Terms of Service
Last updated: February 9, 2026
1. Acceptance of Terms
By accessing or using the Cherry platform and API services (the "Service") provided by Place Holder Labs Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
2. Description of Service
Cherry is a video understanding engine that provides API access to video processing, analysis, extraction, and search capabilities for use with large language models and AI applications.
3. Account Registration
To use the Service, you must create an account using Google OAuth. You are responsible for maintaining the security of your account credentials and API keys. You must immediately notify us of any unauthorized use of your account.
4. API Usage and Rate Limits
Your use of the API is subject to the rate limits and call quotas associated with your subscription tier. Exceeding your plan's included calls will incur overage charges at the rate specified in your plan. We reserve the right to throttle or suspend access if usage patterns indicate abuse.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
- Submit content that infringes on intellectual property rights of others
- Attempt to reverse engineer, decompile, or disassemble the Service
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service to process content depicting minors, or content that is illegal, harmful, or violates third-party rights
- Resell or redistribute access to the Service without written authorization
6. Intellectual Property
The Service, including its software, algorithms, and documentation, is owned by Place Holder Labs Inc. and protected by intellectual property laws. You retain ownership of any content you submit through the Service. We claim no ownership over your input or output data.
7. Payment and Billing
Paid plans are billed monthly in advance. Overage charges are billed at the end of each billing cycle. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' notice.
8. Service Level and Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. Specific uptime guarantees are available to Scale and Enterprise tier customers under separate SLA agreements.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLACE HOLDER LABS INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Indemnification
You agree to indemnify and hold harmless Place Holder Labs Inc. and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
12. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. You may terminate your account at any time through the dashboard. Upon termination, your right to use the Service ceases immediately.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms, please contact us at legal@cherry.dev.
Place Holder Labs Inc.