Terms of Use Agreement

Please ensure you read each section carefully.

INTRODUCTION
By interacting with CHEERYCHATS Platforms and Services, you agree to the terms set out in
this agreement, as well as any other legal policies available on our Platforms. We reserve the
right to modify or amend these terms at any time.
Welcome to CHEERYCHATS, operated by CHEERYCHATS LLC. In this document,
“CHEERYCHATS,” “us,” “we,” “the Company,” and “our” all refer to CHEERYCHATS LLC.
By engaging with our Services on cheerychats.com (the “Website”) or any other Platforms or
services we offer, including Virtual Sessions with our Staff Members (collectively, the “Service”
or “Services”), you agree to and are bound by these Terms of Use (the “Terms” or “Agreement”),
along with any other legal documents provided on the website, such as the Privacy Policy, which
may be incorporated by reference into this agreement. We reserve the right to modify, add, or remove any part of this agreement at our discretion. In the event of significant changes, we may notify you by updating this page and indicating the effective date of the changes. While we may notify you of such changes, it is your responsibility to periodically review this page to remain informed. Continued use of our Platforms after changes are made constitutes your acceptance of the updated terms. You may choose to stop
using our Services at any time if you do not agree to the changes. If you have any questions or concerns about our Terms of Use Policy, please contact us at hello@cheery-chats.com.
THE SERVICES DO NOT ENTAIL MEDICAL ADVICE OR CARE
The services provided through this website, including all communications, interactions, and
content, are intended solely for informational and entertainment purposes. These services are
designed to offer social engagement and tele-companionship to older adults individuals. They
are not a substitute for professional medical advice, diagnosis, or treatment. The website and its
services do not provide medical or healthcare services, and users should not rely on any
information obtained from this platform as a basis for making medical decisions. Always seek
the advice of a qualified healthcare provider with any questions you may have regarding a
medical condition. BY USING THIS WEBSITE AND THESE SERVICES, YOU
UNDERSTAND AND AGREE THAT THE INFORMATION PROVIDED IS NOT A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT,
WHICH CAN ONLY BE PROVIDED BY A LICENSED PHYSICIAN OR QUALIFIED
HEALTHCARE PROFESSIONAL. Contact your healthcare provider immediately if you believe
you or the individual in your charge has a medical condition. Do not disregard professional

medical advice or delay seeking it because of information obtained from this Website and/or
Services. NONE OF THE INFORMATION PROVIDED ON THIS WEBSITE AND/OR SERVICES HAS
BEEN EVALUATED BY A PHYSICIAN AND/ORTHE FOOD AND DRUG
ADMINISTRATION (FDA) AND SHOULD NOT BE USED TO TREAT, CURE, OR
PREVENT ANY DISEASE OR AS MEDICAL ADVICE. Due to the evolving nature of health, exercise, social psychology and research concerning interpersonal relationships, we cannot guarantee that the information provided is always the most current. We strive to provide you with the most up-to-date information available.
Your use of this Website and Services DOES NOT establish a physician-patient relationship or
any other confidential or privileged relationship. BY USING THIS WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN HEALTH AND WELL-BEING AND/OR THE HEALTH AND WELL-BEING OF THE INDIVIDUAL FOR WHOM YOU EXERCISE
CUSTODIANSHIP. YOU ASSUME ALL RISKS ASSOCIATED WITH RELYING ON THE
INFORMATION PROVIDED AND AGREE TO HOLD CHEERYCHATS LLC HARMLESS
FROM ANY LIABILITY OR LOSS THAT MAY RESULT FROM YOUR USE OF THE
WEBSITE AND SERVICES.

ELIGIBILITY TO USE SERVICES
Not everyone is permitted to create an account or use CHEERYCHATS Services.
By using our Services, you represent and warrant that:

There are no legal restrictions or court orders that prevent you from using our services;
You have not been previously banned by us from registering an account or are not
registering under a new name without our explicit permission;
You are at least 18 years of age (or the legal age in your country).
You agree not to:
Violate any applicable laws, including but not limited to privacy laws, intellectual
property laws, and regulatory requirements;
Use the Services in a manner that damages or disrupts our computer systems and
networks;
Harass, defame, or otherwise mistreat any person on our Platforms or our staff;
Access or use another user’s account;
Use our Services to commit fraud;
Violate the terms of the license granted to you by CHEERYCHATS (see Section 6
below);
Disclose private or proprietary information without authorization;
Copy, modify, distribute, or create derivative works from any Member Content or Our
Content without our prior written consent;
Use technical tools, such as crawlers or data mining software, to extract data from our
Platforms;
Introduce viruses or harmful code into our Platforms;
Reverse engineer, decompile, or otherwise attempt to discover the source code of any part
of our Services;
Use or develop any third-party applications that interface with our Services without our
explicit written consent;
Access or use our application programming interfaces without our explicit written
consent;
Use our Services for any illegal or unethical purpose.

CONTENT
In this agreement, “content” refers to all text, video, images, audio, or other materials on our
Services, including user profiles and all information uploaded by users.
4a. CONTENT RIGHTS
CHEERYCHATS owns all content on our Platforms and Services.
All text, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other
intellectual property appearing on our Services are owned, controlled, or licensed by us and
protected by copyright, trademark, and other intellectual property laws. All rights, titles, and
interests in Our Content remain with us at all times.
INAPPROPRIATE CONTENT AND MISCONDUCT; MONITORING AND
REPORTING
If you come across any inappropriate content on our Platforms or Services, you can report the
content and the User who posted it by sending an email to support@cheerychats.com.
PRIVACY
For all matters concerning privacy, please refer to our separate Privacy Policy. By using our
Platforms and Services, you agree that we may use your personal data in accordance with our
Privacy Policy.
RIGHTS GIVEN TO YOU BY CHEERYCHATS
CHEERYCHATS grants you the right to use our Services subject to these Terms.
COPYRIGHT POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material available on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that material hosted by CHEERYCHATS infringes
your copyright, you or your agent may send a notice to CHEERYCHATS requesting that the material be removed or access to it blocked. Any notification that fails to comply with the DMCA requirements will not be considered sufficient notice and will not be deemed to give CHEERYCHATS actual knowledge of any infringing material or acts. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you to send a counter-notice. All notices and counter-notices must comply with the current statutory requirements imposed by the DMCA. For details, visit http://www.loc.gov/copyright. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the
copyright owner;
Identification of the copyrighted work claimed to be infringed;
Identification of the material claimed to be infringing and its location on the Site or
Service, reasonably sufficient to permit us to locate the material;
Information sufficient to contact you, such as your address, telephone number, and email
address;
A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.

CHEERYCHATS’s Copyright Agent for notice of claims of copyright infringement or counter-
notices can be reached as follows: Designated Agent: [Name], [Address of Agent], [Telephone],

[Email for notice]. We suggest consulting your legal advisor before filing a notice or counter-
notice. Be aware that there can be penalties for false claims under the DMCA.

PACKAGES AND SUBSCRIPTIONS
Our mission is to transform the lives of older adults through the power of meaningful connection.
We are dedicated to combating feelings of loneliness and reducing feelings of isolation by
offering regular, engaging conversations that stimulate cognitive functions and foster a sense of
companionship. Through our structured conversations, guided by SMART goals, we provide
cognitive engagement that not only inspires memory recall but also encourages the sharing of
stories and past experiences. Our approach includes purpose activities designed to activate and
maintain memory function, supporting our clients in leading more connected and fulfilling lives.
CHEERYCHATS offers customers three distinct service packages designed to cater to various
needs and preferences. Each package provides scheduled calls with our experts, allowing you to
receive personalized guidance and support. Below are the details of each package:

Package 1: Basic Plan

Features: This plan includes 4 scheduled calls per month, with each call lasting 20
minutes.
Frequency: Calls are scheduled on a weekly basis, allowing you to connect with our
experts regularly throughout the month.
Cost: The Basic Plan is priced at $149 per month.
Best For: This package is ideal for individuals and loved ones who seek weekly
CheeryChats on a monthly basis.
Package 2: Standard Plan
Features: The Standard Plan offers 8 scheduled calls per month, with each call lasting 20
minutes.
Frequency: With this package, you can schedule calls more frequently, providing ample
opportunities to have a CheeryChat and receive ongoing support for purpose assignments.
Cost: The Standard Plan is available at a rate of $250 per month.
Best For: This package is perfect for those who require more frequent check-ins and
prefer more regular sessions to maintain consistent progress on purpose activities.
Package 3: CheeryChat Private Classes
Features: CheeryChats offer private and group classes.
Frequency: CheeryChat Classes can be individualized or within an online group setting.
Cost: Please visit our website or contact us directly to learn more about the rates and to
determine the best classes suited to your needs.
Best For: This package is best suited for individuals who require more intensive support,
prefer longer sessions to discuss purpose assignments.
Package Terms
Scheduling: All scheduled calls and classes must be booked in advance through our
online platform or by contacting our customer support team. Scheduling is subject to
availability, and it is recommended that you schedule your calls at the beginning of each
month to ensure your preferred times.
Rescheduling and Cancellations: If you need to reschedule or cancel a call, please do so
at least 24 hours in advance. Rescheduling is subject to availability and may not be
guaranteed. Missed calls without prior notice will not be refunded or rescheduled.
Automatic Renewal: Packages 1 and 2 are subscription-based and will automatically
renew each month unless you cancel your subscription before the renewal date, as
described below. CheeryChat classes requires registration or direct communication with
our team to discuss and renew services.

CHEERYCHATS offers one-time purchases as well as automatically-renewable subscriptions. If
you choose to purchase a subscription, you authorize us to automatically renew your monthly
subscription at the beginning of each calendar month and charge the credit card on file for the
applicable fees. If you wish to cancel your subscription, you must provide written notice at least
30 days in advance of the desired cancellation date. By making a purchase, you agree to pay the
price presented for the selected Services, including any sales taxes, and you authorize
CHEERYCHATS LLC to charge your payment method.
We may offer products and services for purchase through authorized external services
(“External Services”). Any purchases made through these services (“External Service Purchases”)
are subject to their respective terms. If you cancel a subscription, you will retain access to your
subscription benefits until the end of your current subscription period, at which point it will
expire.
Canceling your subscription does not remove your profile from our Services. To fully terminate
your membership, you must follow the steps outlined in Section 10.
CHEERYCHATS reserves the right to correct any billing errors or mistakes, even after payment
has been requested or received. If you reverse a payment through your payment method,
CHEERYCHATS LLC reserves the right to terminate your account immediately, as it may be
interpreted as your decision to cancel the subscription. Please contact Customer Service to
address any issues related to chargebacks.
Your subscription will continue indefinitely for the agreed-upon price and period until you
cancel. To terminate a subscription, go to the settings page in your profile and select “cancel.”
Your subscription will remain active until the end of the current subscription period. You can also
update your payment method information directly on the settings page. If a payment fails due to
an issue with your payment method, you remain responsible for any amounts due, and we may
continue to bill your designated payment method.
Additionally, you authorize us to access updated or replacement card numbers and/or expiration
dates for your debit/credit cards as provided by your card issuer.

RESCHEDULING APPOINTMENTS
Once time slots are scheduled, they must be adhered to, barring special circumstances. We
reserve the right not to reschedule a missed or changed appointment. To preserve the integrity of
the program and ensure continuity between the client and service provider, appointments cannot
be adjusted without good reason. These calls are inherently flexible and can be attended from
any location, so inability to attend due to convenience will not be accepted as an excuse.
Maintaining the agreed schedule is essential to ensure that each assignment is completed in a
timely manner.
If you do need to reschedule, a written request must be submitted detailing the reason for the
change. We reserve the right to either accept or decline the rescheduling request, depending on
the circumstances and availability. All requests will be considered, but there is no guarantee that

the original time slot can be adjusted. Maintaining the program’s schedule is essential to uphold
the commitment and continuity between the client and service provider.

9a. SERVICES ARE STRICTLY FOR ENTERTAINMENT PURPOSES
At CheeryChats, we understand that loneliness is a growing concern for many older adults
individuals. Our team is here to offer friendly and engaging phone conversations to bring joy,
comfort, and a sense of connection to older adults who may feel isolated. Our service provides a
much-needed social outlet, creating warm, uplifting conversations and classes that brighten their
day and make them feel heard and valued.
CheeryChat IS AN ENTERTAINMENT SERVICE, AND BY USING OUR SERVICES, YOU
ACKNOWLEDGE THAT CheeryChat DOES NOT HOLD ANY FIDUCIARY, MEDICAL, OR
PROFESSIONAL RESPONSIBILITIES. WE DO NOT PROVIDE ANY FORM OF MEDICAL ADVICE,
COUNSELING, OR EMERGENCY ASSISTANCE. CheeryChat IS NOT RESPONSIBLE FOR NOTIFYING
MEDICAL PERSONNEL OR AUTHORITIES IN THE EVENT OF ANY MEDICAL OR EMERGENCY
INCIDENT. ALL INTERACTIONS AND COMMUNICATIONS WITHIN CheeryChat ARE FOR
ENTERTAINMENT PURPOSES ONLY, AND USERS ARE ENCOURAGED TO SEEK APPROPRIATE
MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL ASSISTANCE FROM QUALIFIED PROVIDERS AS
NEEDED.
This service is PURELY for social and entertainment purposes. It is not a medical or therapeutic
service. Our team members are compassionate, listeners who are here to share stories, discuss
hobbies, or simply provide a caring ear. These calls are designed to alleviate loneliness and
provide meaningful companionship in a safe and enjoyable way. Services may include, but are
not limited to, educational seminars on child development, health, These social sessions ARE
NOT MEDICAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A
PHYSICIAN OR QUALIFIED HEALTHCARE PROFESSIONAL. THE STAFF MEMBER IS
NOT PROVIDING MEDICAL SERVICES OR PSYCHOLOGY SERVICES. Services may be
conducted through technological channels, such as Zoom, Google Meet, FaceTime, or a standard
phone call which may or may not be secure networks.

DISCLAIMER
CHEERYCHATS LLC PROVIDES OUR SERVICES “AS IS” AND, TO THE EXTENT
PERMITTED BY LAW, MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, REGARDING OUR SERVICES (INCLUDING ALL
CONTENT). WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CHEERYCHATS DOES NOT WARRANT THAT
(A) OUR SERVICES WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE, (B)
DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) ANY CONTENT YOU OBTAIN
ON OR THROUGH OUR SERVICES WILL BE ACCURATE. CHEERYCHATS LLC MAKES

NO GUARANTEES ABOUT THE NUMBER OF ACTIVE USERS AT ANY TIME OR YOUR
ABILITY TO CONNECT AND COMMUNICATE WITH OUR USERS.
CHEERYCHATS DISCLAIMS ALL LIABILITY FOR ANY CONTENT RECEIVED
THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF ACTION. WE FURTHER
DISCLAIM ALL LIABILITY FOR ANY RESULTING HARM FROM THE ACTS OR
OMISSIONS OF YOU OR OTHER USERS, WHETHER SUCH ACTS OCCUR DURING USE
OF THE SERVICE OR OTHERWISE. ANY CONTENT OR INFORMATION ACCESSED
THROUGH OUR SERVICES IS ACCESSED AND DOWNLOADED AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEERYCHATS IS NOT
RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES,
INCLUDING DAMAGES TO YOUR COMPUTER HARDWARE, SOFTWARE, OR LOSS OF
DATA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR
ANY CAUSE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE
SERVICE DURING YOUR MEMBERSHIP OR SUBSCRIPTION, TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PHYSICAL INJURY, BODILY HARM, OR EMOTIONAL/
PSYCHOLOGICAL DISTRESS DAMAGES ARISING FROM THE USE OF THIS SERVICE.

ADS AND THIRD-PARTY CONTENT
CHEERYCHATS’ Platforms and Services may display advertisements and promotions provided
by third parties, which may link to their respective websites or resources. These third-party
websites and resources may not be functional at the time of their display on our Platforms. We
are not responsible for their availability or content. CHEERYCHATS is not liable for and does
not necessarily endorse the goods or services provided by these third parties. If you choose to
engage with third parties through our Services, their terms will govern your relationship with
them. CHEERYCHATS LLC is not responsible for their actions or terms.
LIMITATION OF LIABILITY
CHEERYCHATS’ liability is limited to the fullest extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
CHEERYCHATS, ITS EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE
PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY,
OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
ARISING OUT OF (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR
USE, THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD
PARTIES, OR (III) UNAUTHORIZED ACCESS, USE, OR MODIFICATION OF YOUR
CONTENT, EVEN IF CHEERYCHATS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL CHEERYCHATS’s AGGREGATE LIABILITY

EXCEED THE AMOUNT PAID BY YOU TO CHEERYCHATS FOR THE SERVICES
DURING YOUR ACCOUNT’S ACTIVE PERIOD.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN
IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL TO MEET THEIR ESSENTIAL
PURPOSE.
CERTAIN JURISDICTIONS MAY PROHIBIT THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OR ALL OF THESE EXCLUSIONS AND LIMITATIONS
MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION
If you have a legal dispute with CHEERYCHATS, the following information outlines how the
dispute will be resolved:
If you are dissatisfied with our Services, please contact CHEERYCHATS Customer Service so
we can work together to address your concerns. If you choose to pursue a claim against
CHEERYCHATS, these terms will apply.
14a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
If you decide to pursue a legal claim against CHEERYCHATS, you agree to resolve the dispute
through arbitration (with limited exceptions).
The exclusive method for resolving any dispute or claim arising from or relating to this
Agreement or our Services (including any alleged breach thereof) shall be BINDING
ARBITRATION. The only exception to arbitration is that either party may bring an individual
claim in small claims court, provided the claim falls within the jurisdiction of that court. If the
responding party requests small claims court resolution before the appointment of an arbitrator,
the arbitration will be administratively closed; if requested after the appointment of an arbitrator,
the arbitrator will decide whether the dispute should proceed in arbitration or small claims court.
Regardless of whether you choose arbitration or small claims court, you may not initiate or
participate in any class action, class arbitration, or other representative proceedings against the
Company.
By engaging with our Services, you agree to this arbitration agreement and waive your right to
go to court to bring or defend any claims (except as noted for small claims court matters). You
also waive your right to participate in class actions or other class proceedings. A neutral
arbitrator will determine your rights, and NOT a judge or jury, and will decide all issues related
to the arbitrability of the dispute.
You are entitled to a fair and impartial hearing before the arbitrator, who has the authority to
grant any relief a court could, but arbitration proceedings are typically faster and more
streamlined than court proceedings. Arbitrator decisions are enforceable in court and may only
be overturned for limited reasons.
Any proceeding to enforce this arbitration agreement, including any to confirm, amend, or vacate
an arbitration award, may be brought in any court of competent jurisdiction. If this arbitration
agreement is deemed unenforceable for any reason, litigation against the Company (except for

small claims court actions) must be brought only in the federal or state courts located in
Massachusetts. You irrevocably consent to the jurisdiction of these courts for such purposes.
14b. GOVERNING LAW
If there is a dispute, Massachusetts and the Federal Arbitration Act will apply (except where
prohibited by law).
Except where prohibited by law, the laws of Massachusetts, U.S.A., will govern any disputes
arising from or relating to this Agreement or our Services.
14c. VENUE
If a claim is not subject to arbitration for any reason, it must be litigated in Massachusetts
(excluding small claims court cases or where prohibited by law).
Except for claims properly brought in a small claims court of competent jurisdiction in your
place of residence or in Massachusetts, all claims arising from or relating to this Agreement or
our Services must be litigated exclusively in the federal or state courts of Massachusetts, U.S.A.

INDEMNITY BY YOU
If a claim is made against CHEERYCHATS LLC as a result of your actions, you agree to
indemnify CHEERYCHATS LLC.
To the fullest extent permitted by law, you explicitly agree to indemnify, defend, and hold
harmless CHEERYCHATS LLC, our affiliates, and their respective directors, officers, agents,
and employees from and against any claims, demands, damages, losses, liabilities, costs, and
expenses, including attorney’s fees, arising out of or related to your use of our Services, Your
Content, Your conduct toward other users, or your breach of this Agreement.
ACCEPTANCE OF TERMS
By using our Services, you agree to be bound by (i) these Terms, which we may modify from
time to time, and (ii) our Privacy Policy.
All pronouns and variations thereof refer to the masculine, feminine, neuter, singular, or plural,
as appropriate based on the context. The capitalization of a word shall be deemed to have the
same meaning as the uncapitalized version of that word.
ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy, Cookie Policy, and any Additional Terms
Upon Purchase, constitutes the entire agreement between you and CHEERYCHATS regarding
your use of our Services, superseding any prior agreements or representations. If any provision
of these Terms is found to be unenforceable, the remainder of the Terms shall remain in full force
and effect. Our failure to enforce any right or provision of these Terms shall not constitute a
waiver of such right or provision. Your account is non-transferable, and all rights to your account
and its content terminate upon your death unless otherwise provided by law. You may not
transfer or assign any rights or licenses granted hereunder, but we may assign these rights at our
discretion. No agency, partnership, joint venture, fiduciary, or other special relationship or

employment is created as a result of these Terms, and you may not make any representations on
behalf of or bind CHEERYCHATS in any capacity.