Terms & Conditions

CheerThemUp Terms & Privacy Policy
CheerThemUp is designed to never collect or store any sensitive information. CheerThemUp
messages and calls cannot be accessed by us or other third parties because they are always
end-to-end encrypted, private, and secure. Our Terms of Service and Privacy Policy are
available below.


Terms of Service
CheerThemUp is the sub-division of Mcleod Studios Namibia CC. (“CheerThemUp”) utilizes
state-of-the-art security and end-to-end encryption to provide private messaging, and other
services to users worldwide. You agree to our Terms of Service (“Terms”) by installing or
using our apps, services, or website (together, “Services”).


About our services


Minimum Age. You must be at least 13 years old to use our Services. The minimum age to
use our Services without parental approval may be higher in your home country.


Account Registration. To create an account, you must register for our Services using your
phone number. You agree to receive text messages and phone calls (from us or our third-
party providers) with verification codes to register for our Services.


Privacy of user data. Signal does not sell, rent, or monetize your personal data or content in
any way – ever.


Please read our Privacy Policy to understand how we safeguard the information you provide
when using our Services. For the purpose, of operating our Services, you agree to our data
practices as described in our Privacy Policy, as well as the transfer of your encrypted
information and metadata to the United States and other countries where we have or use
facilities, service providers or partners. Examples would be Third Party Providers sending
you a verification code and processing your support tickets.


Software. In order, to enable new features and enhanced functionality, you consent to
downloading and installing updates to our Services.


Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated
with the devices on which you use our Services.


Using CheerThemUp


Our Terms and Policies. You must use our Services according to our Terms and posted
policies. If we disable your account for a violation of our Terms, you will not create another
account without our permission.

Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and
acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a)
violate or infringe the rights of CheerThemUp, our users, or others, including privacy,
publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or
impermissible communications such as bulk messaging, auto-messaging, and auto-dialling.


Harm to CheerThemUp. You must not (or assist others to) access, use, modify, distribute,
transfer, or exploit our Services in unauthorized manners, or in ways that harm
CheerThemUp, our Services, or systems. For example, you must not (a) gain or try to gain
unauthorized access to our Services or systems; (b) disrupt the integrity or performance of
our Services; (c) create accounts for our Services through unauthorized or automated means;
(d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge
for our Services.


Keeping Your Account Secure. Signal embraces privacy by design and does not have the
ability to access your messages. You are responsible for keeping your device and your Signal
account safe and secure. If you lose your phone, follow the steps on our Support site to re-
register for our Services. When you register with a new device, your old device will stop
receiving all messages and calls.


No Access to Emergency Services. Our Services do not provide access to emergency service
providers like the police, fire department, hospitals, or other public safety organizations.
Make sure you can contact emergency service providers through a mobile, fixed-line
telephone, or other service.


Third-party services. Our Services may allow you to access, use, or interact with third-party
websites, apps, content, and other products and services. When you use third-party services,
their terms and privacy policies govern your use of those services.


Your Rights and License with CheerThemUp


Your Rights. You own the information you submit through our Services. You must have the
rights to the phone number you use to sign up for your CheerThemUp account.


CheerThemUp’s Rights. We own all copyrights, trademarks, domains, logos, trade dress,
trade secrets, patents, and other intellectual property rights associated with our Services. You
may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other
intellectual property rights unless you have our written permission. To report copyright,
trademark, or other intellectual property infringement, please
contact cheerthemup@mcleodstudiosnamibia.com.


CheerThemUp’s License to You. CheerThemUp grants you a limited, revocable, non-
exclusive, and non-transferable license to use our Services in accordance with these Terms.

Disclaimers and Limitations


Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO
THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS”
BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM
COMPUTER VIRUS OR OTHER HARMFUL CODE. CHEERTHEMUP DOES NOT
WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE,
COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-
FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT
DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE
NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR
SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION
(INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU
RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS,
AND AGENTS (TOGETHER, “CHEERTHEMUP PARTIES”) FROM ANY CLAIM,
COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER,
“CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING
OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE
AGAINST ANY THIRD PARTIES.


Limitation of liability. THE CHEERTHEMUP PARTIES WILL NOT BE LIABLE TO
YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE,
INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN
ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF
THE CHEERTHEMUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF,
OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES
WILL NOT EXCEED ONE HUNDRED DOLLARS (U$100). THE FOREGOING
DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE
LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE
EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH
CASES, THE LIABILITY OF THE CHEERTHEMUP PARTIES WILL BE LIMITED TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


Availability of Our Services. Our Services may be interrupted, including for maintenance,
upgrades, or network or equipment failures. We may discontinue some or all, of our Services,
including certain features and the support for certain devices and platforms, at any time.

Resolving Disputes and Ending Terms


Resolving disputes. You agree to resolve any Claim you have with us relating to or arising
out of our Terms, us, or our Services exclusively in the United States District Court for the
Northern District of California or a state court in San Mateo County, California. You also
agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such
disputes. The laws of the State of California govern our Terms, as well as any disputes,
whether in court or arbitration, which might arise between Signal and you, without regard to
conflict of law provisions.


Ending these Terms. You may end these Terms with CheerThemUp at any time by deleting
CheerThemUp from your device and discontinuing use of our Services. We may modify,
suspend, or terminate your access to or use of our Services anytime for any reason, such as if
you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for
CheerThemUp. The following provisions will survive termination of your relationship with
CheerThemUp: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,”
“Availability” and “Ending these Terms,” and “General”.


General


CheerThemUp may update the Terms from time to time. When we update our Terms, we will
update the “Last Modified” date associated with the updated Terms. Your continued use of
our Services confirms your acceptance of our updated Terms and supersedes any prior Terms.
You will comply with all applicable export control and trade sanctions laws. Our Terms
cover the entire agreement between you and CheerThemUp regarding our Services. If you do
not agree with our Terms, you should stop using our Services.


If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them.
If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall
be deemed severable from our Terms and shall not affect the enforceability of the remaining
provisions. Our Services are not intended for distribution to or use in any country where such
distribution or use would violate local law or would subject us to any regulations in another
country. We reserve the right to limit our Services in any country. If you have specific
questions about these Terms, please contact us at cheerthemup@mcleodstudiosnamibia.com.

Privacy Policy


CheerThemUp utilizes state-of-the-art security and end-to-end encryption to provide private
messaging and Internet calling services to users worldwide (“Services”). Your messages are
always encrypted, so they can never be shared or viewed by anyone but yourself and the
intended recipients.

Information you provide
Account Information. You register a phone number when you create a CheerThemUp
account. Phone numbers are used to provide our Services to you and other CheerThemUp
users. You may optionally add other information to your account, such as a profile name and
profile picture. This information is end-to-end encrypted.


Messages. CheerThemUp cannot decrypt or otherwise access the content of your messages.
CheerThemUp queues end-to-end encrypted messages on its servers for delivery to devices
that are temporarily offline (e.g. a phone whose battery has died). Your message history is
stored on your own devices.


Additional technical information is stored on our servers, including randomly generated
authentication tokens, keys, push tokens, and other material that is necessary to transmit
messages. CheerThemUp limits this additional technical information to the minimum
required to operate the Services.


Contacts. CheerThemUp can optionally discover which contacts in your address book are
CheerThemUp users, using a service designed to protect the privacy of your contacts.
Information from the contacts on your device may be cryptographically hashed and
transmitted to the server in order, to determine which of your contacts are registered.
User Support. If you contact CheerThemUp User Support, any personal data you may share
with us is kept only for the purposes of researching the issue and contacting you about your
case.


Managing your information. You can manage your personal information in
CheerThemUp’s application Settings. For example, you can update your profile information
or choose to enable additional privacy features like a Registration Lock PIN.


Information we may share
Third Parties. We work with third parties to provide some of our Services. For example, our
Third-Party Providers send a verification code to your phone number when you register for
our Services. These providers are bound by their Privacy Policies to safeguard that
information. If you use other Third-Party Services like YouTube, Spotify, Giphy, etc. in
connection with our Services, their Terms and Privacy Policies govern your use of those
services.


Other instances where CheerThemUp may need to share your data

  • To meet any applicable law, regulation, legal process, or enforceable governmental request.

  • To enforce applicable Terms, including investigation of potential violations.

  • To detect, prevent, or otherwise address fraud, security, or technical issues.

  • To protect against harm to the rights, property, or safety of CheerThemUp, our users, or the public as required or permitted by law.

Updates
We will update this privacy policy as needed so that it is current, accurate, and as clear as
possible. Your continued use of our Services confirms your acceptance of our updated Privacy Policy.


Terms
Please also read our Terms which also governs the terms of this Privacy Policy.


Contact Us
If you have questions about our Privacy Policy, please contact us at CheerThemUp. Attn:
Privacy CheerThemUp, P O Box 2052, Swakopmund, Namibia, Africa.


Effective as of September 25, 2021


Updated September 25, 2021