CheerClub Terms of Service

Effective Date: July 17, 2026 · Last Updated: July 17, 2026 · Version 1.1

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms of Service (these "Terms") constitute a legally binding agreement between you and CPM AI, Inc., doing business as CheerClub ("CheerClub," the "Company," "we," "us," or "our"), governing your access to and use of the CheerClub mobile application (the "App"), the CheerClub websites and cheer-recording web pages, currently available at https://cheerclub.app and https://s1drao.github.io/cheer/ (together, the "Site"), and all related services, features, and content (collectively, the "Service").

Table of Contents
  1. Acceptance of These Terms
  2. Definitions
  3. The Service
  4. Eligibility
  5. Accounts, Share Links & Security
  6. SMS Text Messaging Program
  7. User Content; Licenses
  8. Acceptable Use Policy
  9. Intellectual Property; Feedback
  10. Copyright Policy (DMCA)
  11. Third-Party Services
  12. Apple App Store Terms
  13. Modification, Suspension & Termination
  14. Disclaimers; Assumption of Risk
  15. Limitation of Liability
  16. Indemnification
  17. Governing Law; Arbitration; Class Waiver
  18. Notices; California Consumer Notice
  19. Miscellaneous
  20. Contact

1. Acceptance of These Terms

By downloading, installing, accessing, or using the Service, clicking a button indicating acceptance, creating an account, recording a Cheer, or opting in to text notifications, you: (a) acknowledge that you have read and understood these Terms; (b) represent that you meet the eligibility requirements of Section 4; and (c) agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

If you use the Service on behalf of another person or entity, you represent that you are authorized to bind that person or entity to these Terms, and "you" refers to both you and that person or entity.

2. Definitions

3. The Service

CheerClub is a social encouragement platform: Runners create runs and share invitation links; Cheerers record Cheers through the Site; and the Service delivers those Cheers for playback in the Runner's headphones at intervals ("mile markers") during the run. The Service includes ancillary features such as live run progress display, cheer-squad rosters, push notifications for Runners, and CheerClub Alerts for opted-in Cheerers.

The Service is currently offered free of charge. We reserve the right to introduce fees for new or existing features in the future; we will provide notice before any feature you use becomes paid, and no charge will apply without your affirmative consent.

You are responsible for obtaining and maintaining all devices, connectivity, and data plans needed to use the Service, and for all associated charges.

4. Eligibility

You must be at least thirteen (13) years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. The Service is not directed to, and may not be used by, children under 13. By using the Service, you represent and warrant that: (a) you meet the foregoing age requirements; (b) all registration and opt-in information you provide is truthful and accurate; (c) you have not previously been suspended or removed from the Service; and (d) your use of the Service complies with all applicable laws and regulations.

5. Accounts, Share Links & Security

5.1 Runner Accounts

Runners register by verifying a mobile phone number via a one-time passcode. You agree to provide accurate information and to keep it current. You are responsible for all activities that occur under your account, whether or not authorized by you, and for maintaining the security of the devices and phone number associated with your account. Notify us immediately at support@cheerclub.app of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to safeguard your account.

5.2 Share Links Are Access Credentials

Cheerers do not need accounts; access to a cheer page is controlled by possession of the Share Link. Runners are responsible for choosing the audience with whom they share their links. Anyone holding a Share Link can view the run's basic details and cheer-squad names and can submit Cheers. Do not post Share Links in public forums unless you intend public participation. We may rotate, disable, or invalidate Share Links to protect the Service or its users.

5.3 Account Deletion

You may stop using the Service at any time and may request deletion of your account and associated data by emailing support@cheerclub.app. Deletion requests are honored as described in our Privacy Policy.

6. SMS Text Messaging Program ("CheerClub Alerts")

This Section governs the optional recurring SMS program offered to Cheerers. Together with the disclosures in Section 5 of our Privacy Policy, it constitutes the complete program terms.

6.1 Program Description

If you opt in, CheerClub will send you recurring account notification text messages consisting of: (a) a notification when a Runner you cheered for starts their run; (b) a notification when a Cheer you recorded plays during the Runner's run; (c) invitations to record a new Cheer when a Runner you previously cheered for schedules a new run and elects to notify their cheer squad; and (d) messages strictly necessary to administer the program (such as opt-out confirmations).

6.2 Consent

You enroll by voluntarily entering your mobile phone number in the opt-in web form displayed after recording a Cheer and pressing the confirmation button. By enrolling, you: (a) expressly consent to receive recurring automated text messages from or on behalf of CheerClub at the number provided; (b) represent and warrant that you are the subscriber or customary user of that number and are authorized to consent; and (c) acknowledge that consent is not a condition of using the Service or of any purchase.

6.3 Program Details

6.4 Mobile Information Non-Sharing

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with, or sold to, any third party. Opt-in phone numbers are used solely to deliver the notifications described in this Section and are never displayed to other users, including the Runner you cheered for. See our Privacy Policy for full details.

7. User Content; Licenses

7.1 Ownership

As between you and CheerClub, you retain all right, title, and interest in and to your User Content. These Terms do not transfer ownership of your User Content to us.

7.2 License You Grant Us

By submitting User Content, you grant CheerClub a worldwide, non-exclusive, royalty-free, fully paid, transferable (solely in connection with a permitted assignment under Section 19) license, with the right to sublicense to our Service Providers solely as necessary, to host, store, cache, reproduce, transmit, distribute, display, perform, encode, transcode, and otherwise use and process your User Content, in each case solely for the purposes of operating, providing, securing, and improving the Service. This license terminates when your User Content is deleted from the Service, except: (a) to the extent copies persist in routine encrypted backups for a limited period; (b) where retention is required by law or for compliance record-keeping (including SMS consent records); and (c) for User Content already delivered to other users (for example, a Cheer already played to a Runner) prior to deletion.

7.3 Your Representations

You represent and warrant that: (a) you own your User Content or have all rights, licenses, consents, and permissions necessary to grant the license above; (b) your User Content, and our use of it as permitted by these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or any applicable law; (c) any individual whose voice or personal information appears in your User Content has consented to its inclusion; and (d) your User Content complies with the Acceptable Use Policy in Section 8.

7.4 Nature of Cheers

You acknowledge that: (a) Cheers are delivered to the Runner whose Share Link you used and may be played audibly through the Runner's headphones or speakers, potentially within earshot of others; (b) your entered display name is visible to the Runner and to other holders of the same Share Link; (c) Runners may retain and replay delivered Cheers within the Service; and (d) CheerClub applies automated processing to Cheers (for example, appending audio chimes and transcoding) as part of normal operation.

7.5 No Obligation to Monitor; Removal

We have no obligation to review, screen, or monitor User Content, but we reserve the right to do so and to remove, refuse, or restrict any User Content at any time, without notice, for any reason or no reason, including content we believe violates these Terms. We are not responsible or liable for any User Content or for any failure or delay in removing it.

8. Acceptable Use Policy

You agree that you will not, and will not permit, enable, or encourage any third party to:

We may investigate suspected violations and take any action we deem appropriate, including removing content, suspending or terminating access, notifying affected users, and reporting to law enforcement.

9. Intellectual Property; Feedback

9.1 Our Property

The Service — including its software, source code, architecture, visual design, user interfaces, text, graphics, logos, audio elements (other than User Content, and including the CheerClub signature chimes), trademarks, service marks, and trade dress — is owned by CheerClub or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. "CheerClub" and associated logos are trademarks of CPM AI, Inc. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.

9.2 Your License to Use the Service

Subject to your compliance with these Terms, CheerClub grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) download and install the App on devices you own or control, solely for your personal, non-commercial use; and (b) access and use the Site for its intended purposes. All rights not expressly granted are reserved.

9.3 Feedback

If you provide suggestions, ideas, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without restriction or compensation to you. We may also use general knowledge, skills, and experience acquired in providing the Service.

10. Copyright Policy (DMCA)

We respect the intellectual property rights of others and expect users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to properly submitted notices of alleged copyright infringement and may, in appropriate circumstances, terminate the accounts of repeat infringers.

If you believe content on the Service infringes your copyright, send a written notice to our designated agent at support@cheerclub.app (subject line "DMCA Notice") including: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it (e.g., the Share Link); (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification containing the information required by 17 U.S.C. § 512(g)(3). Misrepresentations in a notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f).

11. Third-Party Services

The Service depends on and interoperates with third-party services, including Supabase (data infrastructure), Twilio (message delivery), Apple (push notifications and App distribution), web hosting providers, and the messaging or social platforms through which users share links. We do not control and are not responsible for third-party services, their availability, or their acts or omissions. Your use of third-party services is at your own risk and may be subject to separate terms and privacy policies, which you are responsible for reviewing. References to third parties do not imply endorsement.

12. Apple App Store Terms

If you download the App from the Apple App Store, the following additional terms apply:

13. Modification, Suspension & Termination

13.1 Of the Service

We are continuously improving the Service and may add, modify, or remove features, or suspend or discontinue the Service in whole or in part, at any time, with or without notice. We will not be liable to you for any modification, suspension, or discontinuation, although we will use reasonable efforts to notify Runners of material discontinuations.

13.2 Of Your Access

We may suspend or terminate your access to all or part of the Service at any time, with or without cause, with or without notice, including if we believe you have violated these Terms. Upon termination: (a) your license to use the Service ends immediately; (b) we may delete your User Content and account data in accordance with our Privacy Policy; and (c) Sections 6.4 (record-keeping), 7.2 (residual license), 9, 10, 14, 15, 16, 17, 18, and 19 survive.

13.3 Of These Terms by You

You may terminate these Terms at any time by ceasing all use of the Service and requesting account deletion.

14. Disclaimers; Assumption of Risk

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY THEREOF ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CHEERCLUB MAKES NO WARRANTY THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY CHEER WILL BE DELIVERED, STORED, OR PLAYED AT ANY PARTICULAR TIME, AT ANY PARTICULAR MILE MARKER, OR AT ALL; (C) ANY SMS, PUSH, OR OTHER NOTIFICATION WILL BE DELIVERED; OR (D) ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHEERCLUB OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Running safety. The Service is a social encouragement tool. It is not a safety, emergency, navigation, health, or fitness-monitoring service, and it must not be relied upon as one. Running involves inherent risks. You are solely responsible for your own safety and fitness decisions, including whether, where, and how to run, and whether headphone use is safe and lawful in your surroundings. Remain aware of your environment, comply with traffic laws and local ordinances regarding headphone use, and consult a physician before beginning any exercise program. To the fullest extent permitted by law, you assume all risks associated with your running activities.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any legally required warranties are limited to the shortest period and smallest scope permitted by law.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL CHEERCLUB, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "CHEERCLUB PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CHEERCLUB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) THE AGGREGATE LIABILITY OF THE CHEERCLUB PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) FIFTY U.S. DOLLARS (US $50) AND (ii) THE TOTAL AMOUNTS YOU PAID TO CHEERCLUB FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this Section apply to the fullest extent permitted by law but do not exclude or limit liability that cannot be excluded or limited under applicable law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence where such exclusion is prohibited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Each provision of this Section allocates risk under these Terms between the parties and is an essential element of the basis of the bargain.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the CheerClub Parties from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your User Content, including any claim that it infringes or violates a third party's rights; (b) your access to or use of the Service; (c) your violation of these Terms or of any applicable law; (d) your violation of any third party's rights, including privacy, publicity, or intellectual property rights; or (e) your enrollment of any phone number in CheerClub Alerts without the authority to do so. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense. You may not settle any such claim without our prior written consent.

17. Governing Law; Dispute Resolution; Arbitration; Class Waiver

17.1 Governing Law

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes) are governed by the laws of the State of California, without giving effect to any conflict-of-laws principles that would apply the law of another jurisdiction, except that the Federal Arbitration Act governs Section 17.3.

17.2 Informal Dispute Resolution First

Most concerns can be resolved quickly and informally. Before commencing arbitration or litigation, you and CheerClub each agree to first send the other a written notice of the dispute describing the claim and requested relief (to us: support@cheerclub.app, subject "Legal Dispute"; to you: the phone number or email associated with your use of the Service), and to negotiate in good faith for at least thirty (30) days after receipt of such notice. This is a condition precedent to initiating any formal proceeding.

17.3 Binding Arbitration

EXCEPT AS PROVIDED IN SECTION 17.4, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY JAMS UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES THEN IN EFFECT. THE ARBITRATION SHALL BE SEATED IN SAN FRANCISCO COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, PROVIDED THAT EITHER PARTY MAY ELECT TO PARTICIPATE REMOTELY, AND FOR CLAIMS UNDER US $10,000 THE ARBITRATION MAY BE CONDUCTED ON THE BASIS OF WRITTEN SUBMISSIONS. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR (NOT ANY COURT) HAS EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, EXCEPT THAT A COURT SHALL DECIDE ANY QUESTION CONCERNING THE VALIDITY OR ENFORCEABILITY OF THE CLASS ACTION WAIVER IN SECTION 17.5.

Arbitration fees will be allocated in accordance with JAMS rules; if your claim is for less than US $10,000 and you did not bring it in bad faith, CheerClub will pay all JAMS filing, administration, and arbitrator fees in excess of the amount you would pay to file the claim in a California state court.

17.4 Exceptions

Notwithstanding Section 17.3, either party may: (a) bring an individual action in small-claims court for disputes within that court's jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or unauthorized access to the Service; and (c) pursue any claim that, as a matter of applicable non-waivable law, may not be subject to mandatory arbitration.

17.5 Class Action and Jury Trial Waiver

YOU AND CHEERCLUB EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION, AND EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST (AND ONLY THAT ONE) SHALL BE SEVERED AND MAY PROCEED IN COURT, AND ALL REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.

17.6 Thirty-Day Opt-Out Right

You may opt out of the arbitration agreement and class action waiver in Sections 17.3 and 17.5 by sending written notice to support@cheerclub.app (subject "Arbitration Opt-Out") within thirty (30) days after first accepting these Terms, stating your name, the phone number or identifier associated with your use of the Service, and your intent to opt out. Opting out will not affect any other provision of these Terms.

17.7 Venue for Court Proceedings

For any proceeding permitted to be brought in court, you and CheerClub consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, and waive any objection based on inconvenient forum.

17.8 Limitation Period

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues; otherwise, it is permanently barred.

18. Notices; California Consumer Notice

We may provide notices to you through the Service, by push notification, by text message to a number you provided, by email if you have provided one, or by posting to the Site. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. Notices to CheerClub must be sent to support@cheerclub.app and to CPM AI, Inc., 2261 Market Street, STE 72868, San Francisco, CA 94114.

Under California Civil Code § 1789.3, California users are entitled to the following notice: the Service is provided by CPM AI, Inc., 2261 Market Street, STE 72868, San Francisco, CA 94114. The Service is currently provided without charge. Complaints regarding the Service or requests for further information may be sent to the address above or to support@cheerclub.app. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. Miscellaneous

20. Contact

CPM AI, Inc. (d/b/a CheerClub)
Attn: Legal
2261 Market Street, STE 72868
San Francisco, CA 94114, United States
Email: support@cheerclub.app