Terms of Service

These Terms of Service (“Terms”) govern your use of Cheers, operated by Acumen Insights Group (ABN 63 574 909 931). By using Cheers, you're agreeing to these Terms - so please give them a read.

1. Acceptance of Terms

By using Cheers, you represent and warrant that:

• You are authorized to install and configure applications in your Slack workspace
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• You accept these Terms and our Privacy Policy

2. Description of Service

Cheers is a team recognition and rewards platform that provides:

• Automated recognition tracking through Slack messages and emoji reactions
• Customizable rewards system with point-based redemptions
• Analytics and reporting on team recognition patterns
• Integration with Slack for seamless workflow
• Administrative tools for workspace management

Cheers is provided as a Software-as-a-Service (SaaS) application and requires an active Slack workspace to function.

3. User Accounts and Security

Authentication: Cheers uses Slack OAuth for authentication. You do not create a separate password for Cheers.

Workspace Administrator Responsibilities: As a workspace administrator, you are responsible for:

• Managing user access and permissions within your workspace
• Configuring rewards, settings, and policies appropriately
• Ensuring your team's use of Cheers complies with these Terms
• Maintaining the security of your Slack workspace credentials

You agree to notify us immediately of any unauthorized access or security breach.

4. Acceptable Use Policy

We want Cheers to be a positive experience for everyone. When using Cheers, please don't:

• Use the Service for any illegal or unauthorized purpose
• Abuse, harass, threaten, or intimidate other users
• Send spam, chain letters, or other unsolicited communications
• Violate Slack's Terms of Service or Acceptable Use Policy
• Attempt to gain unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated means to access the Service without permission
• Remove or modify any proprietary notices or labels
• Interfere with or disrupt the Service or servers/networks connected to it
• Use the Service to collect or store personal data about other users without consent

We reserve the right to suspend or terminate access for violations of this policy.

5. Billing and Payment

Subscription Plans

Cheers offers the following subscription tiers:

• Starter Plan: For workspaces with 10 or fewer Monthly Active Users (MAU), free forever
• Business Plan: $1.50 per MAU per month, with a 14-day free trial
• Enterprise Plan: Custom pricing with volume discounts and dedicated support

Monthly Active Users (MAU)

MAU is defined as unique team members who give or receive cheers in a calendar month. Billing is calculated at the end of each calendar month based on actual usage.

Payment Processing

• All payments are processed securely through Stripe
• Business plan is billed at $1.50 per Monthly Active User with no minimum charge
• Charges are automatically processed at the end of each billing cycle
• You must keep a valid payment method on file for paid plans

Payment Failure

If a payment fails, your service will be paused until you update your payment method through the Stripe billing portal.

Cancellation

• You may cancel your subscription at any time from the billing dashboard
• Cancellations take effect at the end of the current billing cycle
• If your MAU drops to 10 or fewer after cancellation, you'll automatically move to the Starter plan
• No refunds are provided for partial months or unused services

Price Changes

We reserve the right to modify pricing with 30 days' notice. Existing customers will be grandfathered at their current rate for 90 days after any price increase.

6. Intellectual Property

Our Rights: Cheers and all related trademarks, logos, and service marks are owned by or licensed to us. All software, designs, and content are protected by intellectual property laws.

Your Data: You retain all rights to your data. By using Cheers, you grant us a limited license to use, store, and process your data solely to provide the Service.

Slack Trademarks: Slack and all related marks are trademarks of Slack Technologies, LLC. Cheers is not affiliated with or endorsed by Slack.

7. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted access:

• Starter and Business plans are provided on a "best effort" basis with no uptime SLA
• Enterprise plans may include uptime guarantees as specified in separate agreements
• We may perform scheduled maintenance with advance notice when possible
• We reserve the right to modify, suspend, or discontinue the Service with 30 days' notice

8. Limitation of Liability

Provided as-is: The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranty: We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

Limited Liability: To the maximum extent permitted by law, we 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 access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your data
• Any other matter relating to the Service

Maximum Liability: Our total liability to you for all claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

9. Data Protection and Privacy

Your use of Cheers is also governed by our Privacy Policy, which explains how we collect, use, and protect your data.

GDPR Compliance: For users in the European Economic Area, we process data in accordance with GDPR requirements. We act as a data processor, and you (the workspace administrator) act as the data controller.

Your Responsibility: You are responsible for ensuring that your use of Cheers, including any data you collect or process through the Service, complies with applicable privacy laws and regulations in your jurisdiction.

10. Termination

By You: You may terminate your use of Cheers at any time by:

• Uninstalling the Cheers app from your Slack workspace
• Canceling your subscription through the billing dashboard
• Contacting us to request account closure

By Us: We may suspend or terminate your access to the Service if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails and is not resolved within 7 days
• We are required to do so by law
• We decide to discontinue the Service (with 30 days' notice)

Effect of Termination: Upon termination, your right to use the Service will immediately cease. For information about data deletion after termination, please see our Privacy Policy.

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from these Terms or your use of the Service shall be resolved through:

1. Informal negotiation between the parties for 30 days
2. If unresolved, binding arbitration or mediation (for Enterprise customers)
3. For all other disputes, the exclusive jurisdiction of the courts of New South Wales, Australia

Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date at the top of this document
• We will notify workspace administrators via email or in-app notification
• For significant changes, we will provide at least 30 days' notice

We'll always give you a chance to review significant changes before they take effect. If you disagree with any updates, you can stop using the Service at any time.

13. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cheers regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have questions about these Terms of Service, please contact us: