Legal information

Terms and Conditions

Last Updated: 10.01.2025

These Terms and Conditions (“T&Cs”) govern users' access to and use of Cherrypics, a product owned and operated by Cherrydeck GmbH. By accessing or using the Cherrypics platform (“Service”), users agree to be bound by these T&Cs. If users do not agree, they must not use the Service.

1. Definitions

  • Service: The Cherrypics platform, including media storage, sharing, and management tools.
  • User: Any person or entity creating an account or using the Service.
  • Content: Media files (e.g., photos, videos) uploaded or managed through the Service.

2. Overview of Services

Cherrypics is a media management platform developed by Cherrydeck GmbH, tailored for photographers, videographers, and creative teams. It provides a streamlined solution for organizing, sharing, and delivering high-resolution visual content.

Key features include:

Secure Uploading and Storage

  • Upload and store high-resolution photo and video files in commonly used formats such as .MOV and MP4. All files are hosted securely and accessible through the user dashboard.

Customizable Client Galleries

  • Create organized galleries to present and deliver your work. Galleries can be shared via direct link or email invitation. Users have full control over access settings, including whether downloading is allowed. Clients can view, label, and leave comments on individual files, making feedback and collaboration simple and efficient.

Link Sharing and Access Contro

  • Share individual files or entire galleries via secure links. Users have control over link permissions and visibility.

Subscription-Based Access

  • Cherrypics is available through subscription plans that vary by storage limits and features. Users can choose the plan that best fits their professional needs.

Media Organization Tools

  • Use folders and search functionality to manage and access your media library efficiently.

Cherrypics is continually evolving, and new features — including optional add-ons — may be introduced in the future to enhance the Service.

Cherrydeck GmbH reserves the right to modify, improve, or discontinue any part of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Creation

  • Users must register and provide accurate, up-to-date information.
  • Users are responsible for securing their login credentials and for all activity under their accounts.

3.2 Account Suspension/Termination

Cherrypics may suspend or terminate accounts without prior notice for:

  • Breach of these T&Cs.
  • Misuse of the Service.
  • Failure to pay subscription fees.

4. Content Ownership and Usage

4.1 Ownership

Users retain full ownership of all Content uploaded to the Service.

4.2 License to Cherrypics

By uploading Content, users grant Cherrypics a non-exclusive, revocable license to store, process, and display Content solely for service delivery.

4.3 Prohibited Content

Users may not upload Content that:

  • Violates intellectual property laws.
  • Is illegal, defamatory, obscene, or contains malware.

Cherrypics reserves the right to remove prohibited content and suspend offending accounts.

5. Subscription Plans, Free Trials, and Payments

5.1 Subscription Terms

  • Services are offered on a subscription basis. Plan details and fees are outlined on the Pricing Page.
  • Payment is required upfront for the chosen billing period (monthly or annually).

5.2 Free Trials

  • Free trials may be available for certain subscription plans.
  • During the trial period, users can access all features of the selected plan without charge.
  • Each user is limited to one free trial unless explicitly stated otherwise.
  • If the subscription is not canceled before the trial period ends, it will automatically convert to a paid subscription, and the registered payment method will be charged for the upcoming billing cycle.
  • Cherrypics reserves the right to revoke or limit trial access at its discretion.

5.3 Renewals

A subscription runs for the selected payment period and is automatically renewed for the selected payment period, unless the User terminates their membership in writing (e-mail is sufficient) with a notice period of 4 weeks to the end of the term or the respective renewal term. A refund of fees already paid for one of the memberships will not be made. After termination of the membership by the User, the User shall retain the basic access until its termination, but the additional features and services of the terminated membership shall cease to apply.

5.4 Payment Processing

Payments are processed securely via third-party providers. Users must ensure valid payment methods are maintained.

5.5 Failed Payments

If payment fails, Cherrypics may:

  • Suspend access to premium features.
  • Charge additional fees for payment failures.

5.6 Cancellations and Refunds

Users may cancel their subscription at any time via their account settings. Cancellation becomes effective at the end of the current billing cycle. Cherrypics does not offer partial or prorated refunds for unused subscription periods. Refunds are generally not provided, except in the following cases:

  • If required by applicable consumer protection laws,

  • If the user experienced a proven technical issue that prevented access to the Service, and the issue was not resolved after contacting support,

  • In cases of accidental duplicate payments, subject to review.

  • To request a refund, users must contact our support team within 24 hours of the charge.

6. User Responsibilities

Users agree to:

  • Use the Service lawfully and in accordance with these T&Cs.
  • Avoid sharing login credentials or unauthorized access.
  • Maintain backup copies of their uploaded Content.

7. Intellectual Property

  • All trademarks, logos, and platform designs are the property of Cherrypics.
  • Users may not use Cherrypics’ intellectual property without prior written consent.

8. Service Modifications

Cherrypics reserves the right to:

  • Modify or improve Service features.
  • Adjust pricing plans with prior notice.
  • Restrict or discontinue free services at any time.

9. Data Privacy

Cherrypics handles user data in compliance with GDPR and other applicable laws. For details, please refer to our Privacy Policy page.

10. Termination

10.1 By Users

Users may terminate their account at any time.

10.2 By Cherrypics

Cherrypics may terminate or suspend accounts for:

  • Breach of these T&Cs.
  • Non-payment of subscription fees.
  • Misuse of the Service.

10.3 Data Deletion

Upon termination, user Content will be deleted within 30 days, unless retention is required by law.

11. Availability of Services

Cherrypics aims for 95% annual uptime but does not guarantee uninterrupted Service. Unavailability may occur due to:

  • Maintenance.
  • Technical issues.
  • Events beyond Cherrypics’ control (e.g., force majeure).

12. Limitation of Liability

12.1 Cherrypics’ Liability

Cherrypics is not liable for:

  • Loss of Content due to user actions, negligence, or third parties.
  • Service interruptions caused by external factors.

12.2 General Limitation

Cherrypics’ liability is limited to cases of intentional misconduct or gross negligence.

13. Governing Law and Jurisdiction

  • These T&Cs are governed by the laws of the Federal Republic of Germany.
  • Disputes will be subject to the exclusive jurisdiction of the courts in Hamburg, Germany.

14. Changes to Terms and Conditions

Cherrypics reserves the right to update these T&Cs. Users will be notified of significant changes. Continued use of the Service after updates constitutes acceptance.

15. Contact Information

For inquiries, please contact:

Cherrydeck GmbH
(Operator of Cherrypics)
Fettstrasse 5A
20357 Hamburg, Germany
Email: [email protected]
Website: www.cherrypics.com/contact

Thank you for using Cherrypics! We’re excited to help you store and share your files securely and efficiently.