Cherry Messages · BENDAQ Ventures LLC

Cherry Terms of Service

Effective date: October 22, 2026

These Terms of Service (“Terms”) are a legal agreement between you and BENDAQ Ventures LLC (“we,” “us,” or “our”). They govern your use of cherrysaidit.com (the “Site”), your purchase of personalized Cherry video messages, our newsletter, and our affiliate program (together, the “Services”).

Please read these Terms carefully. By checking the box at checkout, signing up for the newsletter, joining the affiliate program, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Important: Section 7 makes you fully responsible for anything you type into a message, and Section 8 requires you to defend and hold us harmless if your content causes a problem. Please read both.

1. About Cherry

Cherry is a fictional, AI-generated character. She is not a real person, and she does not know you or your recipient. Cherry messages are pre-made video greetings for occasions such as birthdays, graduations, and new jobs. Each one is personalized with the recipient's name and, where offered, a short custom message from you. Messages are for entertainment only.

Cherry is not affiliated with, sponsored by, or endorsed by any celebrity, brand, or other company unless we clearly say so.

2. Eligibility

• Purchases. You must be at least 18 years old to buy a message. You confirm this by checking a box before payment.
• Newsletter. You must be at least 13 years old to subscribe.
• Affiliate program. You must be at least 18 years old to become an affiliate.
• No children under 13. The Services are not directed to children under 13, and they may not use them.

If you use the Services on behalf of someone else, you confirm you have the authority to accept these Terms for them.

3. How Ordering Works

• You choose an occasion and enter your name, your recipient's name, and any custom message. You then review your order on a confirmation screen.
• After you agree to these Terms and confirm your age, you are sent to our payment processor, Stripe, to pay.
• Once payment succeeds, we deliver a link to your personalized message. You are responsible for sending that link to your recipient. We do not text your recipient. If you give us your recipient's email address, we will also email them the link as a backup; otherwise we do not contact them.
• Please check spelling and details carefully on the confirmation screen before paying. What you enter is what appears in the video.

4. Prices, Payment, and Message Packs

• Current prices are shown on the Site at checkout. We may change prices at any time, but changes will not affect orders you have already paid for.
• Payments are processed by Stripe. By paying, you also agree to Stripe's terms. We do not store your full card details.
• Message packs. A three-pack gives you three message credits and a five-pack gives you five. Your first message is sent with your purchase and the rest are saved under your email. Credits never expire. Credits have no cash value. They cannot be resold, transferred for money, or exchanged for a refund.
• Any applicable taxes will be shown at checkout.
• If you dispute a charge with your bank without first contacting us, we may suspend your access to the Services while the dispute is resolved.

5. All Sales Final; One Free Fix

Because each message is personalized and delivered digitally, all sales are final and we do not offer cash refunds.

We know typos happen. Each order is entitled to one free corrected re-render, including when the mistake was yours (for example, a misspelled name). To request it, email hello@cherrysaidit.com within 30 days of purchase with your order number and the correction.

If a message fails to deliver or a video is broken because of a problem on our end, we will fix it or provide a replacement credit. Nothing in this section limits any rights you have under applicable consumer protection law.

6. Content Standards

Cherry is meant to make people smile. You agree that the recipient name, custom message, and any other text you submit (“Your Content”) will not:

• Be offensive, obscene, sexually explicit, or sexually suggestive.
• Contain hate speech, slurs, or content that demeans people based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Harass, bully, threaten, intimidate, or humiliate anyone, including your recipient.
• Be false, defamatory, libelous, or slanderous about any person or business.
• Reveal someone else's private information, such as their address, health details, or financial information.
• Impersonate any person, or suggest that Cherry or a real person endorses you, a product, or a cause.
• Promote violence, self-harm, illegal activity, drugs, or weapons.
• Contain advertising, spam, links, or solicitations.
• Infringe anyone's copyright, trademark, or other rights.
• Target or sexualize a minor in any way.

We use automated filters and may limit character counts, but filters do not catch everything and do not shift responsibility to us. We may review, refuse, block, edit, or remove any message that we believe breaks these standards, and we may cancel the order without refund. We may also suspend or ban users who break them.

7. Your Responsibility for Your Content

You are solely and fully responsible for Your Content and for how it is received. This includes any offensive, inappropriate, hurtful, defamatory, slanderous, or unlawful words, names, or comments you type into any text box on the Site.

By submitting Your Content, you represent and promise that:

• You wrote it, or you have the right to use it.
• It follows the Content Standards in Section 6 and all applicable laws.
• You have a legitimate, good-faith reason to send a greeting to your recipient, and you have the right to share their name and any contact details you provide.
• Your message is intended to be kind, celebratory, or good-natured, and not to harm, embarrass, or harass anyone.

You understand that we do not write, endorse, or verify Your Content. Cherry is simply displaying the text you supplied. Any statement in Your Content is your statement, not ours or Cherry's.

We keep a record of each custom message, the recipient name, and when it was sent so we can respond to complaints and legal requests, as described in our Privacy Policy. We may share that record with law enforcement, or with a person harmed by your message, where we believe the law requires or permits it.

8. Indemnification and Hold Harmless

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BENDAQ Ventures LLC and its owners, members, managers, employees, contractors, affiliates, and agents (the “Cherry Parties”). This covers any and all claims, demands, lawsuits, losses, damages, liabilities, penalties, fines, settlements, costs, and expenses, including reasonable attorneys' fees, that arise out of or relate to:

• Your Content, including any claim that it is offensive, inappropriate, harassing, defamatory, libelous, slanderous, invasive of privacy, infringing, or otherwise unlawful.
• Any message you order or send, and any harm, distress, or embarrassment it causes your recipient or anyone else.
• Your breach of these Terms or of any law.
• Your misuse of the Services, including false statements about your age or identity.
• Your conduct as an affiliate, including how you promote Cherry.

We may take over the defense of any claim covered by this section at your expense, and you agree to cooperate with us. You will not settle any such claim in a way that affects the Cherry Parties without our written consent. This section survives the end of your use of the Services.

9. Recipients and Shared Links

• Anyone who has a message link can view and download that message. Treat the link like a greeting card: share it only with people you intend to see it.
• If you receive a Cherry message that you find offensive or inappropriate, or that you did not want, contact us at hello@cherrysaidit.com with the link. We will review it and may take it down. We aim to respond within a reasonable time, but we cannot promise any specific outcome.
• Receiving a message does not create an account or any agreement between the recipient and us, beyond the license in Section 10 to view and keep the video.

10. Ownership and License

• We (or our licensors) own the Cherry character, her name, likeness, voice, catchphrases, videos, the Site, and all related intellectual property.
• When you buy a message, we grant you and your recipient a personal, non-exclusive, non-transferable, revocable license to view, download, keep, and share that message for personal, non-commercial purposes. This includes posting it on your personal social media accounts.
• You may not sell, resell, license, or use any message in advertising or for any commercial purpose. You may not edit a message to make Cherry appear to say something she did not say. You may not use Cherry's image or voice to train AI models or create competing content.
• You keep ownership of Your Content, but you give us a worldwide, royalty-free license to use it to create, deliver, store, moderate, and support your order.
• If you tag or mention Cherry publicly, you allow us to reshare that public post. We will never publish your private custom message without your permission.

11. Newsletter

If you subscribe, we will email you news, new occasions, offers, and Cherry content. You can unsubscribe at any time using the link in any email. Our use of your email address is described in our Privacy Policy.

12. Affiliate Program

If you join our affiliate program, these additional terms apply, along with our Affiliate Program Terms, which give the full details:

• Commission. You earn a commission of 20% of the purchase price (before taxes) on each completed, paid Cherry video message order (a single message, a three-pack or a five-pack) made through your unique referral link or code, unless we post a different rate.
• Tracking and payouts. Referrals are tracked, and commissions paid out, through our affiliate platform, Rewardful, on the schedule, holding period, and minimum balance set out in our Affiliate Program Terms, which we may update.
• Qualifying purchases. Only Cherry video message purchases qualify. Merchandise and other products sold in the Cherry Shop, such as mugs, t-shirts and hats, do not earn commission at this time. We may extend the program to other products later; if we do, we'll say so in the Affiliate Program Terms first.
• No commission is earned on your own purchases or on orders that are disputed, charged back, fraudulent, or in violation of these Terms. We may reverse commissions on such orders.
• Promote honestly. You may not:
  • spam or send unsolicited bulk messages
  • buy ads using the Cherry name
  • pretend to be us or Cherry
  • make false claims
  • offer unauthorized discounts
  You must clearly disclose that you earn a commission when you share your link, as required by the FTC.
• Taxes. You are an independent contractor, not our employee or agent. You are responsible for your own taxes and may need to provide tax information (such as a Form W-9) to receive payment.
• We may change the program, adjust the commission rate going forward, or end any affiliate's participation at any time. Commissions validly earned before termination will be paid unless they resulted from a violation of these Terms.

13. Prohibited Uses

You agree not to:

• Use the Services for any unlawful, harmful, or fraudulent purpose.
• Use another person's payment card without authorization.
• Try to bypass our filters, age confirmation, or security measures.
• Scrape, copy, or download content from the Site in bulk, or use bots or automated tools against it.
• Interfere with or disrupt the Site, its servers, or other users.
• Reverse engineer any part of the Services.

14. Disclaimers

THE SERVICES AND ALL MESSAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not promise that the Services will be uninterrupted or error-free, that every link will work forever, or how any recipient will react to a message.

Cherry's videos are created with AI tools. Small variations in her appearance, voice, or movement between videos are normal and are not defects.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHERRY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR EMOTIONAL DISTRESS, ARISING FROM OR RELATED TO THE SERVICES OR ANY MESSAGE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE ORDER GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Suspension and Termination

We may suspend or end your access to the Services at any time if you break these Terms, misuse the Services, or create risk for us or others. Sections that by their nature should survive will survive termination, including Sections 7, 8, 10, 14, 15, and 17.

17. Governing Law and Disputes

• These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-law rules.
• Before filing any claim, you agree to contact us at hello@cherrysaidit.com and try in good faith to resolve the issue informally for at least 30 days.
• Any lawsuit must be brought in the state or federal courts located in Oregon, and you consent to their jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies.

18. Changes to These Terms

We may update these Terms from time to time. We will change the effective date at the top and, for significant changes, give additional notice on the Site or by email. The version in effect when you place an order applies to that order. Continuing to use the Services after an update means you accept the new Terms.

19. General

• These Terms and our Privacy Policy are the entire agreement between you and us about the Services.
• If any part of these Terms is found unenforceable, the rest stays in effect.
• Our failure to enforce any part of these Terms is not a waiver.
• You may not transfer your rights under these Terms. We may transfer ours, for example in a sale of the business.
• We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages at our hosting or payment providers.

20. Contact Us

Questions about these Terms, a correction request, or a report about a message? Reach us at: