CHEERY APP USER AGREEMENT

By accessing, browsing, or using the Cheery mobile application (the "App")—including all features, content, tools, and services provided through the App—you acknowledge that you have read, understood, and agree to be bound by this User Agreement (the "Agreement"), as well as our Privacy Policy and any additional terms or guidelines referenced herein (collectively, the "Terms"). If you do not agree to any part of these Terms, you must immediately cease using the App.

Cheery reserves the right to modify, update, or revise these Terms at any time. We will notify you of material changes by posting the updated Agreement within the App or via other reasonable means (e.g., in-app notification). Your continued use of the App after such notice constitutes your acceptance of the modified Terms. We encourage you to review this Agreement periodically.

This Agreement applies to all users of the App, including but not limited to users who browse content, upload or share videos, interact with other users, use AI chat assistance, or access any other App features. Users may access the App without creating an account ("Guest Access"), but certain features may be limited to Guest Access; this Agreement governs all Guest Access and account-based use (if accounts are introduced in the future).

To use the App, you must:

• Be at least 13 years of age (in compliance with the Children’s Online Privacy Protection Act ("COPPA"));
• Have the legal capacity to enter into this Agreement (or, if you are under 18 but at least 13, have obtained parental/guardian consent to use the App);
• Reside in a jurisdiction where use of the App is permitted by law; and
• Not be prohibited from using the App by any applicable law or prior written notice from Cheery.

By using the App, you represent and warrant that you meet all the above eligibility requirements. If Cheery discovers that you do not meet these requirements, we may suspend or terminate your access to the App without notice.

3.1 Permitted Uses

Cheery grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms. Permitted uses include:

• Browsing short-form basketball cheerleading videos via the App’s TikTok-style vertical scrolling feature;
• Interacting with content creators through likes, comments, and following features;
• Uploading, editing, and sharing your own basketball cheerleading routines using the App’s video publishing tools (including effects and filters);
• Using AI chat-assisted video calling to connect with other App users;
• Creating and maintaining a user profile (if you choose to do so) to showcase your cheerleading performance portfolio; and
• Engaging with personalized content discovery features.

3.2 Prohibited Uses

You agree not to use the App for any unlawful, harmful, or unauthorized purpose. Without limitation, you shall not:

• Upload, post, share, or transmit any content that is illegal, defamatory, obscene, violent, harassing, discriminatory (based on race, gender, religion, disability, or other protected characteristic), or infringes on the intellectual property rights of others;
• Impersonate any person or entity, or falsely state or imply your affiliation with any person or entity;
• Use the App to stalk, bully, or harass any user;
• Attempt to access, modify, or disable any part of the App, including but not limited to servers, databases, or user accounts (without authorization);
• Use automated tools (e.g., bots, scrapers, crawlers) to access, collect, or extract data from the App without prior written permission from Cheery;
• Upload or transmit viruses, malware, or other harmful code that could damage the App or other users’ devices;
• Violate any applicable federal, state, or local laws, including but not limited to laws governing privacy, intellectual property, and online conduct;
• Sell, license, or otherwise commercialize any part of the App or content obtained through the App (without express written permission from Cheery); or
• Circumvent any security measures or terms of use implemented by Cheery.

"User Content" means any content you upload, post, share, or transmit through the App, including but not limited to videos, photos, text, comments, profile information, and performance portfolios. You retain all ownership rights to your User Content; however, by sharing User Content on the App, you grant Cheery a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, modify, and adapt your User Content for the following purposes:

• Operating, maintaining, and improving the App;
• Promoting the App and its community (e.g., in marketing materials, social media, or featured content sections);
• Enabling other users to access, view, and interact with your User Content (in accordance with the App’s features and these Terms); and
• Complying with legal obligations or responding to valid legal requests.

You represent and warrant that: (a) you own all rights to your User Content, or have obtained all necessary permissions from third parties (including minors featured in your content) to share and license such content; (b) your User Content does not violate any applicable laws, regulations, or third-party rights; and (c) your User Content is not harmful, misleading, or otherwise in violation of Section 3.2.

Cheery reserves the right (but is not obligated) to review, moderate, or remove any User Content at its sole discretion, without notice, if such content violates these Terms, is unlawful, or is otherwise objectionable. We may also suspend or terminate your access to the App if you repeatedly upload or share violating User Content.

The App and all its proprietary elements—including but not limited to software, code, design (e.g., pink gradient interface), features, trademarks, logos, text, graphics, and content owned by Cheery (collectively, "Cheery IP")—are the exclusive property of Cheery or its licensors. All Cheery IP is protected by United States and international intellectual property laws (e.g., copyright, trademark, and patent laws).

You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works of any Cheery IP without prior written permission from Cheery. The use of Cheery’s trademarks (e.g., "Cheery", "Basketball Cheerleading Community") is strictly prohibited unless authorized by Cheery in writing.

If you believe that any content on the App infringes your intellectual property rights, please contact us at cheeryleading@outlook.com with the following information (pursuant to the Digital Millennium Copyright Act ("DMCA")):

• Your name, contact information, and a statement that you have a good faith belief that the use of the infringing material is unauthorized;
• A description of the infringing material and its location on the App;
• A signature (physical or electronic) confirming that the information you provide is accurate and that you are the owner of the infringed right (or authorized to act on behalf of the owner); and
• A statement that you will submit to the jurisdiction of the federal court in the district where you reside (or Cheery’s principal place of business) and that you will accept service of process from the infringing user or Cheery.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CHEERY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the App will be error-free, uninterrupted, or secure;
• Warranties that the App will meet your specific needs or expectations;
• Warranties regarding the accuracy, completeness, or reliability of content on the App (including User Content); and
• Warranties regarding the performance or effectiveness of AI chat assistance or video calling features.

Cheery does not guarantee that the App will be compatible with all devices or operating systems, or that it will be free from viruses or other harmful components. You use the App at your own risk, and Cheery shall not be liable for any damage to your device or data resulting from your use of the App.

Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties shall be limited to the maximum extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHEERY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF CHEERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHEERY’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE APP SHALL NOT EXCEED $100.00 USD. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT (E.G., CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY).

These limitations of liability shall apply even if the limited remedy fails of its essential purpose. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such cases, Cheery’s liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Cheery, its officers, directors, employees, agents, licensors, and partners from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• Your use of the App or violation of these Terms;
• Your User Content (including any claims that such content infringes third-party rights or is unlawful);
• Your interaction with other App users (including but not limited to claims of harassment, defamation, or privacy violations); or
• Any breach of your representations and warranties under this Agreement.

Cheery reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which