Terms of Service

1.Agreement and acceptance

These terms are a binding agreement between you and us. You accept them in two ways: by tapping I agree in the app when you sign in with Google (we keep a record of the version of the terms you accepted, the date and time, and the app version, as described in the Privacy Policy), and by installing or using the app. If you do not agree, do not install or use the app, and cancel any subscription you started.

You confirm that you are at least 18 years old, that you can enter into a binding contract, and that you are legally allowed to drive for the platforms you use. If we make a material change to these terms, you will be asked in the app to accept the new version before you continue.

2.The service

CherrySpotter is an Android app that shows the Cherry card, an on-screen card with figures such as dollars per mile, dollars per hour, pickup minutes and the drop-off place for ride offers. The Drop-off places (your Places to avoid and Preferred places, shown in the Drop-off box) run on our own address server. Some features, such as Direction & ETA, are in beta: they are still being tested, may change, may be limited or offered only through paid credits (how that would work and what it would cost has not been decided), and may stop working or be removed at any time. Whatever happens to a beta feature, the core of the app, the on-screen card with your numbers and limits, is not affected. It is intended for licensed drivers who are at least 18 years old and are legally allowed to work on the platforms they use.

3.User responsibility and safe use

You are the driver. The app provides information, and you make every decision. Do not interact with the app or your phone while the vehicle is in motion unless it is safe and legal to do so. Follow all traffic, distracted-driving, and phone-use laws where you drive.

We are not responsible for your acceptance rates, your standing on rideshare platforms, your earnings, or your driving safety.

4.Uber, Lyft, and other platforms

CherrySpotter is an independent product. It is not affiliated with, endorsed by, or sponsored by Uber, Lyft, or any other platform, and their names and marks belong to their owners.

5.License and device binding

We grant you a personal, limited, non-exclusive, non-transferable license to use the app. Your license belongs to the Google account you sign in with in the app, and is tied to one Android device at a time (we keep only a one-way hash of its device identifier). There are no license keys to keep or enter. One license equals one active device. A license that is active on one phone cannot be used on another until it is given back. To move to a new phone, tap Sign out in the app on the old phone (that gives the license back) and sign in on the new one, or, if you no longer have the old phone, email support@cherrypickerapp.com and we will deactivate it. To prevent sharing, a license can be put on only a limited number of different phones (currently 3 in any 30 days), and each device can use a free trial once and each person (Google account or email address) can hold one unpaid free trial at a time. You may not share your account or resell or rent your license. The app checks your license online from time to time; if your phone is offline it keeps working for up to 72 hours after the last successful check.

6.Free trial, subscription, and billing

• Price. The subscription costs $2.99 per month (US dollars), plus any sales tax or VAT shown at checkout, and renews automatically every month until you cancel. The price is shown before you pay, on this website and on the Stripe checkout page.
• 14-day free trial. New customers start with a 14-day free trial. No credit card is required to start. Before the trial ends you can add payment details from Manage subscription in the app (Stripe may also email you a reminder). If you do not, the trial ends and your access pauses; you can add payment details later to resume with the same license.
• One free trial per person and per phone. A free trial is limited to one unpaid free trial per person at a time (Google accounts and email addresses that reach the same mailbox, such as name+tag@gmail.com, count as one) and one per phone, and must be started from the main Android profile of the phone, not from Dual Messenger, Secure Folder, a work profile or another user. At most 5 new free trials can start from one internet connection in a day. Once your first license has been paid for you may buy another, which starts its own free trial. If a trial cannot start, the app tells you why. We may refuse or end free trials that appear to be abused.
• Auto-renewal. Once you add a payment method, the subscription renews monthly until you cancel.
• Price changes. We may change the price of the subscription in the future. A new price applies only to renewals that begin at least 30 days after we tell you about it (in the app, on this website, or by email through Stripe), so you can cancel first. If you do not cancel before the new price takes effect, you accept it from your next renewal. Until then the price you agreed to stays in force. Applicable taxes may also change when tax rules change.
• Failed payments. If a renewal payment fails, Stripe may try again. The app keeps working for a short grace period (about 3 days); after that your access ends until a payment succeeds.
• Payments. Payments are processed by Stripe through its Managed Payments service. Link is the merchant of record and appears as the seller (“Sold through Link”) on your receipts and card statement. Link handles sales tax and VAT, receipts, and refunds. We never see or store your card details.
• Your right to cancel. You may cancel at any time, for any reason, and without a fee. Cancel from Manage subscription in the app (it opens a secure Stripe page for your account); you never need to email or call us. A free trial that you cancel ends right away. A paid subscription that you cancel is not renewed and keeps working until the end of the period you already paid for. We will not make canceling harder than signing up.
• Refunds. If you are not satisfied, email support@cherrypickerapp.com within 7 days of your first payment and we will refund that payment in full. Billing mistakes are corrected and refunded. We do not refund the part of a month that has already started. When a payment is refunded or charged back, the license it paid for ends. The full text is in the refund and cancellation policy.
• Taxes. Applicable sales tax or VAT is calculated at checkout by Link.

7.Android permissions and your consent

The app needs several Android permissions to work, including Accessibility, display over other apps, usage access, location, screen capture, and notifications. By granting them you consent to the app using them as described in the Privacy Policy. You can revoke any permission at any time, though some features will stop working.

8.Estimates and accuracy

The app provides mathematical estimates based on what is shown on your screen, your settings, and third-party map data. Maps, routes, and ETAs can be wrong, and the platform’s final payout, distance, and time are what count. We do not guarantee accuracy, specific earnings, or any particular income level. Figures such as the realistic offer use a cost per mile that you enter, so they are estimates and not your actual costs or earnings. Address search uses map data © OpenStreetMap contributors (openstreetmap.org/copyright).

9.Acceptable use

You agree not to:

• reverse engineer, decompile, modify, or tamper with the app or its licensing;
• bypass, share, or resell licenses, or use the app on more devices than your license allows;
• use the app to build automation that accepts or declines trips, or to harass, discriminate against, or endanger riders or others; or
• use the app in violation of any law or platform rule.

10.Ownership

CherrySpotter, including its software, design, name, and logo, belongs to us and is protected by law. You own the content you create, such as your screenshots and settings. All rights not expressly granted to you are reserved.

11.Disclaimer of warranties

The app is provided “as is” and “as available.” To the fullest extent allowed by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation. Changes to Android, to Uber or Lyft’s apps, or to third-party services may affect how the app works.

12.Limitation of liability

To the fullest extent allowed by law, we are not liable for indirect, incidental, special, or consequential damages, or for lost income, lost trips, account actions by a platform, accidents, or injuries arising from your use of the app. Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim. Some places do not allow these limits, so they may not apply to you in full.

You agree to indemnify us against claims arising from your misuse of the app or your violation of these terms or of any law.

13.Termination

You may stop using the app at any time by canceling your subscription and uninstalling it. We may suspend or end your license if you violate these terms, abuse the licensing system, or use the app unlawfully. If we end your license without any violation on your part, we will refund the part of the period you paid for and did not use. When your license ends, your right to use the app ends; the sections that by their nature should continue (such as ownership, disclaimers, limitation of liability and governing law) continue.

14.Changes and contact

We may add, change or remove features, and we may stop offering the app. Changing, limiting, charging separately for (for example through paid credits, which have not been decided), or removing a beta feature does not change or remove the core of the app, the on-screen card with your numbers and limits. Where practical we will give you notice in the app or by email, and if we stop the service we will refund the unused part of any period you already paid for. We may also update these terms. When we do, we will change the “Last updated” date above; if the change is material we will also ask you to accept the new version in the app, and if you do not agree you can cancel and stop using the app. Continued use of the app after a change takes effect means you accept the updated terms. Questions? Email support@cherrypickerapp.com.

15.General

• Electronic communications. We communicate with you in the app, on this website and by email (including through Stripe for receipts and payment notices). You agree to receive them electronically.
• Please talk to us first. If you have a problem, email support@cherrypickerapp.com and give us 30 days to try to fix it before you start a legal claim.
• Your legal rights. Nothing in these terms limits any right you have by law that cannot be waived by contract, including consumer rights where you live.
• If part of these terms does not apply. If a part of these terms is found unenforceable, the rest stays in effect. Not enforcing a part right away does not give up our right to enforce it later.
• Whole agreement; transfers. These terms, the Privacy Policy and the refund policy are the whole agreement between you and us about the app. You may not transfer your rights to anyone else; we may transfer ours as part of a sale of the business.

16.Who we are and governing law

CherrySpotter is owned and operated by Robert Antonio Giambalvo Daniella, a sole proprietor. “We”, “us” and “our” in these terms mean Robert Antonio Giambalvo Daniella doing business as CherrySpotter. You can reach us at support@cherrypickerapp.com.

These terms, and any dispute about them or about the app, are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-law rules. The state and federal courts located in New Jersey have exclusive jurisdiction, except where the law of the place where you live gives you rights that cannot be waived by contract.