Cherrium Software Terms of Use
Cherrium Software Terms of Use
Agreement to Terms
These Terms of Use govern your access to and use of software, applications, websites, and related services provided by Cherrium LLC.
By downloading, installing, accessing, purchasing, or using a Cherrium product or service, you agree to these Terms and the applicable Privacy Policy. If you do not agree, you must not use the applicable product or service.
If you use a Cherrium product on behalf of an organization, you represent that you have authority to accept these Terms on its behalf.
1) Eligibility
You must be legally permitted to use the applicable product and capable of entering into a binding agreement. If you are a minor, a parent or legal guardian must review and agree to these Terms where required by law.
2) Service Description
These Terms apply to software products and services provided by Cherrium LLC, including Peek, Flow, Harbor, CinePlan, Zoruh Stickers, Zoruh Stickers Animated, and related websites or services.
Product features may process, transmit, generate, save, retrieve, export, or delete content as part of their normal operation. Some processing begins when you activate a feature, while other processing may occur automatically after you enable or configure that feature.
Features, integrations, supported platforms, models, limits, and availability may change over time. We may modify, suspend, or discontinue a feature when reasonably necessary for security, reliability, legal compliance, service availability, or product development.
3) AI Features and Output
Certain Cherrium products use artificial intelligence services to analyze submitted content and generate responses, summaries, quizzes, recommendations, code, plans, or other output.
AI-generated output may be inaccurate, incomplete, outdated, biased, misleading, or unsuitable for your intended use. You are responsible for reviewing and validating output before relying on, publishing, executing, or sharing it.
Cherrium software is not a substitute for qualified medical, legal, financial, emergency, security, or other professional advice. Do not rely on AI output for safety-critical decisions.
AI output might not be unique and another user may receive similar output. We do not guarantee that generated output is free from third-party rights or appropriate for commercial use.
4) User Content
“User Content” includes prompts, messages, files, images, screenshots, screen captures, speech, transcripts, saved chats, quiz material, exported documents, and other information submitted to or processed through a Cherrium product.
You retain any rights you already hold in your User Content. You grant Cherrium LLC a limited, non-exclusive license to host, process, transmit, reproduce, format, and display User Content only as reasonably necessary to provide, secure, maintain, and support the requested features.
You represent that you have the rights and permissions necessary to submit or capture User Content. You must not submit confidential, personal, copyrighted, or otherwise protected information unless you are authorized to do so.
5) Peek-Specific Features
AI Chat
Peek sends prompts and relevant context to hosted AI infrastructure to generate responses. Model selection may be managed automatically and may change based on availability, compatibility, reliability, or service needs.
Automatically Saved Chats
Peek automatically saves conversations as you use the app. Saved chats may remain available on your device until you delete them, clear app data, uninstall the app, or an enabled cleanup feature removes them.
You are responsible for maintaining separate copies of information you cannot afford to lose. Peek is not intended to serve as a permanent backup or records-management system.
Saved-Chat Memory
When a prompt appears to refer to an earlier conversation, Peek may automatically use relevant excerpts or compact summaries from saved chats as background context. This processing may occur without requiring you to manually select a chat.
Saved-chat memory may miss relevant information, select unrelated context, or produce an incorrect interpretation. Peek Pro may use deeper saved-chat context than the Free plan.
Smart Cleanup and Pinned Chats
If Smart Cleanup is enabled, Peek may automatically delete older or less recently used saved chats when the saved-chat collection exceeds the configured limit. Deleted chats might not be recoverable.
Pinned chats are intended to remain at the top of the saved-chat list and be protected from Smart Cleanup. Pinning is not a replacement for maintaining an independent backup.
Vision
Vision uses macOS screen-recording permission to capture visible screen information during a session that you explicitly start. You control when a Vision session begins and ends.
Selected screen context may be transmitted to hosted AI infrastructure when the session is processed. Vision may fail to read small text, dates, times, images, warnings, or other details accurately.
Before using Vision, close or hide private information that should not be captured. You must not use Vision to monitor another person, capture restricted content, or record information you are not authorized to access.
Captured screen images are not added to saved chats as images, but the generated Vision analysis may be saved as chat content.
Voice Dictation
Voice input uses microphone and speech-recognition functionality to convert speech into text in the Ask field. Speech recognition may misunderstand words, names, punctuation, or pauses.
If optional voice auto-send is enabled, Peek may submit recognized text after detecting that you have stopped speaking. Pauses can be interpreted incorrectly. You are responsible for reviewing dictated text and disabling auto-send when you do not want recognized speech submitted automatically.
Interactive Quizzes
Peek may create interactive quizzes from a prompt or conversation. Quiz questions, answers, scoring, and explanations are AI-generated and may contain mistakes. Quiz results are provided for convenience and should not be treated as an official assessment or certification.
Quick Copy and Clipboard Features
Quick Copy can place words, sections, responses, or code on the system clipboard. If auto-clear clipboard is enabled, Peek may remove unchanged Peek-copied content after the configured behavior is triggered. Clipboard clearing is not guaranteed if another app modifies or controls the clipboard.
Links and Exports
Peek may generate clickable links or references to third-party websites. Cherrium does not control or endorse third-party websites and is not responsible for their content, availability, security, or privacy practices.
You are responsible for reviewing links before opening them and for verifying the content of PDFs or other exported documents before sharing or relying on them.
Shortcuts and Window Controls
Global shortcuts, Vision shortcuts, voice shortcuts, and visibility controls depend on macOS permissions and system behavior. Shortcut availability and window placement are not guaranteed across every device, keyboard layout, Dock configuration, or macOS version.
6) Acceptable Use
You may not use a Cherrium product to:
- Violate applicable law or the rights of another person.
- Infringe intellectual property, privacy, publicity, or confidentiality rights.
- Create, distribute, or facilitate malware, phishing, fraud, harassment, or abuse.
- Capture or process information you are not authorized to access.
- Attempt to bypass security controls, usage limits, subscriptions, or access restrictions.
- Interfere with, overload, damage, scrape, or misuse Cherrium or third-party infrastructure.
- Reverse engineer or extract source code except where applicable law expressly permits it.
- Use automated methods to access the service at a volume that interferes with normal operation.
7) Third-Party Services
Cherrium products may rely on third-party services, including Apple, hosted AI providers, infrastructure providers, payment platforms, speech recognition services, and external websites.
Your use of third-party services may also be governed by their terms and privacy policies. Cherrium is not responsible for interruptions, changes, errors, or actions caused by a third-party service.
8) Subscriptions and Billing
Certain Cherrium products offer auto-renewing subscriptions, including Peek Pro. Purchases made through the App Store are processed by Apple.
- The price and subscription period are displayed before purchase.
- Payment is charged to the Apple Account associated with the purchase.
- Subscriptions renew automatically unless canceled before renewal.
- You can manage or cancel a subscription through Apple ID Subscriptions.
- Cancellation normally takes effect at the end of the current paid period.
- Refund eligibility and processing are controlled by Apple and applicable law.
- Restore Purchases can be used for supported purchases associated with the same Apple Account.
Subscription benefits, quotas, request pacing, supported features, and usage limits may change. Material reductions will be communicated where reasonably required by law or platform rules.
A subscription does not guarantee uninterrupted service, a particular AI model, a specific response time, or permanent access to a particular feature.
9) Privacy and Data Handling
Cherrium products may process User Content, device information, purchase status, feature settings, permission status, and limited diagnostic information to provide and support their functionality.
Depending on the feature, information may be processed locally on your device or transmitted to third-party infrastructure. The applicable Privacy Policy explains the categories of information processed, purposes of processing, service providers, retention, and available privacy choices.
Cherrium Software Privacy Policy: https://cherrium.com/pages/cherrium-software-privacy-policy
10) Ownership and License
Cherrium software, branding, interfaces, designs, code, documentation, graphics, and other product materials are owned by Cherrium LLC or its licensors and are protected by applicable intellectual-property laws.
Subject to these Terms and any applicable platform license, Cherrium grants you a limited, personal, revocable, non-exclusive, non-transferable license to use the software for its intended purpose.
These Terms do not transfer ownership of Cherrium software or intellectual property to you.
11) Updates and Availability
Software updates may add, change, or remove features. Certain updates may be required for continued operation, security, compatibility, or access to hosted services.
We do not guarantee that a product will be available at all times or remain compatible with every future operating-system or hardware version.
12) Suspension and Termination
We may restrict or terminate access to hosted services if we reasonably believe you have violated these Terms, created a security risk, abused service infrastructure, or used a product unlawfully.
You may stop using a product at any time. Ending use does not automatically cancel an active subscription; subscriptions must be canceled through the applicable platform account.
13) No Warranties
To the maximum extent permitted by law, Cherrium products and services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory.
This includes implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, compatibility, and uninterrupted operation.
Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
14) Limitation of Liability
To the maximum extent permitted by law, Cherrium LLC and its affiliates will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, files, business opportunities, goodwill, or service availability.
To the extent liability cannot be excluded, Cherrium LLC’s total aggregate liability arising from the applicable product or service will not exceed the amount you paid for that product or service during the twelve months immediately preceding the event giving rise to the claim.
These limitations do not apply where prohibited by applicable law.
15) Product-Specific Terms
Flow by Cherrium
Flow is a macOS utility that provides dynamic wallpaper functionality. You are responsible for ensuring you have the rights to use media loaded into Flow.
Harbor by Cherrium
Harbor is a backup and archival utility designed to help users store and manage their own data. You are responsible for selecting appropriate source files, storage destinations, and connected services; maintaining independent backups; and verifying that backups and restores completed successfully.
Harbor may connect to storage, Git, Shopify, or other services that you configure. Your use of those services is also governed by their terms, permissions, limits, and privacy practices. You are responsible for the credentials and authorization used with each connected service.
Harbor should not be relied upon as the sole backup solution for critical information. Cherrium does not guarantee prevention of data loss, successful restoration, continued third-party compatibility, or uninterrupted access to a connected service.
CinePlan
CinePlan is a web-based planning and production tool available at https://cineplan.cherrium.com . You are responsible for ensuring you have the rights to upload, enter, or share information used with CinePlan and for reviewing schedules or generated planning information before relying on it.
Additional details about CinePlan data processing are provided in the CinePlan Privacy Policy.
Zoruh Stickers
Zoruh Stickers are static digital sticker packs intended for use within supported messaging platforms. Redistribution, resale, extraction, or unauthorized reproduction is prohibited.
Zoruh Stickers Animated
Zoruh Stickers Animated are animated digital sticker packs intended for use within supported messaging platforms. You may not extract, modify, redistribute, sublicense, or resell the animated assets outside their intended platform use.
16) Apple App Store Terms
If you obtain a Cherrium application through the Apple App Store, Apple’s Licensed Application End User License Agreement also applies to the application license.
If these Terms conflict with Apple’s Standard EULA regarding the licensed application, Apple’s Standard EULA controls to the extent of that conflict. These Terms continue to govern Cherrium-hosted services, subscriptions, product features, and User Content.
Apple Standard EULA: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
17) Governing Law
These Terms are governed by the laws of the State of Maine, without regard to conflict-of-law principles, except where the mandatory laws of your jurisdiction apply.
Nothing in these Terms prevents you from exercising consumer rights or bringing a claim in a court or forum where applicable law gives you that right.
18) Changes to These Terms
We may update these Terms to reflect product changes, new features, legal requirements, security needs, or changes to third-party services.
The updated date will appear at the top of this page. If a change is material, we may require you to review and accept the updated Terms before continuing to use an affected product.
19) Severability
If any part of these Terms is found unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.
20) Entire Agreement
These Terms, the applicable Privacy Policy, Apple’s Standard EULA where applicable, and any product-specific purchase terms form the agreement governing your use of the applicable Cherrium product.
Contact
Cherrium LLC
Portland, Maine, USA
Website: https://cherrium.com