Terms & Conditions

Cherry SMS Terms & Conditions
Last Updated: June 26, 2024 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

This website is operated by CherrySMS. These Terms of Service apply solely to your access to, and use of, CherrySMS’s website operated by CherrySMS and other CherrySMS websites and mobile applications and other social media applications which link to these Terms of Service (the 'Sites'). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with CherrySMS for products, services, or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.

1. PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.

2. COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, CherrySMS’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the 'Site Materials') are the proprietary property of CherrySMS or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms of Service and does not include:
(a) any resale or commercial use of the Sites or the Site Materials therein;
(b) the reproduction, distribution, public performance, or public display of any Site Materials, except as expressly permitted on the Site;
(c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof;
(d) use of any data mining, robots, or similar data gathering or extraction methods;
(e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or
(f) any use of the Sites or the Site Materials other than for its intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of CherrySMS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

3. REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act ('DMCA') and other applicable laws, CherrySMS has adopted a policy of terminating, in appropriate circumstances as determined by CherrySMS in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. CherrySMS may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. TRADEMARKS

You may not use any metatags or any other ‘hidden text’ utilizing ‘CherrySMS’ or any other name, trademark, or product or service name of CherrySMS without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of CherrySMS and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

5. HYPERLINKS

You may not use a CherrySMS logo or other proprietary graphic of CherrySMS to link to these Sites without the express written permission of CherrySMS. Further, you may not use, frame, or utilize framing techniques to enclose any CherrySMS trademark, logo, or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without CherrySMS’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CherrySMS or any third party.

CherrySMS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of CherrySMS and CherrySMS is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. CherrySMS provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by CherrySMS of any site, or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

6. THIRD PARTY CONTENT

We may make third-party information and other content available on or through the Sites (the 'Third Party Content') as a service to those interested in this information and we may provide information regarding or access to third-party products or services available on or through the Sites ('Third Party Products and Services'). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated therewith, are solely between you and such third party. CherrySMS does not control, endorse, or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that CherrySMS is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

7. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

CherrySMS may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. CherrySMS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-CherrySMS advertisers or third-party information on the Site.

8. SUBMISSIONS

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or CherrySMS that are provided by you in the form of email or other submissions to CherrySMS, or any postings on the Sites, are non-confidential and shall become the sole property of CherrySMS. CherrySMS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.

9. USER CONTENT AND INTERACTIVE SERVICES OR AREAS

The Sites may include interactive areas or services ('Interactive Areas'), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share, or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites ('User Content'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;

(b) User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

(c) User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(e) Unsolic ited promotions, advertising, or solicitations;

(g) Viruses, corrupted data, or other harmful, disruptive, or destructive files; and

(h) User Content which violates the terms of any CherrySMS guidelines, policies, or rules posted on the Site or otherwise provided to you; and

(i) User Content that, in the sole judgment of CherrySMS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose CherrySMS or its users to any harm or liability of any type.


CherrySMS takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is CherrySMS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity, or objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at CherrySMS’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, CherrySMS is not liable for any statements, representations, or User Content provided by its users in any public forum, blog, or other Interactive Area. Although CherrySMS has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant CherrySMS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, including, without limitation, in advertising, fundraising, and other communications in support of CherrySMS and the issues and causes it supports, without any right of compensation or attribution. You grant CherrySMS and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

10. REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Sites, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Sites ('Registration Data'); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to CherrySMS, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to CherrySMS.

11. REGISTRATION DATA; ACCOUNT SECURITY

Customers certify that, in the event they are sending messages related to any content or activity regulated by age verification, they have taken all necessary steps to verify the age of all recipients and that all recipients are of the requisite age for the content or activity. Customers understand that messages sent by anyone in their organization with access to their account must abide by the requirements listed in this document. Customers take sole responsibility for all activities of their account by anyone with access to their account.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CherrySMS, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Site or the User Content, including, without limitation, any actual or threatened suit, demand, or claim made against CherrySMS and/or its independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.

13. DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CherrySMS, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE ‘SERVICES’) ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CherrySMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS, OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. CherrySMS DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

CherrySMS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE CherrySMS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, CherrySMS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

CherrySMS reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by CherrySMS.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL CherrySMS OR OUR EMPLOYEES, AGENTS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT, OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CherrySMS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CherrySMS’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CherrySMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CherrySMS FOR ACCESS TO OR USE OF THE SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. APPLICABLE LAW AND VENUE

These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the United States applicable to agreements made and to be entirely performed within the United States, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in the United States, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms of Service.

16. TERMINATION

Notwithstanding any of these Terms of Service, CherrySMS reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your future access to and use of the Sites.

17. SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

18. REFUNDS
All sales are final, and CherrySMS does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

19. No Warranties
CherrySMS MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, CHERRYSMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

20. Limitation of Liability
YOU AGREE TO ABSOLVE CHERRYSMS OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT CHERRYSMS SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

21. Compatible Carriers
Compatible carriers include: AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk (Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix (Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems (PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, Union Telephone Company (Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless). (T-Mobile is not liable for delayed or undelivered messages.)

22. Contact Information
For additional help, contact info@cherrysms.com or call: (716) 767-8398.

23. Privacy Policy
CherrySMS respects your right to privacy. You can view our Privacy Policy at www.cherrysms.com/privacy.