TERMS OF SERVICE & END-USER LICENSE AGREEMENT (EULA)
Cherryfy App, LLC
Last Updated: April 4, 2026
This is a legally binding agreement between you ("User") and Cherryfy App, LLC ("Company"). By installing or using the Cherryfy mobile application, you agree to be bound by these Terms, which include a Binding Arbitration Clause, a Class Action Waiver, and a License Grant with specific restrictions.
1. Ownership and Nature of Service
Cherryfy (the "Application") is owned and operated by Cherryfy App, LLC, a Texas limited liability company. Cherryfy is an independent analytical tool designed to assist gig economy workers. We are not affiliated with, associated with, authorized by, endorsed by, or in any way officially connected with Uber Technologies Inc., Lyft Inc., or any of their subsidiaries or affiliates.
2. Technical Methodology (Screen Analysis)
Cherryfy utilizes Android Accessibility Services to analyze information displayed on your device screen.
No API Access: Cherryfy does not interact with the internal Application Programming Interfaces (APIs) of third-party platforms.
No Account Credentials: We do not require, store, or transmit your login credentials for any third-party rideshare or delivery platforms.
User-Initiated Analysis: The Application operates as a passive observer of the User's screen to provide real-time calculations based on data already visible to the User.
3. Non-Interference and User Autonomy
Cherryfy App, LLC does not induce, encourage, or cause the breach of any third-party contract.
Passive Functionality: The Application functions as a passive decision-support tool. It does not automate the acceptance or rejection of rides. All final business decisions are made solely by the User.
Justification of Use: Use of the Application is intended to provide financial transparency, allowing independent contractors to evaluate the economic viability of offers in accordance with their own business objectives and legal right to data portability.
4. Assumption of Risk and Deactivation
Third-party platforms maintain sole discretion over their Terms of Service and may prohibit the use of unauthorized third-party tools.
By using Cherryfy, you acknowledge that you assume all risks associated with your relationship with these platforms.
Cherryfy App, LLC is not responsible for any adverse actions taken by third-party platforms, including but not limited to account warnings, suspensions, or permanent deactivations.
5. AI Disclosure & Logic (Texas TRAIGA Compliance)
In accordance with the Texas Responsible AI Governance Act (TRAIGA):
Purpose: Cherryfy uses machine-based logic to infer profitability estimates (e.g., per-mile or per-hour earnings) to assist drivers.
Methodology: Calculations are deterministic and based on data read by Google OCR from the offer screen and user-defined expense parameters.
Non-Binding: All scores and profitability indicators are estimates and do not constitute financial advice or a guarantee of earnings.
6. Privacy and Sensitive Data (Texas TDPSA Compliance)
Precise Geolocation: To provide accurate offer analysis, Cherryfy may process precise geolocation data. By using the Application, you provide explicit consent for the processing of this "Sensitive Data" as defined by the Texas Data Privacy and Security Act (TDPSA).
International Transfer: Users outside the United States consent to the transfer and processing of their data in the USA.
Your Rights: You maintain the right to request Cherryfy to delete your data by filling the form at https://cherryfy.app/delete-account.
7. Pre-Arbitration Notice of Dispute
Before initiating any formal legal proceeding, you agree to send a written Notice of Dispute to legal@cherryfy.app. You and Cherryfy App, LLC agree to attempt to resolve the dispute through good-faith informal negotiation for a period of thirty (30) days. Failure to follow this procedure is a material breach of these Terms.
8. Mandatory Individual Arbitration
Any dispute arising out of these Terms shall be settled by binding, individual arbitration administered by the American Arbitration Association (AAA).
Venue: The arbitration shall take place exclusively in Houston, Harris County, Texas.
Class Action Waiver: You may only bring claims against Cherryfy App, LLC in your individual capacity and not as a plaintiff or class member in any purported class proceeding.
9. Mass Arbitration / Batching Provision
If twenty-five (25) or more similar arbitration demands are filed against Cherryfy App, LLC by the same law firm or coordinated group, claims will be resolved in "batches" of 50. Cherryfy App, LLC shall only be required to pay filing fees for the active batch; all other claims will be tolled until their respective batch is initiated.
10. Limitation of Liability
To the maximum extent permitted by law, Cherryfy App, LLC's total liability for any claim shall be limited to the amount paid by the user to Cherryfy in the 12 months preceding the claim, or $50.00 USD, whichever is greater.
11. Governing Law and Venue
These Terms are governed by the laws of the State of Texas. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts (including the Texas Business Court, where applicable) located in Harris County, Texas.
12. Safety and Distraction Warning
DRIVE RESPONSIBLY. You acknowledge that the Application is a visual aid and should not be interacted with while the vehicle is in motion.
Hands-Free Compliance: You agree to comply with all applicable distracted driving laws, including Texas's prohibition on reading or sending electronic messages while operating a motor vehicle.
No Liability for Accidents: Cherryfy App, LLC shall not be liable for any vehicular accidents, personal injuries, or property damage resulting from the use of the Application, including any distractions caused by notifications, scores, or screen overlays.
Recommended Use: We strongly recommend mounting your device in a fixed position and reviewing all analytical data only when the vehicle is safely stopped and out of traffic.
13. No Guarantee of Accuracy (Financial Disclaimer)
While we strive for precision, Cherryfy App, LLC provides all data and calculations on an "As-Is" and "As-Available" basis.
Estimation Only: Profitability scores, mileage estimates, and tax calculations are based on generalized algorithms and user-provided inputs. They do not account for real-time traffic, fluctuating fuel prices, or individual tax situations.
No Liability for Losses: We are not responsible for any financial losses, "missed" high-value rides, or lower-than-expected earnings resulting from technical errors, calculation discrepancies, or reliance on the Application's recommendations.
Not Professional Advice: Cherryfy does not provide tax, legal, or financial advice. You should consult with a qualified professional for tax and business planning.
14. Fair Competition & Right to Interoperability
Cherryfy App, LLC operates as a pro-competitive interoperability tool designed to restore balance in the gig economy labor market.
Protection Against Information Asymmetry: In accordance with international competition standards (including Brazilian CADE precedents and EU Directive 2024/2831), Cherryfy provides Drivers with the necessary transparency to evaluate business offers fairly.
No Violation of Platform Integrity: Cherryfy does not "scrape" proprietary platform data; it merely organizes information already legally presented to the User on their own hardware.
Asserted Right to Interoperate: We assert the User's right to use third-party "overlay" and "accessibility" tools to manage their professional activities. Any attempt by a platform to block or penalize the use of Cherryfy may be considered an anti-competitive "Refusal to Supply" or an "Abuse of Dominant Position" under applicable antitrust laws.
Data Portability Rights: This Application facilitates the User's legal right to Data Portability (under TDPSA, GDPR, and LGPD) by allowing the real-time analysis of the User's own professional offer data.
15. License Grant
Subject to your compliance with these Terms, Cherryfy App, LLC grants you a personal, non-exclusive, non-transferable, revocable, and limited license to download, install, and use the Application on a single mobile device owned or controlled by you. This Application is licensed, not sold, to you.
16. License Restrictions
You shall not, and shall not permit any third party to:
Decompile/Reverse Engineer: Attempt to derive the source code, underlying ideas, or algorithms of the Application.
Redistribute: Rent, lease, lend, sell, or sublicense the Application.
Bypass Security: Circumvent any technical measures or content protections implemented in the Application.
Illegal Use: Use the Application for any purpose that violates local, state, national, or international laws.
17. Export Control Compliance (2026 Standards)
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a Sterrorist supporting⬝ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including the BIS Entity List or SDN List. You agree not to use or export the Application in violation of U.S. export laws.
18. Third-Party Beneficiary (Google Play)
You acknowledge and agree that Google, and Google's subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.