information such as Paypal, Credit Card and Bank Account Information (Processed Via Third Parties) That You Provide To Us;
Feedback; and
Account Password.

By using the Cherry Application/Platform you agree to the automatic collection of User Data, including, but not limited to, the following:

Uploaded Photos;
Uploaded Photo/Video Image Of User;
Uploaded Audio Of User;
Physical Location;
Length Of Time on the Cherry Application/Platform; and
Length Of Time donating to a charity.

Location information is generally collected from your mobile phone’s GPS location at the time you access the Cherry Application/Platform. Licensor may also use your GPS location data upon driving in proximity to an area using the Cherry Application/Platform.

Consent to Use of Data: You agree that Licensor may collect and use the User Data and the personal identification information associated with the User Data that is gathered only to facilitate the Cherry Application/Platform and to process donations. Licensor may also use this information to improve its products or services, or to provide services or technologies to you.

YOUR USER DATA WILL NOT BE USED TO PLACE THIRD PARTY ADVERTISING MATERIALS ON YOUR DEVICES OR TO SOLICIT BUSINESS FROM YOU OR OTHERWISE PROMOTE OTHER PRODUCTS OR SERVICES. LICENSOR WILL NOT SELL YOUR INFORMATION TO THIRD PARTIES OR OTHERWISE ASSIGN OR TRANSFER YOUR INFORMATION FOR COMMERCIALIZATION PURPOSES.

Data Privacy: You agree that Licensor may process your User Data, including but not limited to the data and information listed in this section, the personal identification information associated with donation, location data, technical and related information about your use of the Cherry Application/Platform, software which may include internet protocol address, hardware identification, operating system, application software, peripheral hardware, personally and non-personally identifiable Cherry Application/Platform usage statistics to facilitate the online services and Licensor may transfer such information to other related companies of the Licensor from time to time for the use allowed herein. To the extent legally required, Licensor may share this information with governmental agencies and with law enforcement agencies.

6. Do Not Use While Driving.

You agree, represent and warrant, so long as YOU USE OR ACCESS THE CHERRY APPLICATION/PLATFORM, THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE CHERRY APPLICATION/PLATFORM WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or machinery. You understand that using any handheld device in these circumstances is extremely dangerous, and can result in fines, property damage, physical injuries (including dismemberment) or death. You further agree, represent and warrant, that you will not use or access the Cherry Application/Platform in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws and regulations. While effort is made to assure the accuracy of the information presented, the user is responsible for safe driving and for the consequences of decisions as to where to travel or where to drive. Under no circumstance will Licensor assume any responsibility or liability for the consequences of driving decisions made by you.

You expressly agree that Licensor shall not be liable for any driving decisions made by you or at your suggestion or for any damages, injury or other harm caused by your use of or accessing the Cherry Application/Platform, services or content, and waive any and all claims or causes of action you may have, now or in the future, arising from or relating to the same. In the event that any party names Licensor as a defendant in a case involving your use of the Cherry Application/Platform while operating a vehicle, you agree to indemnify and hold Licensor harmless in such action.

7. Term and Termination.

This EULA is effective on the date you begin using the Cherry Application/Platform and shall continue unless this EULA is terminated under this section. Licensor may terminate this EULA and your ability to use the Cherry Application/Platform at any time, and without notice to you, if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Licensor. You may also terminate this EULA by deleting the Cherry Application/Platform. Upon termination of this EULA, your right to use the Cherry Application/Platform will terminate immediately and you must stop all use of the Cherry Application/Platform, but the terms of Sections 8 through 19 (inclusive) will remain in effect, after any such termination.

USER UNDERSTANDS THAT TERMINATION OF THIS EULA DOES NOT TERMINATE ANY DONATION PAYMENT OBLIGATIONS USER HAS AGREED TO WITH ONE OR MORE CHARITIES HOSTED ON THE CHERRY APPLICATION/PLATFORM.

8. Warranty Disclaimer.

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR PROVIDES THE CHERRY APPLICATION/PLATFORM “AS-IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE CHERRY APPLICATION/PLATFORM. LICENSOR MAKES NO WARRANTY THAT THE CHERRY APPLICATION/PLATFORM WILL BE AVAILABLE, FUNCTIONAL, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

YOUR USE OF THE CHERRY APPLICATION/PLATFORM IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES, INCLUDING ANY COMPUTER, MOBILE DEVICE, OR OTHER ITEM OF YOURS OR A THIRD-PARTY, RESULTING FROM YOUR USE OF THE CHERRY APPLICATION/PLATFORM.

9. Limitation of Liability.

Nothing in this EULA, and in particular within this “Limitation of Liability” clause, shall attempt to exclude liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE CHERRY APPLICATION/PLATFORM, EVEN IF LICENSOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LICENSOR’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE CHERRY APPLICATION/PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO LICENSOR FOR ACCESS TO THE CHERRY APPLICATION/PLATFORM IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LICENSOR DISCLAIMS ALL LIABILITY OF ANY KIND OF LICENSOR’S LICENSORS, SUPPLIERS, OR VENDORS.

10. Indemnification.

Unless prohibited by applicable law, you will indemnify and defend Licensor, its affiliates, agents, and assigns to the extent any event arises from your use of the Cherry Application/Platform or services in violation of this Agreement. You will promptly notify Licensor in writing of any allegation(s), or legal proceeding at support@cherrygiving.com, and cooperate reasonably with Licensor to resolve the allegation(s) or legal proceeding. Licensor may, in its sole discretion, appoint its own counsel, at its own expense. You agree not to enter into any settlement or to admit liability, pay money, or take (or refrain from taking) any action, without Licensor’s consent, not to be unreasonably withheld, conditioned, or delayed.

11. Account Setup, Payment and Charges.

You may be asked to set up an account prior to making any payments (e.g., membership payments and donation payments). For a payment made through the Cherry Application/Platform to be valid, you must provide all accurate and complete information required by the Cherry Application/Platform. Information requested may include debit card information, credit card information, banking account information, and digital payment information. Note, all users will have to provide valid credit card information or other valid form of electronic payment permitted by the Cherry Application/Platform. Lastly, you must abide by all payment instructions and prompts set forth in the Cherry Application/Platform.

You are solely responsible for the validity of the provided payment information, that it has sufficient available funds and is not blocked or inactive. Once payment is received through the Cherry Application/Platform, you will receive a confirmation notification. It is your responsibility to check that this confirmation is received.

You agree that, when using the Cherry Application/Platform to make a payment, Licensor will charge the payment amount, including any applicable taxes, fees and service charges. All payments are non-refundable.

You bear the sole responsibility to follow any applicable charity rules, policies, and timely payments. If the Cherry Application/Platform is not available, for whatever reason, or if you do not receive a confirmation notification that your payment has been received, it is your responsibility to pay the payment using another method.

You are solely responsible for (i) obtaining and maintaining all internet or other communications access, computer hardware and other equipment or electronic media necessary to utilize the Cherry Application/Platform, (ii) any issues pertaining to your mobile computing device (including issues pertaining to any incompatibility of the Cherry Application/Platform with your mobile computing device) and the data plan and data/cellular service that permit your mobile computing device to send and receive data wirelessly, and (iii) the data and content provided by you to Licensor through the Cherry Application/Platform.

LICENSOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANALYSIS, DATA, RECOMMENDATIONS, OR OTHER SERVICES PROVIDED TO YOU BASED UPON INCORRECT OR INCOMPLETE DATA PROVIDED BY YOU.

YOU SHALL HOLD LICENSOR HARMLESS IN ANY DISPUTE BETWEEN YOU AND EACH OF THE FOLLOWING: GOVERNMENTAL ENTITIES, YOUR BANK OR FINANCIAL INSTITUTION, CREDIT CARD COMPANY AND YOUR CELL PHONE COMPANY OR OTHER MOBILE DATA PROVIDER.

LICENSOR IS NOT RESPONSIBLE FOR ANY DISPUTES BETWEEN A USER AND A CHARITY THAT MAY ARISE WITH RESPECT TO ANY DONATIONS, PROMISSED DONATIONS, FAILURE TO PAY, OR THE LIKE.

12. Donation Payments

When you use the Cherry Application/Platform to make one or more donations you expressly grant the Licensor and the Cherry Application/Platform the right to deduct from your account balance, or to charge to your enrolled credit card, debit card, or digital payment, the donation amount, including any corresponding fees and taxes (if any). The amount of the donation is considered a debt owed by you to Licensor and the Cherry Application/Platform. Licensor and Licensor’s third-party payor reserve the right to collect that debt from you via any method allowed by law, including employing third party collections agents and agencies, as well as reporting your unpaid debt to third party credit rating agencies. Your credit rating could be negatively impacted by failure to pay your debt.

13. Forum Selection Clause.

All disputes shall be exclusively brought in state or federal court located in the State of Minnesota.

14. Choice of Law.

You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA and/or your use of the Cherry Application/Platform, will be governed by the laws of Minnesota, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Each party irrevocably submits to the jurisdiction and venue of state or federal courts located in the state of Minnesota, except that Licensor may seek injunctive relief in any court having jurisdiction to protect its intellectual property.

15. Assignment.

Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.

16. Notices.

Any notice to you may be provided by email to the address that you registered with Licensor.

17. Severability.

If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

18. Waiver.

All waivers by Licensor will be effective only if in writing. Any waiver or failure by Licensor to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

19. General Terms.

You are responsible for establishing and maintaining your own password (if establishing an account). Licensor may provide you with a single sign-on option, whereby another account and password (“external account”) may be used by you to access the Cherry Application/Platform. By using the single sign-on option you hereby grant Licensor the right to receive, link, and use information from the external account, including but not limited to passwords associated with the external account, to access and use the Cherry Application/Platform.

You acknowledge that transmission of data over the internet and wireless devices involves unique transmission risks that cannot be fully secured against unauthorized access.

The Cherry Application/Platform is deemed irrevocably accepted upon your use of the Cherry Application/Platform. Licensor will have no responsibility to provide maintenance or support services with respect to the Cherry Application/Platform.

You acknowledge that the Cherry Application/Platform contains valuable trade secrets and proprietary information of Licensor, that any actual or threatened breach of Section 3 (Restrictions) or Section 4 (Ownership) of this EULA will constitute immediate, irreparable harm to Licensor, for which monetary damages would be an inadequate remedy, and that Licensor may seek injunctive relief for such breach.

The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.

If you have questions regarding this EULA, please contact Licensor. Licensor’s contact information can be found at support@cherrygiving.com.

20. Entire Agreement.

This EULA constitute the entire agreement among the parties regarding the use of the Cherry Application/Platform. This EULA (as it may from time to time be amended, restated, or otherwise modified) supersedes any prior agreements, understandings, or negotiations, whether written or oral.

21. Acknowledgement.

BY USING THE CHERRY APPLICATION/PLATFORM OR ACCESSING LICENSOR’S WEBSITE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Revision Date: 1/27/2026

END USER LICENSE AGREEMENT and TERMS OF SERVICE