Terms of Service

1. Introduction

Through memorial profiles, personal stories, photographs, voice recordings, remembrance timelines, remembrance cards, daily historical tributes and shared Family Circles, Cherishly helps you keep precious memories alive across generations. Please read these Terms carefully before using the Service.

2. Eligibility

To use Cherishly, you must meet the following requirements:

• You are at least 13 years of age (or the minimum age of digital consent in your jurisdiction, such as 16 in certain European territories).
• You have the legal capacity to enter into a binding contract under applicable law.
• You will use the Service in full compliance with all applicable local, national and international laws, regulations and community standards.
• Any registration or account information you provide is accurate, current and truthful.

If you use Cherishly on behalf of a family, organisation or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Accounts and authentication

Cherishly is built with a privacy-first, local-first foundation. You may use Cherishly with or without a cloud-backed account:

• Guest Mode (offline & local): You may use Cherishly locally on your device without registering an account. All profiles, photos, voice notes and reminders remain entirely on your device, and no account credentials are collected.
• Apple Sign In: You may authenticate with your Apple ID. If you choose Apple's “Hide My Email” (Private Relay) feature, your personal email address is never shared with us.
• Google Sign In: You may sign in with your Google account to synchronise your profile and access cloud features.
• Email Sign In: You may register with an email address and password. Email accounts are subject to verification to confirm ownership.

Account responsibility: You are responsible for safeguarding your login credentials and the security of your device (such as Face ID, Touch ID or a device passcode). Notify us immediately at support@cherishlyapp.com if you suspect unauthorised access to your account.

4. Your content & ownership

We respect the deeply personal nature of the memories you entrust to Cherishly. You retain full ownership of, and all intellectual property rights in, all content you create, submit or upload to Cherishly (“User Content”), including memorial and tribute profiles, photographs and albums, voice recordings, stories, milestones and notes, and custom remembrance cards.

Limited licence to Cherishly: You grant Cherishly a non-exclusive, royalty-free, worldwide, limited licence solely to store, process, transcode, back up, transmit, sync and display your User Content strictly as necessary to operate and provide the Service to you and your invited Family Circle members.

Your responsibility: You are solely responsible for your User Content. You represent that you have all necessary rights, licences, consents and permissions to submit it without infringing the intellectual property, privacy or publicity rights of any third party.

5. Memorial content & community standards

Cherishly is a compassionate space for honouring lives and comforting bereaved families. We expect all users to maintain respect, empathy and dignity. When creating memorial profiles or uploading content about deceased or living individuals, you agree that:

• You have appropriate family permission or authority to memorialise the individual and share their photographs, recordings or personal history.
• Content is respectful, accurate and free of malicious misrepresentation, harassment, hate speech, defamation or obscenity.
• You will not upload unlawful, harmful, sexually explicit, abusive or copyright-infringing material.
• You will not use the platform to harass, disparage, stalk or inflict emotional distress on living individuals or family members.

Cherishly reserves the right (but assumes no general obligation) to review, refuse, restrict or remove any User Content, or suspend accounts, that violate these standards or applicable law.

6. Family Circle & collaboration

• Circle creation: Users on the Premium tier may create one (1) Family Circle and act as the Circle Owner.
• Member invitations: The Circle Owner can generate invitation links and codes to invite up to five (5) family members (six active seats including the owner).
• Eligible members: Users on the Free tier (via invitation) and users on the Premium tier may join an existing Family Circle. The Basic and Lite tiers are standalone personal archives and do not host or join shared Circles.
• Shared content visibility: Profiles, photos, notes and voice recordings published to or created within a Family Circle become visible to all active members of that Circle.
• Circle management & succession: The Circle Owner manages invitations, membership and shared publishing. Circle ownership may be transferred to an eligible active member during the account deletion workflow.
• Circle independence: Each Family Circle is an isolated workspace. Content in one Circle is never shared with or accessible to members of another.

7. Subscription plans & product tiers

Cherishly offers four product tiers. Paid offerings are one-time lifetime purchases, not recurring subscriptions, granting access for the operational lifetime of the application without recurring billing.

*Cloud backup and sync require signing into an authenticated Cherishly account (Apple, Google or Email). In Guest Mode, data remains strictly on-device.

Entitlements & cross-platform scope: All paid upgrades are processed through Apple App Store or Google Play in-app purchases and validated via RevenueCat. Cross-platform entitlement recognition requires signing into the same Cherishly account; native store restore actions follow each store's receipt policies. Tier limits reflect the parameters in effect at the time of purchase.

8. Purchases, billing and refunds

All financial transactions and in-app purchases are conducted directly by Apple Inc. or Google LLC under their respective terms and billing rules.

• Payment processing: Cherishly does not collect, process or store your card numbers, bank details or payment credentials.
• Taxes & pricing: Applicable taxes, exchange rates and store fees are determined and collected by Apple or Google at checkout.
• Refunds: Because transactions are executed by the store operators, Cherishly cannot directly issue refunds or reverse store charges. Refund requests follow the policy of the platform used: on iOS via Apple's Report a Problem; on Android via Google Play Help.

Lifetime & non-consumable purchase disclaimer

• Restore purchases: A lifetime purchase can be restored on a new device, after reinstalling, or when switching platforms (where applicable), using the in-app “Restore Purchases” function, provided you are signed into the same store account used at purchase.
• Right to terminate service: In unforeseen circumstances — including regulatory changes, force majeure, critical security vulnerabilities or unsustainable operating conditions — the developer may wind down the service, with reasonable advance notice to users where possible.
• Data portability on termination: On a planned shutdown, the developer will make reasonable efforts to let users export their profiles, photos, voice recordings and notes to an archive for local safekeeping, subject to the absence of technical corruption at the time of export. The app already provides export functionality, which users are encouraged to use regularly.
• No liability for termination: Cherishly is not liable for damages arising from service termination in unforeseen circumstances, provided reasonable notice and export assistance (where feasible) are offered. Refund eligibility remains subject to Apple or Google policies.

9. Cloud storage, backups and data portability

Cherishly uses a local-first design with optional secure cloud infrastructure (Google Cloud Firebase, asia-southeast1):

• Local-only storage (Free & Basic): Content resides within your device's sandboxed storage. If you uninstall the app, reset your device or lose your hardware without a manual export, your data cannot be retrieved by Cherishly.
• Cloud backup & sync (Lite & Premium): When signed in, your profiles, metadata, photos and voice notes are synced and encrypted in transit (TLS) and at rest. Personal tiers use on-demand cloud hydration; Family Circles use live collaborative synchronisation.
• Offline operation: Changes made offline are saved locally and queued to sync when connectivity returns. Deletion tombstones are retained for 180 days; devices offline longer may need a fresh resynchronisation.
• Export & import (Basic, Lite, Premium): Eligible tiers provide a manual export tool that packages your profiles, notes, photos and voice recordings into a portable encrypted archive.
• Audio constraints: Voice memories are capped at 180 seconds and 3 MB per clip, recorded in 64 kbps mono.
• No permanent archival guarantee: Cherishly is not an enterprise cold-storage facility. We do not warrant permanent, indestructible retention against force majeure. We strongly encourage regular offline exports of vital photos and audio.

10. Remembrance notifications & calendars

• Reminder types: Anniversary of passing, birth anniversaries, custom milestones, periodic reflection prompts and Family Circle updates.
• Delivery: Local reminders are scheduled through device alarms; Family Circle remote reminders are evaluated on a scheduled (hourly) basis.
• Dual calendars: Cherishly supports both the Gregorian and the Hijri (Islamic lunar) calendar for remembrance dates, based on standardised astronomical calculations, for cultural and religious convenience.
• Permission & control: Delivery depends on permissions in your device settings and in-app preferences. You may enable, disable or adjust schedules at any time.
• Disclaimer: Reminders are a personal convenience. Cherishly is not liable for missed dates due to battery optimisation, muted permissions, time-zone changes or operating-system background limits.

11. Intellectual property & proprietary rights

Except for your User Content, the Cherishly application and all associated software, source code, interface designs, visual assets, icons, logos, trademarks, animations, layouts and curated historical tributes are the exclusive intellectual property of Cherishly and its licensors, protected by copyright, trademark and other laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and use the Cherishly app on compatible personal devices for your personal, non-commercial remembrance purposes under these Terms.

You agree not to copy, decompile, reverse engineer, modify, create derivative works of, rent, lease, distribute or publicly display any part of the Cherishly software or branding without our prior written authorisation.

12. Service availability & modifications

We aim to provide a stable, dependable service. However, Cherishly is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied or statutory.

We may modify, update, enhance or temporarily suspend aspects of the Service for maintenance, security upgrades, operating-system compatibility or feature changes. We do not guarantee uninterrupted or error-free operation at all times.

13. Limitation of liability

To the maximum extent permitted by law, Cherishly and its founders, directors, employees, affiliates and licensors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, photos, voice recordings, goodwill or emotional distress, arising out of or related to your use of (or inability to use) the Service; loss or corruption of User Content; unauthorised access to your content or device; disputes between Family Circle members; or any bug, virus or technical malfunction.

To the fullest extent permitted by law, Cherishly's aggregate liability for all claims shall not exceed the greater of the amount you paid to Cherishly in the twelve (12) months before the event giving rise to liability, or fifty US dollars (US$50).

Some jurisdictions do not allow certain limitations; in those, our liability is limited to the maximum extent permitted by law.

14. Termination & account deletion

• Voluntary termination: You may stop using Cherishly at any time. You may delete local data by uninstalling the app, or trigger permanent account and cloud-data deletion in Settings > Delete Account.
• Data removal on deletion: When you initiate deletion per our Account & Data Deletion instructions, our automated functions permanently remove your credentials, profiles, photos, voice notes, Family Circle memberships and notification tokens from our servers, typically within 30 days.
• Termination by Cherishly: We may suspend, restrict or terminate your account if you materially violate these Terms, act unlawfully or abusively, infringe intellectual property rights, or compromise the security or integrity of the platform.

15. Changes to these Terms

We may update these Terms from time to time to reflect changes in our product, legal obligations, platform policies or security practices. When updates are published, we will revise the “Last updated” date above. For material changes, we may provide prominent notice through the App, our website or by email where feasible. Continued use of Cherishly after updated Terms are posted constitutes acceptance of the revised Terms.

16. Contact us