Cherry on Art Platform (Operating Entity: Inno Tech (Shanghai) Ltd.)

Welcome to the Cherry on Art platform!

Before using the Cherry on Art platform and/or any other services provided by Cherry on Art (collectively, the “Services”), please read carefully this Cherry on Art Platform “User Agreement” (hereinafter referred to as the “Agreement”) and the “Privacy Policy”. Particular attention should be paid to the bolded and underlined sections, which involve important provisions regarding liability limitations, rights allocation, and dispute resolution. If you disagree with this Agreement or any provision herein, you must immediately terminate the registration process.

Before using the Services, please ensure that:

You possess the legal capacity, under the laws of the People’s Republic of China, to engage in actions appropriate to your behavior, and you are over 18 years old. If you are under 18 years of age or otherwise lack the legal capacity suitable for user behavior, please read and decide whether to accept this Agreement accompanied by your legal guardian. Pay special attention to the provisions regarding Minors’ Use of the Platform.

By checking “Agree” to this User Agreement, you confirm that you have fully read, understood, and accepted all terms of this Agreement, and thereby enter into a binding agreement with Cherry on Art and become a “User” of the platform. The Agreement shall then become effective.

1. Definitions and Scope of Agreement

1.1 This Agreement comprises the Terms of Use and Code of Conduct (collectively, the “Terms”) of the Cherry on Art platform, entered into by and between you (the “User”) and the operator of the Cherry on Art platform (operated by Inno Tech (Shanghai) Co., Ltd.). This Agreement is legally binding on both parties.

1.2 The “Cherry on Art platform” refers to the online service system operated by Cherry on Art, including the Cherry on Art website (www.cherryonart.com), the Cherry on Art WeChat Mini Program, as well as related products and/or services provided through new forms of clients that may emerge with technological developments.

2. Account Security and Usage Rules

2.1 Registration and Accuracy of Information:

1) Upon registration, you must provide truthful, valid, and complete personal information (including but not limited to email address, mobile phone number) and complete identity verification. If any information is false or invalid, the Platform reserves the right to suspend or terminate services, and you shall bear all consequences arising thereof.

2) When required by law for Cherry on Art, as a service provider, to verify user information, Cherry on Art will conduct checks as mandated. You must cooperate by providing current, truthful, complete, and valid information. If your submitted information is false, invalid, illegal, or incomplete, you shall bear all losses and adverse consequences incurred to yourself, others, or Cherry on Art.

2.2 Account Registration Restriction: You understand and agree that each user may only register and use one account on the Cherry on Art platform. Malicious registration (including frequent or bulk registrations) is prohibited. If Cherry on Art has evidence or reasonable grounds to believe that you have registered improperly or are using multiple accounts, it reserves the right to freeze or cancel your account, void orders, refuse to provide services, and take other necessary actions. You shall compensate for any losses incurred by Cherry on Art or related parties as a result thereof.

2.3 Responsibility for Account Safekeeping:

1) You are responsible for safeguarding your account password and logging out promptly after use. Cherry on Art shall not be liable for losses such as account theft or information leakage due to poor password security, and you must pursue recourse against the infringing party yourself.

2) The account is strictly for personal use by you. Any sharing, lending, renting, transferring, or selling of your account to others is prohibited. If Cherry on Art discovers, or has reasonable grounds to believe, that the account user is not the original registrant, it reserves the right to suspend or terminate service to that account and to cancel the account outright. Cherry on Art may also hold you liable for breach of contract, and you shall bear all resulting liabilities and consequences.

3) You are responsible for all actions performed under your account, including but not limited to signing agreements, posting information, and purchasing products.

2.4 Content and Conduct Requirements: During your use of the Cherry on Art platform, you may set your account’s display name and other identifying information. You must ensure that these content and formats comply with applicable laws and regulations (as defined herein: including current effective statutes, administrative regulations, judicial interpretations, local regulations, departmental rules, normative documents, subsequent amendments, and related policy provisions), public order and moral standards, social customs, and the rules of the Cherry on Art platform. Furthermore, they must not infringe upon the legal rights of any third party. If you violate these provisions, Cherry on Art reserves the right to immediately suspend service, freeze or delete your account, and you will bear all legal liability arising therefrom.

3. Protection of User Personal Information

3.1 Collection and Use of Information:

1) Cherry on Art will collect, use, store, and share your personal information (including registration data, transaction records, device information, etc.) in accordance with this Agreement and the “Privacy Policy”. The retention period will be for the duration your account is active or as otherwise required by law.

2) Matters not explicitly addressed in this Agreement regarding personal information protection shall be governed by the detailed provisions set forth in the Cherry on Art “Privacy Policy”.

3.2 Restrictions on Third-Party Disclosure: Cherry on Art will not transfer or disclose your personal information to any third party unless one of the following applies:

1) Disclosure is required by applicable laws, regulations, or requests from judicial or administrative authorities.

2) Transfer is necessary to complete a merger, division, acquisition, or asset transfer.

3) Disclosure is necessary to provide services you have requested.

4) Disclosure or transfer is permitted under the “Privacy Policy” or other applicable agreements and rules.

3.3 Protection of Minors: Minors must provide personal information under the guidance and supervision of their legal guardians.

3.4 Handling of Information Post-Account Deletion: You may request account deletion via customer service channels. After account deletion, Cherry on Art will delete or anonymize your personal information as required by applicable laws and regulations, unless otherwise specified by law.

4. Third-Party Products or Services

4.1 Third-Party Links and Services: The Cherry on Art platform may contain links to third-party websites or functionality (“Linked Sites”) that are not owned or controlled by Cherry on Art. These may include sites operated by third parties on behalf of Cherry on Art to provide certain services, such as payment processing or logistics.

4.2 Risk Assumption:

1) You should evaluate the reliability and security of any Linked Sites independently and take necessary precautions to protect your devices and data. Cherry on Art does not own or control any Linked Sites and does not monitor or assume responsibility for their content, privacy policies, or practices.

2) Cherry on Art makes no express or implied warranties regarding the quality, safety, or legality of any content, products, or services on Linked Sites. You agree that Cherry on Art shall not be liable for any damage or loss arising from your access to, use of, or reliance on any products, services, resources, or content available on Linked Sites.

5. Intellectual Property Right

5.1 Platform Content: All content provided by Cherry on Art on the Platform-including but not limited to webpages, text, graphics, logos, layout designs, button icons, images, photographs, technologies, programs, electronic documents, audio, video, software, and other materials-are the exclusive intellectual property of Cherry on Art. No person may use or create derivative works based on this content in any form without Cherry on Art’s prior written consent.

5.2 Software and Technology: All intellectual property rights-including copyrights, patents, trademarks, and other proprietary rights-related to the software underpinning the Platform (including but not limited to its source code, design, functionality, and related technologies) are owned by Cherry on Art or its legitimate rights holders. Any unauthorized use, copying, modification, or distribution of such software and technology is strictly prohibited without Cherry on Art’s prior written permission.

6. User Conduct Requirements

6.1 When using the Cherry on Art platform, you must comply with all applicable laws and regulations. You may not create, reproduce, publish, or disseminate any information or engage in any of the following behaviors; nor may you assist others in doing so:

1) Content opposing the fundamental principles established by the Constitution.

2) Content jeopardizing national security, disclosing state secrets, subverting state power, or undermining national unity.

3) Content damaging national honor and interests.

4) Content inciting ethnic hatred, ethnic discrimination, or harming ethnic unity.

5) Content violating national religious policies, promoting cults or feudal superstitions.

6) Content spreading rumors, disturbing social order, or compromising social stability.

7) Content distributing obscenity, pornography, gambling, violence, murder, terrorism, or facilitating criminal activity.

8) Insulting, defaming others, or infringing upon their legitimate rights.

9) Content violating the Chinese “seven bottom lines” of legal norms: legal, socialist system, national interests, citizens’ rights, public order, moral standards, and information authenticity.

10) Conduct involving spam, phishing, scams in the platform’s name, web-scraping, crawling, or other forms of abuse.

11) Collecting or tracking others’ personal information without authorization.

12) Infringing upon the intellectual property rights, trade secrets, publicity rights, or privacy rights of Cherry on Art or others.

13) Violating applicable laws, this User Agreement, the "Privacy Policy", or other platform rules.

6.2 If you violate any of the prohibitions listed above, Cherry on Art reserves the right to independently determine and promptly take appropriate actions, including but not limited to deleting or blocking content via technical means; suspending or terminating your access to services; freezing or canceling your account; and pursuing legal remedies as necessary.

6.3 You shall bear full responsibility for any losses resulting from your violation of any of the prohibited behaviors outlined above, whether incurred by yourself or others. Cherry on Art shall bear no liability.

7. Transaction Rules and Service Terms

7.1 Order Information and Responsibility:

1) When purchasing products on the Cherry on Art platform, you must carefully verify all details，including product name, price, quantity, and delivery address，ensuring accuracy. If your provided details are inaccurate, incomplete, or incorrect, resulting in incomplete orders, undelivered items, or other adverse consequences, you bear full responsibility, and Cherry on Art shall not be held liable.

2) If the recipient of products purchased through the Cherry on Art platform is someone other than yourself, that recipient’s actions and expressions of intent will be deemed as your own.

3) You must make purchases based on genuine consumption needs. You must not engage in malicious purchasing, fraudulent claims, or other behaviors that disrupt normal transaction order on the Cherry on Art platform. If such behavior is detected, Cherry on Art reserves the right to refuse service, cancel orders, freeze accounts, or terminate this Agreement.

7.2 Product Presentation and Pricing Statements

7.2.1 Cherry on Art will make every reasonable effort to ensure that product images accurately represent the actual products. However, slight color variations may occur due to device display differences. Actual items should be considered as the standard.

7.2.2 Cherry on Art endeavors to ensure accuracy and completeness of product prices, images, descriptions, and other relevant information on the platform. However, in cases of technical errors or human mistakes resulting in incorrect, incomplete, or outdated information, Cherry on Art reserves the right to:

1)  Correct erroneous information.

2)  Modify or update content.

3)  Cancel orders containing erroneous information.

7.2.3 Product prices may change in response to market conditions. Prior to adjustments, notifications will be provided via platform announcements, in-platform notice, or email.

7.3 Shipping and Delay Notice: Order processing and shipment times on Cherry on Art may vary depending on product availability and supplier production timelines. You can check your order status and tracking information in real time via the Cherry on Art platform. While we endeavor to ship orders promptly, Cherry on Art shall not be held liable for delivery delays caused by any of the following:

1)  Courier or logistics service delays.

2)  Acts of nature or other force majeure events.

7.4 Promotional Activity Rules

7.4.1 Any limited-time discounts or promotional campaigns (“Promotions”) on the platform are subject to separate rules. Please review the campaign terms and the “Privacy Policy” before participation. In case of conflict between Promotion rules and this Agreement, the Promotion rules shall prevail, and the discounts are valid only within legal bounds.

7.4.2 Cherry on Art reserves the right to modify, suspend, or terminate any Promotion at its discretion and shall not be liable for any resulting outcomes. Cherry on Art is not responsible for any losses or liabilities stemming from cancellation of promotions, rule changes, or factors beyond its control.

7.5 Use of Benefits and Privileges: You are not permitted to transfer directly or indirectly any discounts, coupons, or benefits associated with your account or use your account to conduct profit-making activities. If Cherry on Art determines that a user is engaging in fraud, abuse of benefits, or violating principles of good faith, it may suspend services, freeze the account, terminate this Agreement, and revoke any improperly obtained benefits.

7.6 Cherry on Art may alter service content, or suspend, discontinue, or terminate services based on operational strategy adjustments. Cherry on Art is not liable for any user losses arising from such business adjustments.

8. Legal Compliance Obligations

8.1 You must comply with all applicable local laws, regulations, and ethical standards when using the platform’s services. You bear full responsibility for any violation.

8.2 You must not engage in behavior through the platform that causes Cherry on Art to violate laws, regulations, or become involved in political or public affairs. Cherry on Art reserves the right to suspend or terminate your service and pursue legal liabilities (including compensation) if such situations occur.

9. User Content and Complaint Handling

9.1 You bear full responsibility for any content you post (including webpages, text, images, and other media), ensuring that it is lawful and that you have obtained all necessary authorizations. If your content violates laws or infringes third-party rights, Cherry on Art reserves the right, at its sole discretion, to remove or block the content or sever links associated with it.

9.2 Complaint and Dispute Resolution:

1) Disclosure of Information: In handling complaints, Cherry on Art may disclose relevant information， such as the identities of disputing parties, contact details, and complaint content to the necessary parties or governmental bodies to resolve the dispute.

2) User’s Guarantee: You warrant the authenticity, legality, and validity of any information, materials, or evidence you submit during complaint proceedings.

10. Limitation of Liability

10.1 Force Majeure: Cherry on Art will make every effort to assist when services are disrupted by unforeseeable and unavoidable events such as natural disasters, wars, government actions, or other force majeure events, or due to uncontrollable factors like power outages or third-party service interruptions. However, to the fullest extent permitted by law, Cherry on Art shall not be liable for damages resulting from such disruptions.

10.2 Service Performance: Within the limits of applicable law, Cherry on Art shall not be liable for service issues including performance obstacles, defects, or delays resulting from:

1) Public Utilities or Third-Party Issues: Public utilities or third-party factors (e.g., power or network failures).

2) Technical Maintenance and Security: Routine or emergency system maintenance, equipment failures, or network/data security issues, provided Cherry on Art has exercised due management.

3) User-Related Issues: User error or unauthorized methods of using the platform.

4) Device-Related Issues: Outdated software versions, aging equipment, or compatibility issues.

5) Other Uncontrollable Circumstances: Other situations beyond Cherry on Art’s control or reasonable foresight.

10.3 Online Risks and Information Liability: Cherry on Art bears no responsibility for the truthfulness, suitability, or legality of user-posted content and is not liable for damages arising from third-party infringements. Risks include but are not limited to:

1)  Anonymous or impersonated postings containing threats, defamation, offensive, or illegal content.

2)  Misleading or fraudulent conduct by others causing psychological, physical, or financial harm.

3)  Any other risks arising from online information or user conduct.

10.4 Scope of Cherry on Art’s Rights: Cherry on Art may act against unlawful content, but such action is at its discretion and does not constitute an obligation. It cannot guarantee the timely detection or handling of all infringements.

10.5 Third-Party Disputes: You agree that any rights disputes, claims, or lawsuits arising from third-party use of the platform are your sole responsibility. Such claims shall not be directed against or pursued through Cherry on Art.

10.6 Property-Related Disputes: In property-related matters (e.g., borrow money, password requests), you must verify the identity of other parties involved. Cherry on Art will not be liable for any losses arising from such transactions.

11. Breach and Compensation

11.1 If you violate laws, regulations, or any terms of this Agreement while using the Platform services, it shall be deemed a breach:

1)  Violating applicable laws and regulations.

2)  Violating this Cherry on Art Platform User Agreement and/or any other relevant agreements.

11.2 Depending on the nature and severity of the breach, Cherry on Art may take one or more of the following measures:

1)  For content published by users on the Cherry on Art platform that is suspected of breaching this Agreement, Cherry on Art has the right to independently determine and take actions such as issuing prior warnings, refusing publication, immediately stopping information transmission, deleting or blocking content, restricting some or all account functions, or permanently closing the account.

2)  For actions that cause adverse effects to Cherry on Art and/or other users, Cherry on Art may take actions such as canceling orders, restricting certain service permissions, canceling collections and/or freezing funds, deducting penalties, or freezing accounts.

3)  For violations of special provisions announced by the Cherry on Art platform, Cherry on Art may take actions such as canceling transactions, closing orders, restricting certain service permissions, canceling collections and/or freezing funds, freezing accounts, or deducting penalties.

4)  For actions suspected of criminal activity, Cherry on Art has the right to preserve relevant records and report to the competent authorities in accordance with the law, and cooperate with investigations.

5)  For actions causing significant adverse consequences to Cherry on Art and/or other users, Cherry on Art has the right to freeze/ban or terminate user accounts, seek compensation from the user, or directly deduct from the user’s Cherry on Art account any losses incurred by Cherry on Art, including but not limited to direct economic losses, reputational losses, compensation, settlement payments, attorney fees, and litigation costs.

11.3 Data Anomaly Determination: Cherry on Art may reasonably determine abnormal data behavior based on user data comparisons and market norms. You are required to provide reasonable explanations and evidence for abnormal data; otherwise, it will be deemed a breach.

11.4 Platform Liability Cap: In the event of losses caused by technical failures or mismanagement of Cherry on Art, the compensation liability shall not exceed:

1)  For artist users: the total amount paid to you by the platform.

2)  For non-artist users: the total amount you paid to the platform.

11.5 Unless otherwise explicitly stipulated in this Agreement, the provisions on compensation shall remain fully effective even after the termination or expiration of this Agreement. Even after the Agreement ends, the compensation clauses will continue to apply to all claims arising from actions or events related to the performance or termination of this Agreement.

12. Effectiveness and Amendments of the Agreement

12.1 This User Agreement comes into effect from the date you check “Agree.”

12.2 Supplementary Agreement: The Cherry on Art Platform "Privacy Policy", platform rules, and other policies, rules, and standards (collectively, “Supplementary Agreements”) constitute supplementary agreements to this Agreement, are inseparable from it, and have the same legal effect. Your use of Cherry on Art Platform services indicates your acceptance of the Supplementary Agreements.

12.3 Amendment of Agreement: Cherry on Art reserves the right to modify this Agreement and Supplementary Agreements. Prior to the effective date of any amendments, Cherry on Art will publicly post the changes on the Platform at least seven (7) business days in advance in accordance with legal procedures. You may review the latest version of the Agreement on the relevant service page. Upon the effectiveness of the amended terms, continued use of the software or services provided by the Cherry on Art platform shall be deemed as your acceptance of the amended Agreement.

13. Termination of the Agreement

13.1 You may terminate this Cherry on Art Platform "User Agreement" at any time under the following circumstances:

1) Account Cancellation: If you meet the platform’s account cancellation conditions (e.g., no pending transactions or unsettled payments, no unresolved disputes or legal issues, no legal or regulatory requirement to retain account information, no active artist account, account not frozen, etc.) and successfully complete the account cancellation. After cancellation, you will not be able to recover any account data (such as order history or personal information) or related account benefits (such as coupons).

2) Refusal of Amendments: Before the amendments take effect, you stop using Cherry on Art platform services and explicitly indicate your unwillingness to accept the changes.

3) Voluntary Termination: You explicitly indicate that you no longer wish to use Cherry on Art platform services and meet the platform’s service termination requirements.

13.2 Cherry on Art may, without prior notice, suspend or terminate the provision of services to you under any of the following circumstances:

1)  Unauthorized use of another person’s account, posting prohibited content, defrauding or stealing others’ property, disrupting trading order, using improper means for profit, or using the platform services for non-personal consumption purposes.

2)  Fraudulent behavior or any other act infringing upon the lawful rights of Cherry on Art or any third party.

3)  Repeatedly violating this Agreement and/or other agreements with serious consequences.

4)  Using the platform services for unauthorized commercial activities or illegal profit-making.

5)  Violating laws, regulations, this Agreement and/or other agreements, resulting in other circumstances where Cherry on Art reasonably deems service termination appropriate.

6)  As required by laws, regulations, or requests from judicial authorities or competent government departments.

7)  For security reasons or other necessary circumstances.

13.3 After the termination of this Agreement, the handling of user rights and interests shall be as follows:

1)  Invalidation of Benefits: Coupons or any other free user benefits in the account shall immediately expire.

2)  Information Handling: Personal information shall be deleted or anonymized within seven (7) business days after account cancellation (except as otherwise required by law), and information in backup systems shall be securely stored until it can be safely removed.

3)  Payment Responsibilities: Users remain responsible for all payments due up to and including the termination date, and such obligations shall not be affected by the termination of the Agreement.

13.4 After the termination of this Agreement, Cherry on Art shall retain the following rights:

1)  Preserve user-stored information on the platform in accordance with laws and administrative regulations.

2)  Pursue user liability for breach of contract or infringement during the performance of the Agreement;

3)  Provide necessary information and assistance to claim compensation from third parties for losses caused by user actions, within the limits permitted by law.

4)  Pursue user liability for losses suffered by Cherry on Art due to user breaches.

14. Governing Law and Jurisdiction

14.1 Governing Law: The formation, validity, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China (Mainland China, excluding conflict-of-law rules).

14.2 Dispute Resolution: Any disputes arising from or in connection with this Agreement shall be submitted to the Shanghai International Economic and Trade Arbitration Commission (SHIAC) for arbitration in accordance with its current rules. Both Parties acknowledge and agree that arbitration proceedings shall be conducted primarily online via information networks, unless SHIAC determines that in-person proceedings are necessary based on the circumstances of the case.The arbitration award shall be final and binding on both parties.

14.3 Service of Documents

14.3.1 Notices, arbitral awards, mediation statements, and any other documents issued by the arbitral institution in the course of the arbitration proceedings shall be deemed duly served if delivered by any of the following means:

1)  By email to the following addresses:

2) The Cherry on Art platform email: Hello@cherryonart.com;

3) The email address used by the User for account registration.

4)  By transmission through the online system platform of the arbitration commission to the email address associated with the User’s registered account.

5)  By any other reasonable method of service deemed appropriate by the arbitral institution.

14.3.2 Service shall be deemed completed:

1)  For email delivery, on the date the email enters the recipient’s designated email system.

2)  For SHIAC’s online system delivery, on the date the document becomes available for access by the recipient.

3)  For other electronic methods, on the date the system confirms successful transmission or first successful receipt.

14.3.3 Change of Contact Information

1)  If either party changes its designated email address or other contact details, it shall notify the other party and SHIAC in writing (including electronically) within three (3) business days.

2)  Failure to provide such timely notice shall render service to the originally designated contact information valid and effective.

3)  If service fails due to inaccurate contact details, untimely updates, or technical reasons, the responsible party shall bear the consequences.

15. Minors’Use of the Platform

15.1 Minors under the age of 18 shall use the platform services under the supervision, guidance, and consent of a legal guardian.

15.2 Minors should pay attention to the following when using the services:

1)  Network Awareness: Distinguish between online and real-world activities to avoid addiction affecting study or life.

2)  Information Protection: Fill in personal information cautiously to prevent harassment.

3)  Guardian Guidance: Use the Internet correctly under the guidance of a guardian.

4)  Safety Precautions: Avoid meeting strangers online and be aware of potential risks.

15.3 Guardian Responsibility: Guardians should strengthen guidance for minors, pay attention to their online safety, and prevent risks through communication and supervision.

15.4 Legal Consequences: If minors violate laws, regulations, this Agreement, or supplementary agreements, both the minor and their guardians shall bear all legal consequences.

15.5 Adults who are over 18 but do not have full civil capacity for any reason shall follow the provisions of this clause.

16. Miscellaneous

16.1 Restriction on Assignment of Rights and Obligations: You may not assign all or part of your rights or obligations under this Agreement (whether actively or passively). Cherry on Art reserves the right to assign its rights and obligations under this Agreement, provided that the assignment does not materially impair your legal rights.

16.2 Reservation of Rights: Failure by Cherry on Art to timely exercise or enforce any rights or provisions under this Agreement shall not constitute a waiver of such rights or provisions.

16.3 Continuation of Effect After Termination: The following clauses shall remain effective after the termination or expiration of this Agreement: Article 5 (Intellectual Property Right), Article 10 (Limitation of Liability), Article 11 (Breach and Compensation), and Article 16 (Miscellaneous).

16.4 All titles of the clauses in this Agreement are for reading convenience only and shall not be used to interpret the meaning of the Agreement.

16.5 Partial Invalidity: If any clause of this Agreement is invalid or unenforceable for any reason, the remaining clauses shall remain effective and binding on both parties.

16.6 If you have any opinions or suggestions regarding this Agreement or platform services, you may contact Cherry on Art via email at Hello@cherryonart.com.