Terms of Service

These Terms of Service ("Terms") govern your use of the Cheers mobile app and the cheers.fm website (together, the "Service"), operated by Deep South Software L.L.C., an Alabama limited liability company ("Deep South Software," "we," "us"). By using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who can use Cheers

You must be at least 18 years old (or the age of majority where you live) to use the Service. Venue promotions and drink specials shown in the Service are provided by venues and are intended only for people of legal drinking age — please enjoy responsibly. You are responsible for following the law and each venue's own rules, including age restrictions at the door.

2. Your account

Keep your account information accurate and your credentials secure. You are responsible for activity on your account, and you should tell us right away at [email protected] if you believe it has been accessed without your permission.

3. Check-ins and live signals

The value of Cheers is that its live signal is real. Check-ins, crowd levels, and vibe votes must reflect your honest, in-person experience. Do not spoof your location, automate check-ins, or coordinate to manipulate a room's signal. To protect signal integrity we may rate-limit, re-weight, or discard signals and may suspend accounts that game them.

4. Your content

You own the content you post — comments, photos, and clips. So that the Service can work, you grant Deep South Software a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute that content as part of operating and promoting the Service — for example, a photo you post from a show appears on that show's page in the app and on cheers.fm. This license ends when you delete the content or your account, except for copies we must retain for legal reasons and signals already combined into anonymous aggregates.

Only post what you have the right to post, and be considerate when filming at shows — respect venue recording policies and other people's privacy. We may remove or decline to display any content at our discretion, including holding new media for moderation.

5. Acceptable use

• No illegal, harassing, hateful, deceptive, or infringing content or behavior.
• No impersonating people, venues, or artists.
• No probing, scraping at scale, evading rate limits, or accessing the Service or its data without authorization.
• No reverse engineering or interfering with the Service, except where the law says we cannot restrict it.

6. Venues and artists

If you claim a venue or artist page, you confirm you are authorized to represent it and that the verification information you provide is genuine. Specials, updates, and event details you publish must be accurate, lawful (including rules that apply to alcohol promotions), and honored as posted. We may approve, decline, or revoke claims at any time. Any transaction between you and your patrons is between you and them — we are not a party to it.

7. Event information

Listings are gathered from venues, artists, and public sources, and things change — lineups shift, sets run late, specials end. Confirm details with the venue before you head out. Ticket links go to third-party sellers whose own terms apply; we do not sell tickets. Crowd and vibe readings are user-generated and best-effort — we make no promise about what a room will actually feel like when you arrive.

8. Our intellectual property

The Service itself — the software, design, and Cheers brand — belongs to Deep South Software and its licensors. These Terms do not grant you any rights in it beyond using the Service as intended. If you send us feedback or ideas, you agree we can use them without restriction or compensation.

9. Termination

You can stop using the Service at any time and can delete your account from the You tab in the app. We may suspend or terminate accounts that violate these Terms or put the Service or its users at risk, and we may change or discontinue features of the Service.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied — including accuracy of listings and live signals, merchantability, fitness for a particular purpose, and non-infringement. Venues are responsible for their own events, premises, and promotions.

11. Limitation of liability

To the maximum extent permitted by law, Deep South Software will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of $50 or the amount you paid us in the twelve months before the claim. Some jurisdictions do not allow certain limitations, so these apply to the fullest extent permitted where you live.

12. Indemnification

You agree to indemnify and hold Deep South Software harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your content, your use of the Service, or your violation of these Terms.

13. Governing law

These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Alabama, and you consent to their jurisdiction.

14. Changes to these Terms

We may update these Terms from time to time. We will post the new version here and update the date at the top; for material changes we will give you notice in the app or by email. Continuing to use the Service after a change means you accept the updated Terms.

15. Everything else

These Terms and the Privacy Policy are the entire agreement between you and Deep South Software about the Service. If part of these Terms is found unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not assign these Terms; we may assign them as part of a merger, acquisition, or sale of assets.

16. Contact

Deep South Software L.L.C. · Alabama, USA · [email protected]