Terms and Conditions

17th February 2025

Last updated: 17 Feb 2025. Please read these terms and conditions carefully before using Our Service.

Agreement to terms of use

These terms of use ("Terms") are entered into by and between you and Superbuzz Marketing Technologies Private Limited("Cherry," "Company", "we", or "us"). Cherry administers an influencer network program that allows creators to engage with brands in Cherry's merchant network ("Brands") and earn rewards in exchange for posting sponsored content (the "Cherry Rewards Program"). The Chery Rewards Program may be made available through certain websites (including www.cherryapp.in/), tools, applications, software, APIs, and associated content, software, and documentation (collectively, the "Platform"). The following Terms, together with any documents they expressly incorporate by reference, govern your access to and use of the Platform, including any content, functionality, and services offered on or through the Platform

Please read these Terms carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by these Terms and our Privacy Policy, found at http://www.cherryapp.in/privacy-policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Platform.

The Platform is offered and available to users who are 13 years of age or older. Suppose you are under 18 years of age. In that case, you represent that you have your parent or guardian's permission to access and use the Platform and any services made available through the Platform, including the Cherry Rewards Program. Please have your parent or guardian read these Terms with you. Suppose you are the parent or legal guardian of a user under 18 years of age, by allowing your child to access and use the Platform and any services made available through the Platform, including the Cherry Rewards Program. In that case, you agree to these Terms and are responsible for your child's activity on the Platform. If you do not meet all of these requirements, you must not access or use the Platform or any services made available through the Platform, including the Cherry Rewards Program.

By accessing and using the Platform, you affirm that you meet the eligibility requirements set forth herein

Applications and Services Operator, Contact Information:

The Services are operated by Superbuzz marketing technologies private limited, India. You can contact us through the designated contact details provided on our website.

Utilizing the Application and Services:

5.1. Legal Capacity

The Application and Services are accessible by:

  • Individuals: Any person who has full legal capacity to be bound by these Terms. Individuals without full legal capacity may access the Application and Services only with the approval of their legal guardian or representative.

  • Legal Entities: Any legal entity acting through an individual who has the legal authority to contract on behalf of that entity.

5.2. The Application and Services must be used directly by an individual to prevent automated access, such as through bots or scrapers.

Registration on the Application:

To access certain features of our Services, you may be required to register and provide specific information about yourself. You agree to provide accurate and complete information during registration and to keep this information up to date.

Acceptance of the General Terms

By registering for and using our Services, you indicate your acceptance of these Terms. If you do not agree to these Terms, you must not register or use our Services.

Services Overview

Cherry offers a single service where all users who submit their social media content are eligible for a variable cash reward. The amount of the reward is determined solely at Cherry's discretion and can vary for each individual and each post.

To access the Platform or register to create a Cherry account ("Account"), you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide is accurate, current, and complete.

You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. We reserve the right to disable your Account at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

By creating an Account, you agree and give express consent for the Company to send you text (SMS) messages or Instagram direct messages (DMs) as part of the normal business operation of your use of the Platform and Cherry Rewards Program. You acknowledge that opting out of receiving these messages may impact or disable your use of the Platform and Cherry Rewards Program.

We reserve the right to withdraw or amend the Platform, and any service or material we provide on or through the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or the entire Platform to users. You are responsible for making all arrangements necessary for you to have access to the Platform

User account information

Upon registering for an Account, you may be required to integrate your Account with third-party social media accounts, such as Facebook and Instagram ("Social Media Properties"). In connection with this integration, you authorize the Company to obtain certain information about you from your Social Media Properties. This information may include the content created and/or posted by you in connection with the Cherry Rewards Program ("Creator Content"), as well as personal information such as your name, profile information, profile picture, social media account metrics, number of followers, and any other information you make publicly available on your Social Media Properties (collectively, "Social Media Information").

The Company may include and integrate some or all of your Creator Content and Social Media Information into the Platform. Your Creator Content and Social Media Information may be available to Brands or other users of the Platform. By using the Platform and creating an Account, you authorize the Company to share your Creator Content, Social Media Information, and other personal information you provide with participating Brands, regardless of your actual interaction with each Brand

Cherry rewards program

The Platform allows Cherry, at its sole discretion, to provide eligible users with access to special promotional programs. These programs, including those conducted in collaboration with one or more Brands, enable users to receive rewards for posting about a Brand's product on their Social Media Properties. Rewards, if any, will be determined solely by Cherry, and Cherry's decision is final and binding. Additional terms and conditions may apply to your participation in these rewards programs.

Links from the Website

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links in advertisements, such as banner ads and sponsored links. We have no control over the content of these sites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

Cancellation of Orders

Order Cancellation: You may cancel your order within 24 hours of placing it by contacting our customer service team at [insert contact information]. After this period, your order may have already been processed, and cancellation may not be possible

Refund for Canceled Orders: If your cancellation request is approved, a full refund will be issued to your original payment method within 7-10 business days.

Refunds for Returned Items

Return Eligibility: Only the items that are defective or different from the originally order product are eligible for return

Refund Process: Once we receive and inspect the returned item, we will notify you of the status of your refund. If approved, refunds will be processed back to your original method of payment within 7-10 business days.

Non-Refundable Items: Items are non-refundable, including but not limited to: Personalized products

Defective or Incorrect Items

If you receive a defective or incorrect item, please contact us within 48 hours of receiving your order. We will provide instructions for returning the item and will issue a full refund or replacement at no additional cost.

Account Termination

Company may terminate, suspend, or otherwise restrict or prohibit access to and use of the Platform and any services made available through the Platform, including the Cherry Rewards Program, for any reason and without prior notice.

User Responsibilities

The User agrees to:

  • Adhere to Laws and Regulations: Comply with all applicable laws, regulations, and respect third-party rights and public order in their use of the Services.

  • Understand Service Limitations: Acknowledge and understand the capabilities and limitations of the Services, including technical constraints, and assume full responsibility for their use of the Services.

  • Responsibility for Interactions: Be solely accountable for their interactions with other Users and the information they share through the Services. Exercise caution and judgment in these interactions.

  • Personal Use Only: Use the Services strictly for personal purposes and refrain from transferring any part of their rights or obligations under these Terms to any third party.

  • Provide Necessary Information: Provide Superbuzz marketing technologies private limited with all required information and actively collaborate to ensure the smooth execution of these Terms.

  • Content Responsibility: Take responsibility for any content (text, graphics, audio, etc.) shared within the Services, ensuring that all necessary rights and permissions for distribution have been obtained.

  • Ensure Lawfulness of Content: Ensure that all shared content and components are lawful, non-offensive, do not infringe upon any rights, and do not expose Superbuzz marketing technologies private limited to any legal liability.

  • Prohibit Inappropriate Content: Refrain from distributing content that is explicit, offensive, defamatory, violent, illegal, counterfeit, damaging to a third party's image, false, misleading, promotes illegal activities, harms third-party IT systems, or infringes upon third-party rights.

  • Internet Connection Responsibility: Accept that the use of the Services requires an internet connection, the quality and cost of which are the User's responsibility.

  • Acknowledge Specific Obligations: Recognize that using the Application may entail specific obligations, particularly concerning taxation and social regulations.

Fulfill Administrative Obligations: Take full responsibility for any administrative, tax, and/or social obligations arising from their use of the Services, ensuring that Superbuzz marketing technologies private limited is not held liable in this regard.

Prohibited Conduct

You agree not to:

  • Use the Platform to exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or asking for personally identifiable information.

  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.

  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

  • Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper functioning of the Platform.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise, attempt to interfere with the proper functioning of the Platform or the Cherry Rewards Program

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or that, in our determination, may harm the Company or users of the Platform, or expose them to liability.

Penalties for Violations

If a User violates any provision of these terms, or more generally, infringes any applicable law or regulation, Superbuzz marketing technologies private limited reserves the right to take appropriate measures, including:

  • Suspending the User's access to the Services,

  • Deleting any content or component posted on the Application associated with the violation, in whole or in part,

  • Posting any informative message on the Application that Superbuzz marketing technologies private limited deems necessary,

  • Notifying the relevant authorities,

  • Initiating legal action.


Responsibility and Warranty of Cherry

Superbuzz marketing technologies private limited commits to delivering the Services with professional diligence, however, our obligation is a commitment to our best efforts, not a guarantee of achieving any specific outcome, which the Users acknowledge and explicitly agree. Superbuzz marketing technologies private limited takes no responsibility for any content that you or another user or third party posts, sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.

  • Superbuzz marketing technologies private limited is unaware of Contents and Components posted by Users via the Services. We do not moderate, select, verify, or control these. The Service may provide, or third parties may provide, links to other world wide web sites or resources. Because Superbuzz marketing technologies private limited has no control over such sites and resources, you acknowledge and agree that Superbuzz marketing technologies private limited is not responsible for the availability of such external sites or resources, is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Superbuzz marketing technologies private limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Please go through the terms of use and privacy policies of such sites carefully as you would be bound by those during such interactions. Complaints should be directed first at the author of the said contents. Any harmful content can be reported to Superbuzz marketing technologies private limited according to relevant laws, and Superbuzz marketing technologies private limited maintains the right to impose sanctions as described in Section 13.

  • Superbuzz marketing technologies private limited merely acts as a conduit by offering Users technical means to connect with others. Our liability is confined to the provision of these resources and facilitation of user interactions. Superbuzz marketing technologies private limited doesn’t participate in legal acts between Users who contract directly with each other. We cannot be held responsible for any difficulties or disputes that may arise between Users regarding these contracts.

  • Superbuzz marketing technologies private limited provides no guarantee to Users about any volume of business they could generate through the use of our Services.

  • Superbuzz marketing technologies private limited commits to conduct regular checks to verify the operation and accessibility of the Application, and reserves the right to temporarily close the Application for maintenance. Superbuzz marketing technologies private limited cannot be held responsible for any technical difficulties or temporary unavailability due to factors beyond our control.

  • Superbuzz marketing technologies private limited does not guarantee the Services will be completely free from errors, defects or flaws. The Services, being standard and not specifically tailored to individual User needs, may not meet every User's specific requirements and expectations..

  • Superbuzz marketing technologies private limited liability under these terms is expressly limited to only proven direct damages suffered by the User.

Intellectual Property

All systems, software, infrastructures, databases, and content (including text, images, logos, trademarks, databases, etc.) deployed by Superbuzz marketing technologies private limited Pvt. Ltd. within the Application are protected by active intellectual property rights or rights of database producers. Any unauthorized disassembly, decompiling, decoding, extraction, reuse, copying, reproduction, representation, distribution, or utilization of these elements, in whole or in part, is strictly prohibited and may result in legal action.

Copyright law

You acknowledge and agree that the Platform, including all its contents, features, and functionality (such as information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof), and all related intellectual property rights, are owned by the Company, its licensors, or other providers of such material.

These Terms of Use permit you to access and use the Platform, including any services available through it, such as the Cherry Rewards Program, for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM as part of your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser to enhance display performance.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device strictly for personal, non-commercial use, provided you agree to comply with our end user license agreement for such applications, if applicable.

If you print, copy, modify, download, or otherwise use or provide access to any part of the Platform in violation of these Terms of Use, your right to use the Platform will be immediately terminated. No right, title, or interest in the Platform or its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not explicitly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Superbuzz marketing technologies private limited respects the intellectual property rights of others and will respond to any claim that Content displayed on the Service infringes the copyright or intellectual property rights of any individual or entity.

If you are a copyright owner, or an authorized representative, and believe that your copyrighted work has been copied in a manner that constitutes copyright infringement, please email your claim to sharnam@cherryapp.in with the subject line: "Copyright Infringement." Your claim should include a detailed description of the alleged infringement.

Please note that claims of misrepresentation or bad faith regarding the infringement of any Content found on or through the Service may result in the claimant being liable for damages, including costs and attorneys' fees.

Your claim must include the following information:

  • A physical or electronic signature of the individual authorized to act on behalf of the copyright owner.

  • A description of the copyrighted work claimed to have been infringed, including the URL where the copyrighted work is located or a copy of the work.

  • Your address, telephone number, and email address.

  • A statement asserting your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

For such claims, please reach us at sharnam@cherryapp.in

Changes to the Terms of Use

We reserve the right to revise and update these Terms at our sole discretion. All changes become effective immediately upon posting and apply to all access and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms signifies your acceptance and agreement to the changes. Any new features or tools added to the Platform will also be subject to these Terms unless specified otherwise.

We encourage you to review these Terms regularly to stay informed of any updates, as they are binding on you. We may also choose to notify you of changes via email or other methods and may seek your affirmative consent to such changes. If you do not agree to the modified Terms, your only recourse is to discontinue using the Platform and the Cherry Rewards Program.

Limitation on liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing law

These Terms will be governed by and construed in accordance with Indian laws. All the matters arising out of herefrom shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India