Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Invictus Logic LLC, a District of Columbia limited liability company ("Cherry," "we," "us," or "our"), governing your access to and use of the Cherry mobile application (the "App") and all related services (collectively, the "Service").

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

1. Eligibility

1.1 Age Requirement

You must be at least sixteen (16) years of age to create an account and use the App's features. By signing in, you confirm that you are at least 16 years old and agree to these Terms and our Privacy Policy. If you are between 16 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into these Terms in your jurisdiction.

1.3 Restrictions

You may not use the App if you are under 16 years of age, have been previously suspended or banned from the App, or your use would violate any applicable law or regulation.

2. Account Registration and Security

2.1 Account Creation

You may initially browse the App with an anonymous account. To access full features, you must sign in using Apple Sign-In or Google Sign-In. By tapping the sign-in button, you expressly agree to these Terms and Conditions, our Privacy Policy, and confirm that you are at least 16 years old.

2.2 Account Security

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at support@cherryai.app if you suspect unauthorized access.

2.3 One Account Per Person

Each individual may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse credits, or manipulate the Service is prohibited and grounds for termination.

3. Description of the Service

3.1 Overview

Cherry is an AI-powered image generation platform that creates personalized fashion and lifestyle images based on your reference photos and generation parameters. The Service includes AI Image Generation, a Template Library, Dressing Room, Explore Feed, and Recreation features.

3.2 Reference Photos

To use AI image generation, you must upload five (5) reference photos of yourself (front face, left profile, right profile, half body, full body) and provide explicit consent. By uploading reference photos, you confirm that you are the person depicted (or have obtained their explicit consent), acknowledge that photos will be processed by AI, and understand that reference photos are not used to train any AI model.

3.3 AI-Generated Content

AI outputs may not always be accurate, appropriate, or desirable. Cherry does not guarantee specific results, quality, or likeness accuracy. Generated content is subject to the content policies of the underlying AI model provider.

4. Credits and Subscriptions

4.1 Credit System

• 1K resolution generation: 10 credits
• 2K resolution generation: 20 credits

Credit costs are subject to change with notice through the App.

4.2 Subscription Plans

• Subscription credits expire at the end of each billing period and do not roll over.
• Purchased credit packs do not expire.
• Recreation reward credits do not expire.

4.3 Payments

All payments are processed through Apple App Store or Google Play Store. Cherry does not collect, process, or store your payment card or banking information.

4.4 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period.

4.5 No Refunds

All purchases of credits and subscriptions are final and non-refundable, except as required by applicable law or the policies of Apple App Store or Google Play Store. If a generation fails due to a technical error on our end, credits will be automatically refunded.

5. User Content

5.1 Ownership

You retain ownership of your User Content. You are solely responsible for your User Content and the consequences of uploading or publishing it.

5.2 License — Private Content

For content you do not publish to the Explore feed, you grant Cherry a limited, non-exclusive, revocable license to host, store, process, and transmit such content solely to provide the Service for you.

5.3 License — Published Content

For content you publish to the Explore feed, you grant Cherry a non-exclusive, worldwide, royalty-free license to display, distribute, and use the content for marketing purposes related to Cherry, and to enable other users to view and recreate similar images. You may revoke this license at any time by unpublishing or deleting the content.

5.4 Representations and Warranties

By uploading or publishing User Content, you represent that you own or have the necessary rights, the content does not infringe any third party's rights, and if the content depicts another person, you have obtained their explicit, informed consent.

6. AI-Generated Content Ownership

Subject to these Terms, you own the AI-generated images created from your reference photos and inputs, to the extent permitted by applicable law. The legal status of AI-generated content under intellectual property law is evolving and varies by jurisdiction. You may use your AI-generated images for personal and commercial purposes, provided you comply with all applicable laws and do not misrepresent AI-generated images as authentic photographs.

7. Prohibited Uses

You agree not to use the App to:

7.1 Illegal or Harmful Content

• Generate, upload, or publish content that is illegal, obscene, pornographic, sexually explicit, or exploitative.
• Generate images depicting minors (persons under 18) in any inappropriate, suggestive, or harmful context.
• Generate content that promotes violence, terrorism, self-harm, or hate speech.
• Generate content intended to harass, bully, threaten, defame, or intimidate any person.

7.2 Deception and Fraud

• Generate images intended to deceive, defraud, or mislead others, including creating "deepfakes" for malicious purposes.
• Impersonate another person without their explicit consent.
• Misrepresent AI-generated images as authentic photographs in contexts where the distinction matters.

7.3 Unauthorized Use of Others' Likeness

• Upload reference photos of another person without their explicit, informed consent.
• Generate images of public figures, celebrities, or any third party without authorization.
• Use the App to create non-consensual intimate imagery of any person.

7.4 Technical Abuse

• Reverse engineer, decompile, or attempt to discover the source code of the App.
• Use automated scripts, bots, or scrapers to access or interact with the App.
• Create multiple accounts to abuse credits, promotions, or features.

Violation of this Section may result in immediate account termination, forfeiture of credits, and legal action.

8. Intellectual Property

The App, including its design, features, code, templates, branding, and logos, is the property of Invictus Logic LLC and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in Cherry's intellectual property.

9. Third-Party Services

The App integrates with third-party services (including Apple, Google, Meta, RevenueCat, and AI model providers). Your use of these services is governed by their respective terms. Cherry is not responsible for the availability or practices of third-party services.

10. Disclaimers

THE APP AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHERRY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED IMAGES WILL MEET ANY PARTICULAR QUALITY STANDARD.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHERRY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. CHERRY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CHERRY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless Cherry and its officers, directors, members, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the App, your User Content, your violation of these Terms, or your violation of any applicable law or third party's rights.

13. DMCA and Intellectual Property Complaints

If you believe that content on the App infringes your copyright, please send a DMCA notice to support@cherryai.app with "DMCA Notice" in the subject line, including identification of the copyrighted work, the allegedly infringing material, your contact information, a good faith statement, and your signature.

14. Termination

You may terminate your account at any time through the App's settings. We may suspend or terminate your account, with or without notice, for any reason including violation of these Terms, illegal activity, or security issues. Upon termination, all unused credits are forfeited and your license to use the App immediately ceases.

15. Modifications

We may update these Terms from time to time. For material changes that adversely affect your rights, we will provide at least thirty (30) days' notice. Your continued use of the App after the effective date constitutes your acceptance of the updated Terms.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@cherryai.app and attempt to resolve the dispute informally for at least sixty (60) days.

16.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AND CHERRY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, rather than in court, under the American Arbitration Association (AAA) Consumer Arbitration Rules, in Washington, D.C.

16.3 Class Action Waiver

YOU AND CHERRY AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

16.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@cherryai.app within thirty (30) days of first accepting these Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the District of Columbia, United States. For disputes not subject to arbitration, you and Cherry consent to the exclusive jurisdiction of the federal and local courts of the District of Columbia.

18. Specific Regional Provisions

18.1 European Union / EEA

Nothing in these Terms limits your rights under the EU Consumer Rights Directive. The arbitration clause is optional for EU consumers — you may bring claims before the courts of your country of residence or use the EU Online Dispute Resolution platform at ec.europa.eu/odr.

18.2 United Kingdom

Your statutory consumer rights under UK law (including the Consumer Rights Act 2015) are not affected by these Terms.

18.3 Australia

Nothing in these Terms excludes any guarantee or remedy that cannot be excluded under the Australian Consumer Law.

18.4 California

You have the rights set forth in the CCPA/CPRA as described in our Privacy Policy. Complaints may be filed with the California Department of Consumer Affairs.

19. General Provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cherry. If any provision is found to be unenforceable, the remaining provisions continue in full effect. You may not assign your rights under these Terms without Cherry's prior written consent.

20. Apple and Google-Specific Terms

These Terms are between you and Cherry, not Apple or Google. Apple and Google have no obligation to provide maintenance, support, or warranties with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. Contact Us

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.