Terms of Service

Last Updated: April 14, 2025

This Terms of Service Agreement ("Agreement") is entered into between you ("You" or "Your") and Cherry Management LLC ("Company", "we", "us", or "our"), governing your use of our online network monitoring services and tools ("Service" or "Services").

1. Acceptance of the Agreement

By using our Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree with these terms, do not use our Services.

2. Description of Services

We provide network monitoring tools and software for business use, including dashboards, alerts, historical reporting, and analytics. Access to our Services requires an Internet connection and supported devices. You may use the Services for internal business purposes only.

3. Free Trial and Beta Services

You may receive access to certain features on a trial or beta basis. These are provided "as is" without warranties, and may be discontinued at any time. Data from trials may be deleted unless a paid subscription is activated or exported in time.

4. Account Registration

You must provide accurate, current, and complete information when registering for an account. You are responsible for maintaining the confidentiality of your credentials and all activities under your account.

5. Restrictions on Use

You agree not to:

• Transfer, sublicense, or resell the Services
• Disassemble, reverse engineer, or copy the software
• Use the Services to harm, disrupt, or gain      unauthorized access to other systems
• Upload viruses or harmful code
• Violate any applicable laws

6. Fees and Payments

Subscription plans are offered on monthly or annual terms. You authorize us to charge your payment method on a recurring basis until you cancel. Subscription prices are subject to change with advance notice. All fees are non-refundable unless otherwise specified in writing.

7. Data Ownership and Privacy

You retain ownership of all data you enter or generate within the Service. We do not claim ownership but may use your data solely to provide and improve the Service. Our handling of your information is governed by our Privacy Policy (https://cherrymgmt.com/privacy).

8. Termination

You may cancel your account at any time. We may suspend or terminate your access if you violate these Terms or engage in unlawful or harmful behavior. Termination may result in deletion of your data.

9. Service Availability and Support

While we aim for high availability, the Service may experience interruptions due to maintenance or unforeseen circumstances. Technical support is available to paid customers through our designated support channels.

10. Limitation of Liability

Cherry Management LLC is not liable for indirect, incidental, special, or consequential damages, including loss of profits or data. Our maximum liability for any claim related to the Service is limited to the amount paid by you in the preceding twelve months.

11. Indemnification

You agree to indemnify and hold Cherry Management LLC harmless from any claims, liabilities, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Modifications

We may revise this Agreement by posting an updated version with notice to your primary contact. Continued use after changes indicates acceptance. Material changes will be communicated at least 30 days in advance.

13. Governing Law

This Agreement shall be governed by the laws of the State of [Insert State], without regard to its conflict of law principles. Any disputes shall be resolved in the courts of [Insert Jurisdiction].

14. Contact Information

For any questions or legal inquiries, please contact:

Cherry Management LLC
Attn. Legal Department 

2500 E Las Olas Blvd., Fort Lauderdale FL 33301

(754) 223-1315

legal@cherrymgmt.com

15. Data Protection & Regulatory Compliance

Cherry Management LLC is committed to supporting clients in meeting their data protection and compliance obligations, including but not limited to the General Data Protection Regulation (GDPR), the Health Insurance Portability and Accountability Act (HIPAA), and other applicable data privacy and security laws.

We provide tools, system configurations, and security protocols that support the implementation of compliant data handling practices, including but not limited to:

• Data encryption in transit and at rest
• Access controls and role-based permissions
• Audit logs and usage tracking
• Data localization support, where applicable
• User consent and data access tools
• Optional business associate agreements (BAAs) upon request (for HIPAA-regulated clients)

Client Responsibilities: While we provide the infrastructure to support compliance, the customer is responsible for properly configuring their accounts and settings in accordance with relevant laws and regulations applicable to their business. This includes, but is not limited to, managing user access, securing API endpoints, determining data retention policies, and controlling how personal or sensitive information is input into and shared via the Services.

Disclaimer: Cherry Management LLC does not provide legal advice. Clients are responsible for assessing their legal and regulatory requirements and ensuring that their use of the Services complies with applicable law. Upon request, we may enter into data protection agreements, including HIPAA BAAs and GDPR data processing addenda, to further clarify roles and responsibilities.