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Cherre Policies and Agreements

  • Cherre’s Privacy Policy
  • Cherre Terms of Service
  • Cherre Service Level Agreement

Cherre’s Privacy Policy

Last Revised: April, 2021

The following privacy policy (the “Privacy Policy”) outlines what information Cherre, Inc. (“Cherre,” “we” or “us”) may collect from users or our website www.cherre.com (“the “Website”), and any other related content, features, content, materials, applications, widgets and/or online services offered by Cherre (collectively, the “Services”), and how we use and disclose that information, and what choices you have about how that information is used and disclosed. For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services.

When you use the Services, you understand that Cherre may collect, use and disclose technical data and related information about you in various ways subject to the terms of the Privacy Policy. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. BY USING, ACCESSING, OR DOWNLOADING ANY OF THE SERVICES, YOU AGREE TO THE USE OF YOUR INFORMATION IT DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THE SERVICES.

We may modify this Privacy Policy at any time in accordance with Section 10 (Changes to This Privacy Policy). If you have questions about this Privacy Policy, please contact us at the contact information listed in Section 11 below.

  1. Eligibility Requirements

    In accordance with our Terms of Service, the Services are not intended for use by any individual under the age of 18. Users under 18 or any are not allowed to register with or use the Services.

    Cherre does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register on the Services. If we learn that we have collected personal information from anyone under the age of 13, we will make commercially reasonable efforts to delete that information.

    If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, please contact us using the contact information in Section 11 below to request that it be deleted.

  2. Information We Collect

    Upon registration with the Services, a user profile is developed to further customize the user’s experience. We collect certain information you actively enter onto our online forms during registration or while using the Services.

    1. Information We Collect From You

      When you register on, or otherwise use the Services, we may collect information you provide to us via forms, surveys, applications or other online fields:

      1. Basic contact details, as follows: name, phone number, address (including zip code), telephone fax numbers, and email address.
      2. Account information, as follows: user name and password.
      3. Any other information you choose to include in communications with us, for example, when sending a message through the Contact Us web form.

      Some features of the Services may require you to enter certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

    2. Usage Data Login Through Third Party Websites

      In some cases, we may allow you to login to the Services using your account on third party websites (e.g., Google) (a "Third Party Website"). If you login to the Services through a Third Party Website, we access and collect information about your use of the Third Party Website and information you provide to such Third Party Website. To the extent you and the Third Party Website allow, we may access your information that is publicly available to other users of the Third Party Website and all information you have provided to the Third Party Website, such as login email and other content information, friends lists, network statistics and updates regarding your Third Party Website account. We will notify you before we collect such information from such Third Party Website.

      We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we use cookies and other geolocation tracking technologies, such as:

      1. IP address
      2. Browser type
      3. Date and time stamps, such as the date and time you first accessed the Services
      4. Operating system
      5. Log data
      6. Other information regarding your interaction with the Services, such as clickstream data
    3. Cookies and Other Tracking Technology

      To help us serve your needs better, we use "cookies" or other tracking technologies on the Site to store and sometimes track Usage Data and click tracking. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. A website can use cookies to recognize repeat users or track web usage behavior. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. Please be aware that Usage Data may be automatically collected by virtue of the standard operation of Cherre’ computer servers or through the use of cookies.

      You may control the way in which your devices permit the use of such tracking technologies. Most browsers accept cookies automatically. However, you may be able to configure your browser settings to use the Services without some cookie functionality. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools » Internet Options » Browsing History » Delete to view manual and automatic options. If you so choose, you may refuse the use of or delete cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Services. Users should be aware that Cherre cannot control the use of cookies (or the resulting information) by third parties. The use of third party cookies is not covered by our Privacy Policy. We do not have access or control over these cookies.

      When you use the Site, we may also use web beacons to access our cookies. A web beacon is an electronic file on a web page that allows us to count users who have visited that page and to recognize users by accessing our cookies. Further, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. You can avoid web beacons by turning off HTML display and displaying only the text portion of your email.

      We may participate in behavioral-based advertising. This means that a third party may place a cookie on your browser, or use a web beacon, to collect information about your use of our Services so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Services, or on other websites or apps. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance.

      We may also use services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to assist in providing the Services. Google Analytics uses cookies to help us analyze how users use the Services. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for us and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using the Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To opt out of tracking by Google Analytics, click here.

      Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, Cherre does not use or respond to "Do Not T rack" signals in your web browser. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

      If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below in Section 11.

    4. Third Party Providers

      We use third parties who collect payment and billing information, including account numbers, organization name and billing address from you on our behalf.

  3. How We Use Your Information
    1. To Provide the Services

      We use the information that we collect from you to provide you with the Services, support and enhance your use of the Services, allow you to evaluate your eligibility for such products or services, to monitor which features of the Services are used most and to allow us to determine which features we need to focus on improving.

      When you register online on the Service, you may be given the option of receiving periodic informational/promotional mail or email from Cherre. You choose whether or not to receive correspondence when you provide this information or by changing your preferences within your registration profile at any time.

      We use Usage Data and other information collected from users of the Services in the aggregate, so that we can improve the Services and for business and administrative purposes.

    2. Diagnose Website Problems

      Cherre uses your IP address to help diagnose problems with our computer server, and to administer the Services. Your IP address is also used to gather broad demographic data. It is not stored or linked to your personal profile information, such as name or contact information.

    3. Service-related Announcements and Marketing Communications

      We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if the Services are temporarily suspended for maintenance, we might send you an email.

      We may also send you email marketing campaigns for products and services that we think may be of interest to you.

      Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

    4. Customer Service

      We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. If you wish for us to cease contacting you, please contact us using the information listed below in Section 11.

  4. Our Disclosure of Your Information

    You acknowledge that sharing of information as outlined below may occur in all of the aforementioned circumstances and is permitted by and subject to this Privacy Policy.

    1. Aggregated Data

      Cherre may share Usage Data collected from users of the Services with third parties for industry analysis and demographic profiling, but such aggregated data will be de-identified.

    2. Third Party Vendors

      We may employ third party vendors who provide services to us such as:

      1. Payment and billing vendors
      2. Data analytics vendors
      3. Cloud storage providers
      4. IT service management vendors
      5. Email marketing services vendors
      6. Professional service advisors, such as auditors, law firms or accounting firms.

      These vendors help facilitate our provision of the Service, to provide the Services on our behalf, provide customer support, perform Service-related services (e.g., maintenance services, database management, web analytics and improvement of the Services’ features) or to assist us in analyzing how our Services are used. These third party vendors may have access to your information, but only to the extent needed to perform these tasks on our behalf, and we will use commercially reasonable efforts to contractually require them to protect and safeguard your information to at least the same extent that we do under this Privacy Policy. If you choose to purchase merchandise, products and/or services, on or through features on the Service, we may forward your information to third party vendors for services such as payment processing and billing. There are also times when you provide information about yourself to us in areas of the Services that may be managed or participated in by third party vendors. In such cases, the information may be used by us and by such third party vendors, each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third party vendors to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third party vendors.

    3. Enforcing the Terms and User Safety

      We may share your information with third parties to enforce any applicable terms of service or to ensure the safety and security of the Company and/or its users.

    4. Law Enforcement

      Cherre also cooperates with government and law enforcement officials, agencies and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials, agencies or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of Cherre or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.

    5. Affiliates and Business Transfers

      We may share your information with our affiliates or otherwise within our corporate group. Additionally, in the event that all or a substantial portion of the assets, business or stock of Cherre are acquired by, merged with or transferred to another party, or in the event that Cherre goes out of business or enters bankruptcy, your information may be one of the assets that is transferred to or acquired by the third party. You acknowledge that such transfers may occur, and that any acquirer of Cherre or its assets may continue to use your information as set forth in this Privacy Policy.

  5. Accessing and Updating Your Personal Information and Preferences

    If your information changes, or if you no longer desire our Services, or if you wish to update your preferences to receive email or other communications from us, you may correct, delete inaccuracies, or amend your information and preferences by making the change on our user information page or by contacting us at support@cherre.com. We will use commercially reasonable efforts to respond to your access request within 30 days. When you use the App, you may opt-out of receiving push notifications in your preferences registered on the App.

  6. Data Security

    Please note that any information you send to us electronically may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We recommend that you do not use unsecure channels to communicate sensitive or confidential Information to us, as we cannot guarantee that information you supply won't be intercepted while being transmitted to us over the Internet, and any information you transmit to Cherre you do at your own risk.

    If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We recommend that you use unique numbers, letters and special characters in your password and not disclose your password to anyone. We highly recommend that you do not share your username, password, or other access details with anyone else. If you do share your password or Personal Information with others, you are responsible for all actions taken in the name of your account. If your account or password has been compromised for any reason, you should immediately notify us using the contact information provided below and change your password.

  7. Individual California Residents

    California law permits California residents to request certain information regarding our disclosure of their personal information (as defined in California Civil Code Section 1798.83) to third parties for their direct marketing purposes. We may from time to time elect to share certain “personal information” about you with third parties for those third parties’ direct marketing purposes. California users may, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. California users may, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2019 will receive information about 2018).

    To make such a request, please contact us using the information listed below. Please note that we are only required to respond to one request per California resident each year.

  8. Third Party Links

    We may provide links to third-party websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by Cherre, you should review their privacy and security policies and other terms and conditions. Cherre does not guarantee and is not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of their information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

  9. Changes to this Privacy Policy

    We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will use reasonable efforts to notify you (e.g. by email sent to the email address specified in your account) and obtain your consent and take additional steps as required by applicable law. We encourage you to periodically review this page for the latest information on our privacy practices. IF YOU DO NOT AGREE TO ANY UPDATES TO THIS PRIVACY POLICY PLEASE DO NOT ACCESS OR CONTINUE TO USE THE SERVICES.

  10. Users Outside the United States

    This Privacy Policy is intended to cover collection of information from residents of the United States. The Services and the services upon which the Services are hosted are located in the United States. Information you submit using the Services will be transferred to and stored in the United States. By visiting the Services and submitting information, you authorize this transfer.

  11. How to Contact Us

    Should you have any questions about our privacy practices or this Privacy Policy, please email us at support@cherre.com or contact us at Cherre, Inc., 575 8th Ave., New York, NY 10018.

Cherre Terms of Service

Last Revised: 1 October, 2020

These Terms of Service (“Terms”) govern your access to and use of our website www.cherre.com (the “Website”), and any other related content, features, content, materials, applications, widgets and/or online services (collectively the “Services”) offered by Cherre, Inc. (“Cherre” or “we” or “us”). Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Please note that Section 8 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 8.

TABLE OF CONTENTS

  1. WHO MAY USE THE SERVICES
  2. USER ACCOUNTS, SUBSCRIPTIONS AND FREE TRIALS
  3. LOCATION OF OUR PRIVACY POLICY
  4. RIGHTS WE GRANT YOU
  5. OWNERSHIP AND CONTENT
  6. THIRD PARTY SERVICES AND MATERIALS
  7. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
  8. ARBITRATION AND CLASS ACTION WAIVER
  9. ADDITIONAL PROVISIONS
  1. WHO MAY USE THE SERVICES
    1. You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements.
  2. USER ACCOUNTS, SUBSCRIPTIONS AND FREE TRIALS
    1. Creating and Safeguarding your Account. To register an account on and use the Services, you may need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. Certain features of the Services will only be made available to you if you are using the Services as a paying subscriber or as a professional real-estate agent, broker, firm, or real estate service provider (and you must indicate the appropriate description upon requesting access to the Service). Cherre reserves the right to request evidence of your identity and account information prior to permitting such functionalities to be provided through the Services. Notwithstanding the foregoing, Cherre may determine your eligibility to create an account on the Service in its sole discretion. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@Cherre.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
    2. Free Trials. You can sign up for a trial Account for the paid portion of the Services and your trial period starts on the day you create the trial Account and lasts for the duration indicated on your free trial confirmation email (or if not specified, then ninety (90) days). If you are on a trial, you may cancel at any time until the last day of your trial by contacting Cherre. If you cancel your trial or your trial term expires, you acknowledge and agree that we may delete all of your content or data associated with your trial and, if you have not entered into a paid subscription for the Services, we may also delete all of your content or data associated with your Account.
    3. Paid Subscriptions. If you would like to upgrade to a paid subscription of the Services, you must enter into a written agreement with Cherre. To do so, please contact Cherre directly.
  3. LOCATION OF OUR PRIVACY POLICY
    1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.cherre.com/policies.
  4. RIGHTS WE GRANT YOU
    1. License Grant. Subject to your compliance with these Terms, the Company hereby grants to you the right to access and use the Services in the manner permitted by these Terms and subject to the use restrictions described below or as otherwise set forth in an applicable order or agreement. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
    2. Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
      1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
      2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
      3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
      4. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
      5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
      6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
      7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
      8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
      9. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
      10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
      11. use the Services for illegal, harassing, unethical, or disruptive purposes;
      12. violate any applicable law or regulation in connection with your access to or use of the Services; or
      13. access or use the Services in any way not expressly permitted by these Terms.
  5. OWNERSHIP AND CONTENT
    1. Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its, including, without limitation, the exclusive right to create derivative works.
    2. Ownership of Trademarks. The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
    3. Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
    4. Notice of Infringement – DMCA Policy
      If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
      1. identification of the copyrighted work that is claimed to be infringed;
      2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
      3. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
      4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
      5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
      6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
      Notices of copyright infringement claims should be sent by mail to: Cherre, Inc., Attn: Copyright Agent, 575 8th Avenue, Floor 20, New York, NY 10018; or by e-mail to legal@cherre.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
      A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
  6. THIRD PARTY SERVICES AND MATERIALS
    1. Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
  7. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
    1. Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, all data and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
    2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; or (d) your negligence or wilful misconduct.
  8. ARBITRATION AND CLASS ACTION WAIVER
    1. Informal Process First. You agree that, in the event of any dispute between you and the Company Entities, you will first contact the Company in writing and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any arbitration or court action.
    2. Arbitration Agreement and Class Action Waiver.
      1. If the dispute remains unresolved thirty (30) days after you first contact the Company in writing under Section 8.1, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your purchase or use of the Products, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). The JAMS Rules and the JAMS Consumer Arbitration Minimum Standards, the latter effective July 15, 2009, are available at https://www.jamsadr.com.
      2. Arbitration will be handled by a sole, neutral arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class, consolidated or representative arbitrations and class, consolidated or representative actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class, consolidated or representative action or class, consolidated or representative arbitration. Court review of an arbitration award is limited. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
      3. The place of arbitration will be New York, New York, but if you prefer a hearing in or closer to your hometown area, you and the Company will confer in good faith in order to identify a reasonable alternative location.
      4. Each of the Parties shall cooperate in good faith in the discovery or exchange of nonprivileged information relevant to the dispute as necessary in accordance with the JAMS Rules.
      5. The arbitrator’s award will consist of a written statement stating the disposition of each claim, and the award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
      6. You and the Company shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision.
    3. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules and the JAMS Consumer Arbitration Minimum Standards. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
    4. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@cherre.com or to the mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your purchase of the Products or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
  9. ADDITIONAL PROVISIONS
    1. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
    2. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
    3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
    4. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
    5. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
    6. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 8, or if arbitration does not apply, then the state and federal courts located in New York New York.
    7. How to Contact Us. You may contact us regarding the Services or these Terms at: 575 8th Avenue, New York, NY 10018, by e-mail at support@cherre.com .

Cherre Service Level Agreement

Overview

The following document describes the Standard Service Level Agreement (SLA), if your working agreement doesn’t have a specified or enhanced SLA, then this document outlines you SLA’s.

Definitions and Scope
  1. Scope of SLA
    1. Cherre guarantees: (a) availability of its Core Services and (b) average data delivery schedules for connections to partner data sources and private data where specified in scope of works and supporting agreements.
  2. Definitions
    1. Allowed Update Window - time for Cherre to successfully deliver newly updated data before a customer starts accruing Downtime.
    2. Core Services – means the services identified in Section 3 below.
    3. Data Delivery Services – means the data pipeline services for connectors specified as the scope of works.
    4. Downtime - Downtime for Core Services means the Service is available less than the Service Level Objectives below, measured on a rolling monthly basis. Downtime for Data Delivery Services means: (a) the connection is completely broken / not loading data at all, or (b) more than 1% of the overall data or 5% of new data does not update during the Normal Update Time for the Service.
    5. Normal Update Time – the average time between the update intervals declared in a Data Delivery SLA Schedule. Normal Update Time is not set until the minimum number of required successful incremental and initial loads have been met.
      Category Minimum required successful syncs
      Daily 12
      Weekly 8
      Monthly 3
    6. Service Credit - The dollar credit amount that Cherre will credit to a Customer’s eligible account if the Actual Monthly Uptime Percentage is less than specified SLO’s and which is calculated by multiplying the Service Credit percentage listed in the table below by Customers Monthly Fee for the corresponding month and Monthly Uptime Percentage range. Service Credits may not be redeemed for cash and may not exceed 50% of the total monthly fees for that Service in the month that the incident occurred.
      Monthly Uptime Percentage Percentage of monthly bill for the respective Covered Service that does not meet SLO that will be credited to future monthly bills of Customer
      CoreConnect - API 99.0% to 99.5% 5%
      95.0% to 99.0% 10%
      95% 25%
  3. CORE SERVICES
    1. Cherre offers enhanced uptime SLA for Customers who have this specified in their scope. If you require these enhanced features, please speak to a customer service representative. Additional fees may apply.
    2. Credit against the entire platform fee even if the other Core Services are working. If more than one Core Service is down, the Customer will receive one Service Credit against the entire platform fee, not multiple credits.
  4. DATA DELIVERY SERVICES
    1. Cherre offers an enhanced connector data delivery SLA for Customers who have explicitly specified them in their scope of works. If you require these enhanced features please speak to a customer service representative. Additional fees may apply.
    2. A data delivery SLA is a guarantee that Cherre will load data at a given interval, which is defined as the combined total time of the Normal Update Time added onto the Allowed Update Window. Downtime will begin to accrue after the Normal Update Time plus Allowed Update Window. E.g. if the normal update time is 1 hour, and the Allowed Update Window is 12 hours, then the Customer would begin accruing downtime 13 hours after the last successful sync. When combining 2 sources, the update window starts once the last new source is available
    3. In order to be covered by this SLA, the Allowed Update Window must be specified in the scope of works.
    4. If the Customer wishes to add or remove Data Delivery Services, the Customer must notify Cherre by email and Cherre must confirm. Additional fees may apply.
    5. For a Data Delivery Service to be covered by this SLA, each table from a data source must be proven capable of syncing to the Customer’s target warehouse by: successfully syncing the initial data load, and then successfully syncing incremental loads as specified in the table of section 2.5.
  5. Claims
    1. Customer must submit claims to Cherre customer support (support@Cherre.com) along with all information necessary for Cherre to validate each claim, including: (i) a detailed description of the incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of Customer’s attempts to resolve the incident.
    2. Cherre must receive the claim within two months of the end of the month in which the incident occurred.
    3. Cherre will evaluate all reasonably available information and make a good faith determination of whether a Service Credit is owed. Cherre will use commercially reasonable efforts to process claims within 45 days of receipt. Customers must be in compliance with the Agreement to be eligible for Service Credits. If a Service Credit is owed to Customer, Cherre will apply the Service Credit to Customer’s subsequent service term or to any additional Services added during the current term.
    4. If Customer experiences Downtime for multiple Services, they must submit a separate request for each Service. For example, if the Customer purchased both Core-Connect and Core-Prospect, and an incident caused Downtime for both Services. Service Credits are Customer’s sole remedy for performance or availability issues for any Service under the Agreement and this SLA.
    5. The aggregate maximum number of Financial Credits to be issued by Cherre to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by Customer fee for the applicable month.
    6. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.
  6. Limitations
    1. Downtime does not include Service unavailability due to the following:
      1. Maintenance requested by Customer, scheduled maintenance or unscheduled emergency maintenance, either by Cherre or by third-party providers. Cherre will provide seven days’ advance notice in-writing, or by e-mail of scheduled maintenance, not to exceed 24 hours per month.
      2. Failure of equipment, software, or other parts of the Services not listed as a Core Service or Data Delivery Service.
      3. Outages of third-party connections or utilities or other reasons beyond Cherre’s reasonable control.
      4. The Customer uses equipment, software, or Services in a way that is not recommended by Cherre.
      5. The Customer has delayed, hindered, or prevented Cherre from providing Services, such as removing Cherre’s access to Customer data sources or warehouses.
      6. The Service has become unavailable as a result of unsupported equipment, software, or other third-party services that are not fully functional, which includes but is not limited to undocumented API changes, API limits, or sync failures due to new or changed data that disrupts the schema mapping rules.
      7. Customer’s breach of any of its agreements with Cherre, or Cherre’s responses thereto.
      8. The Service is an alpha, beta release, or other pre-production releases of a component of the Services.
    2. Downtime doesn’t include API queries that meet any of the following
      1. Maintenance requested by Customer, scheduled maintenance, or unscheduled emergency maintenance, either by Cherre or by third-party providers. Cherre will provide seven days’ advance notice in writing or by e-mail of scheduled maintenance, not to exceed 24 hours per month.
      2. Queries include or reference any alpha, beta, or other pre-production API object or asset, or objects or assets directly relating to components of alpha, beta, or other pre-production services.
      3. Customer’s breach of any of its agreements with Cherre, or Cherre’s responses thereto.
      4. Customer sustained load is greater than any explicit rate limits as mentioned in the scope of works.
      5. The Customer uses API objects or assets in a way that is not recommended by Cherre.
      6. Queries have not been proven successful over a 72-hour period with at least 25 successful queries.
      7. Query depth, width, and pagination are greater than recommended by Cherre.
Single Source Data Delivery Example
Single Source Data Delivery Examples
Multi Source Data Delivery Example
Single Source Data Delivery Examples
Services & Support

Cherre clients have a dedicated Customer Success Manager as a single point of contact for all day-to-day needs, including initial onboarding, ongoing training, and support throughout the engagement.

Escalation Path

It is generally expected that customers should initially contact their relevant representatives with regard to questions related to data within the suite of products.

In the event that representatives are unable to address their clients’ needs, the following escalation paths are available.

Tier 1 - Client Services
  • Dedicated Client Services Manager at Cherre to address any inbound questions, perform basic troubleshooting, and provide updates on any escalation processes, as required.
Tier 2 - Product Support
  • In case a question or request is highly technical, is primarily related to data coverage, or otherwise requires product and/or development support by Cherre, a Product Manager will be assigned to support the case.
Tier 3 - Engineering Support
  • Cherre will assign a dedicated support and services team to handle any case escalations or product roadmap issues.

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