TERMS & CONDITIONS

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CHEERS VISION

In a world of complexity, Cheers envisions a future where contracts are not just documents, but clear pacts of trust, fairness, and understanding. Our goal is to set the gold standard in contract transparency, ensuring that every agreement is a testament to clarity and mutual respect. 

CHEERS PLATFORM  

Cheers is a Contracts-As-A-Service (CaaS) platform to help businesses to get their contracts done in a safe and professional manner. We provide a set of contracts to standardise the way companies instrument their legal documents, e-signatures, payments, analytics and artificial intelligence to leverage business. These templates are not mandatory, and if you already have your own templates, you’re more than welcome to bring them with you. We will help you with the management, signature, tracking and analytics. 

We know that our vision is a big challenge, but we have worked hard to achieve the first CaaS for businesses, with a legal-business mindset and we are proud to connect them with a handshake. That is Cheers.

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AGREEMENT BETWEEN YOU AND CHEERS  

Fees are public and transparent on our Site. Users can also request bespoke solutions (e.g. onboarding, implementation services and customization) or other services that will be regulated by these terms and the particular agreement, accordingly to the requested business (“Fees”).

“Fees” are exclusive of taxes, levies and duties (“taxes”). Both parties acknowledge and agree that to the extent any services provided by Cheers may be subject to any sales or other applicable tax, User shall pay these taxes, assessable by any jurisdiction, except as specifically delineated below. Customer shall include payment of taxes in its submission of Fees and expenses to Cheers.

Cheers will charge for the CaaS, services requested and maintenance in all cases regardless of the frequency of use. Clients can terminate the subscription at any time and download their portfolio of contracts. Cheers will not, under any condition, provide a copy of all information contained in the CaaS in whole or partially.

Customer agrees to notify Cheers in writing of any changes to the customer’s account information or termination of its authorization at least thirty (30) days prior to the next billing date. In the event payment dates fall on a weekend or holiday, Customer understands that the payments may be executed on the next business day.

Cheers may, without liability to Customer, disable the password, account, and/or access to all or part of the Services if any Fees and applicable taxes are not paid within forty-five (45) days of such Fees and taxes first becoming due and payable under this Agreement. In the event of the foregoing, Cheers shall not be obligated to provide any or all of the Services until such Fees and applicable taxes are paid in full.

SERVICES

Your Services. The scope of your Services is described in your order form, website plan details, invoice, or other mutually agreed document which details the business terms (such as service plan, number of users, usage volume limits, pricing, duration, etc.) of your order (the “Subscription Terms”). Cheers reserves its right from time to time amend/change these services to include new features or remove existing ones for business purposes.

USERS

Users' names and login details cannot be shared or disclosed. You and your authorised users are responsible for the management and administration of any logons and user IDs (and any associated passwords and access privileges) to or for the use of the Services, in accordance with this Agreement and subject to the approval of Cheers. You are responsible for the actions of your authorised Users (if you are the account holder). The account is owned by the Organization for which the account Holder have created the account, and you agree that the organisation owns the account, including its content, and may at any time access, use, control, and disable your account and its content, the organisation will have access to your data contained in the services, and if you do not want to give access to the company of your data, DO NOT USE THE EMAIL GIVEN AND ASSOCIATED TO THE COMPANY ACCOUNT. 

The Customer and all users authorised by the Customer, shall strictly maintain the confidentiality of all such logons, user IDs and passwords, and Customer is solely responsible and liable for all transactions, activities, and other consequences resulting from the use or disclosure of such logons, user IDs and passwords. 

Customer and its Users are responsible for maintaining the security of their accounts, and Customer is fully responsible for all activities, damage and/or misconduct that occur under their account and by their Users. Customer represents and warrants that its Users of the Services will abide by the terms and conditions of this Agreement and Customer acknowledges and agrees that it shall be fully responsible for any User’s breach of this Agreement. To obtain access to the Services, Customer shall provide each User of the Services a unique user ID. 

When registering a User, each User must provide accurate information, and must promptly update all registration information to keep it accurate, current and complete. Only the User associated with a particular user ID may use that user ID to access or use the Services. Customer may deactivate and reallocate logons or user IDs for the Services to different individual Users, as reasonable and necessary, from time to time. 

Customer shall promptly report to Cheers any breach of confidentiality with respect to such logons, user IDs, passwords, or the Service, or any other problem with the Service, of which Customer becomes aware.

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CUSTOMER / ORGANISATION CONTENT OWNERSHIP

“Customer Content”, “Organisation Content”, “Your Content”, means your documents, communications, personal information, and other content you, including your Authorised Users, upload into or use with the Services. Between you and Provider, you own all rights to Your Content. You are responsible for ensuring that Your Content complies with the law.

By no means this is a waiver of any of the property that belongs to Cheers, which will remain property of Cheers. “Cheers Property” means documents, communications, data, including aggregated and anonymized data about the use and performance of the Services, and other content provided by Cheers as part of the Services or as part of Cheers’ business operations. Between you and Cheers, Cheers owns all rights to Cheers Content. All rights not expressly granted in this Agreement are reserved by Cheers. No rights are granted by implication, waiver, or estoppel. 

Your feedback may be received (in any form or way) and your ideas, suggestions or information may be utilised to launch features for Cheers. By this agreement you assign all rights of these feedback, Idea or suggestions to Cheers contract. If such assignment is prohibited by law, you agree to provide an exclusive, transferable, worldwide, royalty-free, fully paid-up licence to Cheers.

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CUSTOMER USE / ORGANISATION CONTENT

Access, Use and Non-Responsibility of Customer Data

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Subject to the terms of this Agreement, Cheers will access, use, and analyse Customer Data exclusively for the purposes of providing, enhancing, and maintaining the Cloud Service, Support, and Professional Services as stipulated under this Agreement (“Use of Customer Data”). This Use of Customer Data encompasses the sharing of Customer Data as instructed by the Customer through the Cloud Service.

It is expressly understood that Cheers’ access and use of Customer Data is geared towards optimising the services provided to the Customer and should not be construed as an assumption of responsibility or liability for the content, quality, or nature of such data or any decisions or actions the Customer may take based on such data.

Cheers will not disclose Customer Data to any third parties, except as allowed under this Agreement or as explicitly directed by the Customer through the Cloud Service. It is underlined that the responsibility and liability for any consequences arising from such directed sharing rest solely with the Customer.

This Clause does not assume the Cheers’ responsibility for any use of the Customer Data beyond the scope defined herein, and the Provider disclaims any and all liability related thereto.

Customer agrees that it will not knowingly upload any User Content that: (i) is unlawful or promotes unlawful activities; (ii) defames, harasses, abuses, threatens and/or incites violence towards any individual and/or group; (iii) is pornographic, discriminatory and/or otherwise victimises and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability; (iv) is spam, is machine-generated or randomly-generated, constitutes unauthorised and/or unsolicited advertising, chain letters, any other form of unauthorised solicitation, and/or any form of lottery and/or gambling; (v) contains and/or installs any viruses, worms, malware, Trojan horses, and/or other content that is designed and/or intended to disrupt, damage and/or limit the functioning of any software, hardware and/or telecommunications equipment and/or to damage or obtain unauthorised access to any data and/or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights; (vii) impersonates any person and/or entity, including any of Cheers’s employees and/or representatives; and/or (viii) violates the privacy of any third party or Cheers employee and/or representative.

Cheers does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content. However, Cheers may, but shall not be obliged to, review, either by manual or automated means, all User Content which is or may be uploaded on this site, and monitor and/or review any areas of this site where Users transmit and/or post communications and/or communicate with each other and/or Cheers (as applicable). Cheers retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User Content, without notification, which breaches this Agreement. Cheers retains the right to cooperate with any law enforcement authorities, or in response to court and other official requests directing that Cheers disclose the identity of anyone posting User Content. 

Customer acknowledges and agrees that Cheers utilises third-party service providers to host and provide the Services and store User Content and the protection of such User Content will be in accordance with that third-party’s safeguards for the protection of the security, confidentiality, and integrity of the User’s data. 

Customer is responsible for properly configuring and using the Services and taking appropriate steps to maintain security, protection and backup of any User Content.

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USE OF CHEER’S SERVICES

Scope and Limitation of Use of Software and Cloud Services

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Cheers Services provided under this Agreement (the "Services") are for use solely by the Client for the Client's own commercial purposes, as expressly permitted by this Agreement and the accompanying documentation. The Client shall not use the Services for any other purpose without the express written consent of Cheers.

The Customer shall not copy, modify, alter, disassemble, reverse engineer, or decompile the Software or any part thereof, or create derivative works based on the Services, in whole or in part, unless expressly permitted by Cheers in writing. This includes any source code or any other proprietary rights related to the Services. The Customer acknowledges and agrees that any unauthorised use, copying or modification of the Services may breach applicable laws, including copyright and intellectual property laws, and may result in civil and criminal penalties.

The Customer agrees not to sublicense, lease, rent, loan, distribute, or otherwise transfer the Services to any third party, without the Provider's express written consent. The Client shall ensure that any authorised third parties agree to abide by and fully comply with the terms of this Agreement on the same terms as applicable to the Client.

The Organisation shall be responsible for all acts and omissions of its users, employees, agents, and third parties who it permits to use the Services, and shall ensure such use complies with the terms of this Agreement.

Breach of this Clause will be considered a material breach of the Agreement, and Cheers reserves the right to terminate the Agreement and pursue all available legal remedies in response to such breach.

CHEERS’ FEES

Fees are public and transparent on our Site. Cheers reserves its right to time to time launch promotions, discounts, discounts codes, or exclusive benefits for business partnerships. Users can also request bespoke solutions (e.g. onboarding, implementation services and customization) or other services that will be regulated by separate terms and the particular agreement, and these T&C will also apply, unless there is any contradiction with that particular agreement.

“Fees” are exclusive of taxes, levies and duties (“taxes”). Both parties acknowledge and agree that to the extent any services provided by Cheers may be subject to any sales or other applicable tax, User shall pay these taxes, assessable by any jurisdiction, except as specifically delineated below. Customers shall include payment of taxes in its submission of Fees and expenses to Cheers.

Cheers will charge for the CaaS (access to platform), services requested and maintenance in all cases regardless of the frequency of use. Clients can terminate the subscription at any time and download their portfolio of signed contracts. Customer data will automatically be deleted after 60 days after the cancellations of the services, or membership stops due lack of payment or termination of period.  Cheers will not, under any condition, provide a copy of all information contained in the CaaS in whole or partially.

Customer agrees to notify Cheers in writing of any changes to the customer’s account information or termination of its authorization at least thirty (30) days prior to the next billing date. In the event payment dates fall on a weekend or holiday, Customer understands that the payments may be executed on the next business day.

Cheers may, without liability to Customer, disable the password, account, and/or access to all or part of the Services if any Fees and applicable taxes are not paid within forty-five (45) days of such Fees and taxes first becoming due and payable under this Agreement. In the event of the foregoing, Cheers shall not be obligated to provide any or all of the Services until such Fees and applicable taxes are paid in full. 

BETA USAGE, SUPPORT, AND SERVICE LEVEL AGREEMENT

Beta Usage. The Customer acknowledges and agrees that they are using Cheers’ Cloud Service as a beta user. The Provider does not guarantee continuous, uninterrupted, or stable access to the Cloud Service, and is not responsible for any issues, interruptions, or downtime that may occur during the usage of the Cloud Service.

Support. Subject to the beta user understanding as stated in above, Cheers will offer Support for the Cloud Service as agreed. In the absence of a specific Support Policy, the Provider will offer Support in line with industry standards and its established business practices.

Service Level Agreement (SLA). The Provider will strive to follow the Service Level Agreement (SLA) specified on the Cover Page. If no SLA is provided, the Provider will make commercially reasonable efforts to ensure the Cloud Service is available to the Client at least 80% of the time each month, which is considered acceptable service provision under these beta testing conditions.

Compensation for Downtime. In the event that the Provider does not meet the 80% service availability commitment as stated in Clause 7.3, the Provider agrees to compensate the Client by extending the Client's membership period proportionately, at no extra cost to the Client, to account for the time during which the service was not available.

PROMOTION AND MARKETING CONTENT

Any descriptions or representations of services, products, locations, or any other similar content provided by Cheers, including but not limited to advertising material published or issued by the Cheers, are purely for identification purposes. These descriptions or representations do not constitute an entitlement or right that the recipient can claim.

Cheers may, in certain instances, reproduce information obtained from third parties. The Company expressly disclaims all responsibility and liability for the accuracy, reliability, or completeness of such third-party information. The recipient acknowledges and agrees to use such information at their own risk, and that the Company shall not be held accountable for any misleading or incorrect information contained therein.

The Company retains the right, at its sole discretion, to amend, modify, or update any provided information at any time without prior notice. This includes, but is not limited to, content distributed through podcasts, newsletters, advertising materials, and meetups.

The Company shall bear no responsibility or liability for any misinterpretation, misunderstanding, or damages resulting from changes to the provided information or the use of potentially misleading or inaccurate third-party information.

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DATA PROTECTION AND PUBLICITY

By using Cheers platform and services, you agree that any personal information provided by you, may be held and used only by the Company and/or its suppliers to administer the services; only for legitimate use, or as otherwise set out in the Company’s Privacy Policy.

To the fullest extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from the Client's access to or use of, or inability to access or use, the Services.

Notwithstanding any damages that the Client might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of the Provider and any of its suppliers under any provision of this Agreement and the Client's exclusive remedy hereunder shall be limited to the actual amount paid by the Client for the Services during the twelve (12) months preceding the event giving rise to such liability.

The limitations, exclusions and disclaimers in this Clause and elsewhere in this Agreement apply to the maximum extent permitted by applicable law and are not intended to deprive the Client of any mandatory protections provided to the Client under applicable law.

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INTELLECTUAL PROPERTY RIGHTS

Cheers information, data, software, photos, graphics and other materials protected by copyright, trademark or other proprietary rights are of exclusive property of Cheers, its use is strictly forbidden unless authorised in writing.

The content of any Cheer’s material cannot be reproduced, republished, distributed, transmitted, displayed, broadcasted or exploited in any manner without the express prior written consent of Cheers.

All intellectual property rights with regards to these materials offered and available by any means,are the property of Cheers.

All intellectual property rights relating to the Website, Cloud Services, software, text, photographs, images and/or sounds are owned by us and/or the person from whom we have obtained a licence remain property of Cheers unless agreed otherwise in writing.

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NO LEGAL ADVICE; ELECTRONIC COMMUNICATION

Absence of Legal Advice and Electronic Communications

Cheers is a provider of contract management services and does not engage in the agreements between the Client and other users or recipients facilitated by these services. The Company is not a law firm and does not, under any circumstances, provide legal advice or recommendations. While part of the Services may involve the creation or management of contracts or other legal relations, and the Company endeavours to ensure the information it provides is accurate and useful, the Company strongly recommends the Client to seek consultation from a qualified legal advisor if is needed.

The choice and utilisation of any templates provided by the Company, including the signing of any contracts or agreements made through the use of these templates, falls entirely under the responsibility of the Client. The Company expressly disclaims any liability or responsibility arising from such use.

By using the Services, the Client agrees to receive communications related to the Services. The communications between the Client and the Company will predominantly be electronic, whether the Client uses the Services or sends emails to the Company, or the Company posts notices on the Services or communicates with the Client via email.

For contractual purposes, the Client: (i) consents to receive communications from the Company in an electronic form; and (ii) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to the Client electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing. This does not affect the Client’s non-waivable rights.

CONFIDENTIALITY

“Confidential Information” means any non-public data, information and other materials regarding the products, software, services, customer list, or business of a party (and/or, if either party is bound to protect the confidentiality of any third party’s information, of a third party) provided to the other party where such information is marked or otherwise communicated as being “proprietary” or “confidential” or the like, or where such information should, by its nature, be reasonably understood to be confidential and/or proprietary. Without limiting the foregoing, the Software and any performance data, benchmark results, and technical information relating thereto, the Documentation, Cheers’ pricing information and the terms and conditions of this Agreement (but not its existence) shall be deemed the Confidential Information of Cheers. The party disclosing Confidential Information shall be referred to herein as the “Disclosing Party” and the party receiving Confidential Information shall be referred to herein as the “Receiving Party.”

Notwithstanding the foregoing, Confidential Information shall not include information which: i. is already or becomes known to the Receiving Party (defined below) prior to disclosure by the Disclosing Party or independently of the Receiving Party’s knowledge of the Confidential Information and is not subject to an obligation of confidentiality; ii. is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; iii. is rightfully obtained by the Receiving Party without breach of this Agreement and/or from a third party without restriction as to disclosure, or is approved for release by written authorization of the Disclosing Party; or iv. was lawfully and demonstrably in the possession of the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

The Receiving Party agrees not to use or disclose the Confidential Information, and may disclose the Confidential Information only as necessary and appropriate to perform its obligations hereunder and to receive the benefit of the Services in accordance with this Agreement to its officers, directors, employees, agents, affiliates, and subcontractors (and their employees) (collectively “Representatives”) who have a need to know such Confidential Information solely in connection with this Agreement. 

The Receiving Party will cause such Representatives to comply with this Agreement and will assume full responsibility for any failure to comply with the terms of this Agreement. The Receiving Party will not transfer or disclose any Confidential Information to any third party without the Disclosing Party’s prior written consent and without such third party having a contractual obligation (consistent with this Section) to protect and keep such Confidential Information confidential. The Receiving Party will not use any Confidential Information for any purpose other than to perform its obligations under this Agreement. 

The Receiving Party agrees to treat all Confidential Information of the Disclosing Party in the same manner as it treats its own similar proprietary information, but in no case will the degree of care be less than reasonable care.

If the Receiving Party is requested or required to disclose any of the Disclosing Party’s Confidential Information under a subpoena, court order, statute, law, rule, regulation or another similar requirement (a “Legal Requirement”), the Receiving Party will, if lawfully permitted to do so, provide prompt notice of such Legal Requirement to the Disclosing Party so that the Disclosing Party may seek an appropriate protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If the Disclosing Party is not successful in obtaining a protective order or other appropriate remedy and the Receiving Party is legally compelled to disclose such Confidential Information, or if the Disclosing Party waives compliance with the provisions of this Agreement in writing, the Receiving Party may disclose, without liability hereunder, such Confidential Information solely to the extent necessary to comply with the Legal Requirement.

Upon termination or expiration of this Agreement and upon the Disclosing Party’s written request, the Receiving Party will return to the Disclosing Party all copies of Confidential Information already in the Receiving Party’s possession or within its control. Notwithstanding the foregoing, the Receiving Party shall be entitled to keep copies of any records it is required to retain by law or regulation, and/or copies retained as part of the Receiving Party’s backup or record retention process, such as this Agreement, the proposal, and due diligence information provided by the Disclosing Party, which shall remain subject to the confidentiality terms set forth herein. Alternatively, with Disclosing Party’s prior written consent, the Receiving Party may destroy such Confidential Information; provided that the Confidential Information is: (i) destroyed in accordance with applicable law, rule or regulation; and (ii) is rendered unreadable, undecipherable and otherwise incapable of reconstruction, in which case an officer of the Receiving Party will certify in writing to the Disclosing Party that all such Confidential Information has been so destroyed. The obligations with respect to Confidential Information, as set forth in this Section, shall continue in force and effect for a period of five (5) years after termination or expiration of this Agreement. Notwithstanding the foregoing, Confidential Information that constitutes a trade secret of the Disclosing Party will be subject to the terms of this Agreement for as long as such information remains a trade secret under applicable law.

Each party acknowledges that a breach of this Section may result in irreparable and continuing damage to the Disclosing Party for which monetary damages may not be sufficient, and each party agrees that the Disclosing Party will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction. The terms of this Section shall survive the expiration or termination of this Agreement.‍

TERM AND TERMINATION

Subscription Term: Upon subscribing to any plan agreed with Cheers, the User agrees to an initial term as detailed in the specific order, agreement or plan chosen. Unless otherwise indicated in the plan or by the User, all subscriptions are set for automatic renewal.

Automatic Renewal: At the end of the initial term, the subscription will be automatically renewed for an additional term of similar length, and charges will be applied to the User's payment method on file. The User will be notified at least seven days before any automatic renewal, providing an option to cancel or modify the subscription. If the User does not act on this notification, the renewal will proceed as described.

Intellectual Property and Confidentiality: The proprietary content, tools, and features of Cheers remain the intellectual property of Cheers Contracts at all time, protected under applicable intellectual property laws. Any confidential information shared by the user or accessed on our platform is safeguarded with utmost care. The obligation to protect any confidential information obtained during the course of the subscription shall extend for a period of five years post the end of the subscription term or any renewal thereof.

Termination and Cancellation: Users may choose to terminate or cancel their subscription at any time. Upon termination, no future renewals will take place. However, fees for the existing term (whether initial or renewal) are non-refundable unless otherwise stated in our cancellation and refund policy.

Changes to Subscription Terms: Cheers reserves the right to amend, modify, or update these terms at any time. Subscribers will be informed of any significant changes prior to their implementation.

DISCLAIMER

The information by Cheers in any means and any forms, is for general information purposes only. Cheers aims to keep the information up-to-date. The Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event, we will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the use of this website.

Cheers reserves the right to amend these terms and conditions from time to time. The latest version of these terms and conditions will be available on the Website.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Cheers shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from the Client's access to or use of, or inability to access or use, the Services.

Notwithstanding any damages that the Client might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of the Provider and any of its suppliers under any provision of this Agreement and the Client's exclusive remedy hereunder shall be limited to the actual amount paid by the Client for the Services during the twelve (12) months preceding the event giving rise to such liability.

The limitations, exclusions and disclaimers in this Clause and elsewhere in this Agreement apply to the maximum extent permitted by applicable law and are not intended to deprive the Client of any mandatory protections provided to the Client under applicable law.

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LAW AND JURISDICTION

Litigation should be a last resort. Before any legal suit action or proceeding arising out of or relating to these Terms or Agreements from the Client, User or Customer an alternative method of resolution should be put in place, accordingly with Cheers guidances. In absence of any guidance, the Customer should provide with previous 30 days written notice to allow Cheers contract to provide a solution and reach an amicable outcome. This Tems and all related actions shall be governed by the laws of England and Wales and any legal suit action or proceeding arising out of, or relating to this Agreement shall be commenced in a court of competent jurisdiction, located within the same jurisdiction; and each party irrevocably submits to the personal jurisdiction and venue of such court in any suit, action or proceeding. 

The use of the Services may be governed by the laws of different countries or regions, and Customer agrees to abide by such local laws. Customer agrees that Customer’s use of any electronic signatures will be as valid as any manual signatures if authorised by local law, and Customer, not Cheers, will ensure that Customer’s use of electronic signatures is in conformance with local laws and regulations.

CONTACT US

If you have any questions about this Agreement and any part of their terms, You can contact us by visiting our website at cheerscontracts.com or by email at info@cheerscontracts.com we will love to hear from You.

Thank you for choosing us, 

The Cheers team

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