Terms of Service

Effective: July 2024

Welcome!

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Thrive Life GmbH, the company behind cheerin'. So please read them carefully.

By using cheerin', a product of Thrive Life GmbH, or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.

1. Who Can Use the Services

No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

You can form a binding contract with cheerin'
You are not a person who is barred from receiving the Services under Austrian law or any other applicable jurisdiction
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Rights We Grant You

cheerin' grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

The Services include assembling an avatar using visual elements we provide. All Avatars are owned by cheerin', and we reserve the right to use any Avatars for any purpose, including to promote our products and services.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.

We call story submissions that are set to be viewable by everyone as well as content you submit to crowd-sourced Services, including our story, “Public Content.” For all content you submit to the Services other than Public Content, you grant cheerin' and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant cheerin', our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant cheerin', our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from cheerin', our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the cheerin' application or on one of our business partner’s platforms.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for cheerin' letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

With respect to your use of our Avatars, you grant cheerin', our affiliates, and our business partners a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform, and distribute (a) any actual or simulated likeness, image, voice, name, poses, or other personal characteristics (collectively, your “Likeness”) embodied in an Avatar, and (b) any materials you create using the Avatar Services, as well as the right to create and use derivative works from those materials, in any and all media or distribution methods (now known or later developed). This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This means, among other things, that you will not be entitled to any compensation from cheerin', our affiliates, or our business partners if your name, likeness, or voice is conveyed through or in connection with our Avatars, either on the cheerin' application or on one of our business partner’s platforms.

Should you develop or be deemed to have any rights in an Avatar not granted by these Terms, you agree to irrevocably and unconditionally assign to cheerin' all of your additional right, title, and interest, including all copyrights, in and to such Avatar.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.

4. The Content of Others

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although cheerin' reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms we make clear that we do not want the Services to be put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that cheerin' can collect, use, and share your information consistent with that policy.

6. Respecting Others' Rights

cheerin' respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:

violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.
bullies, harasses, or intimidates.
defames.
spams or solicits our users.

You must also respect cheerin'’ rights and adhere to the Brand Guidelines and any other brand guidelines published by cheerin'. You may not do any of the following (or enable anyone else to do so):

use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by the Brand Guidelines or other brand guidelines published by cheerin'.
violate or infringe cheerin’s copyrights, trademarks, or other intellectual property rights.
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

7. Safety | Conduct of use

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.

8. Your Account

You are responsible for any activity that occurs in your cheerin' account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

You will not create more than one account for yourself.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent, or lease access to your cheerin' account
You will not share your password.
You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to us.

9. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a cheerin' account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

10. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. cheerin' is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

11. Modifying the Services and Termination

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong member of the cheerin' community, you can terminate these Terms at any time and for any reason by deleting your account.

cheerin' may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and cheerin' continue to be bound by Sections 3, 6, 9, and 12-20 of the Terms.

12. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless cheerin', our affiliates, directors, officers, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

13. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while cheerin' attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any content, user content, or information you obtain on or through the services will be timely or accurate.

cheerin' takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which cheerin' will be responsible for.

14. Limitation of Liability

To the maximum extent permitted by law, cheerin' and our managing members, employees, affiliates, licensors, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) the conduct or content of other users or third parties on or through the services; or (c) unauthorized access, use, or alteration of your content, even if cheerin' has been advised of the possibility of such damages. In no event will cheerin's aggregate liability for all claims relating to the services exceed the greater of €100 EUR or the amount you paid cheerin', if any, in the last 12 months.

15. Exclusive Venue

To the extent that these Terms allow you or cheerin' to initiate litigation in a court, both you and cheerin' agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Austrian Handelsgericht for the District of Vienna. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Oberster Gerichtshof (OGH), Vienna. You and cheerin' consent to the personal jurisdiction of both courts.

16. Choice of Law

Except to the extent they are preempted by Austrian federal law, the laws of Vienna, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

17. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

18. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.

19. Final Terms

These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and cheerin' and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.Contact Us

cheerin' welcomes comments, questions, concerns, or suggestions. Please contact us by visiting https://cheerin'.app/.

cheerin' is located in Vienna, Austria.