Website Terms of Service
Your use of the websites, services, platforms, and applications on which these terms reside, including each of their features (collectively, the "Platform"), is subject to these Website Terms of Use ("Terms"). Please read these Terms carefully before using the Platform. The Platform is owned and operated by Virality ("Virality," "we," "us," or "our"). The Platform is intended for use by adults.
BY ACCESSING THIS PLATFORM IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS PLATFORM, USING ANY INFORMATION, SUBMITTING INFORMATION TO VIRALITY, OR PARTICIPATING AS A CREATOR OR CLIENT, YOU AGREE TO COMPLY WITH APPLICABLE LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF GOVERNING LAW.
Please read these Terms carefully because they explain important information about your use of our Platform. By using our Platform, you agree to be bound by these Terms (including mandatory arbitration of disputes between us, instead of class actions or jury trials) and our Privacy Policy.
From time to time, and at any time, Virality may update this Platform and all or any portion of these Terms. Your use of this Platform after Virality posts any changes to these Terms constitutes your agreement to those changes from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Unless otherwise prohibited by applicable law, Virality may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in or to any account you may have with Virality, and that Virality will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated.
1. Definitions
"Client" means any individual, business, or entity that engages Virality's services for content distribution, marketing campaigns, or consulting services.
"Creator" means any individual who participates in Virality's creator network to produce, publish, or distribute content on behalf of Clients through the Platform.
"Content" means any videos, images, text, audio, scripts, captions, or other materials created, submitted, published, or distributed through the Platform.
"Campaign" means any organized content distribution effort coordinated through the Platform on behalf of a Client.
"Ghost Content" means content created and distributed by Creators through their own social media accounts on behalf of Clients, without explicit attribution to the Client unless otherwise specified.
"Platform" means Virality's websites, applications, portals, dashboards, and any related services or tools.
2. Virality Content and Intellectual Property
Content on this Platform that is provided by Virality or its licensors, including certain graphics, photographs, images, screenshots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, articles, data, code, videos, training materials, and the compilation of the foregoing ("Virality Content") is the property of Virality and its licensors, and is protected in the United States and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, reproduce, or use any Virality Content for use in any publications, in public performances, on websites other than this Platform for any commercial purpose, in connection with products or services that are not those of Virality, in any other manner that is likely to cause confusion, that disparages or discredits Virality and/or its licensors, that dilutes the strength of Virality's or its licensor's property, or that otherwise infringes Virality's or its licensors' intellectual property rights.
Virality's proprietary methodologies, frameworks, training materials, and operational processes ("Virality Methodology") are confidential and proprietary. Users shall not reproduce, distribute, license, sell, or create derivative works from the Virality Methodology without express written consent from Virality.
3. Use of the Platform
The following requirements apply to your use of the Platform:
(a) You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or in violation of these Terms.
(b) You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right without first obtaining the permission of the owner of such rights.
(c) You will not collect or store personal information about other users, Creators, or Clients without authorization.
(d) You will not use the Platform for any commercial purpose not expressly approved by Virality in writing.
(e) You will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.
(f) You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware.
(g) You will not engage in data mining, scraping, AI/LLM-training, or other unauthorized data collection from the Platform.
(h) You will not use the Platform for fraudulent purposes.
(i) You will not attempt to circumvent, disable, or otherwise interfere with security-related features of the Platform.
(j) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Subject to these Terms, you understand and agree that you have no ownership rights in or to any account you may have with Virality, or other access to the Platform or features therein. Virality may suspend or cancel your account and delete all content associated with your account at any time, and without notice, if Virality determines that you have violated these Terms or applicable law, or for any other reason.
4. Creator-Specific Terms
4.1 Creator Eligibility and Enrollment
To participate as a Creator in Virality's network, you must:
(a) Be at least eighteen (18) years of age or the age of majority in your jurisdiction.
(b) Own and control the social media accounts through which you will distribute content.
(c) Provide accurate and complete information during the enrollment process.
(d) Maintain active social media accounts in good standing with the applicable platforms.
(e) Comply with all applicable laws, regulations, and platform terms of service.
4.2 Content Creation and Distribution
As a Creator, you agree to:
(a) Create and distribute content in accordance with campaign briefs, guidelines, and specifications provided by Virality.
(b) Meet deadlines and quality standards as specified for each campaign.
(c) Maintain authenticity and comply with all applicable advertising disclosure requirements, including but not limited to FTC guidelines regarding sponsored content and material connections.
(d) Not distribute content that is false, misleading, defamatory, obscene, or otherwise objectionable.
(e) Not engage in artificial inflation of views, engagement, or other metrics through bots, purchased engagement, or other fraudulent means.
(f) Promptly notify Virality of any issues, platform violations, or content removals.
4.3 Content Rights and Licenses
By submitting or distributing content through the Platform or as part of any campaign:
(a) You grant Virality and its Clients a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such content for campaign purposes, analytics, reporting, case studies, and promotional materials.
(b) You represent and warrant that you own or have the necessary rights, licenses, and permissions to create and distribute the content and to grant the foregoing license.
(c) You acknowledge that content created for campaigns may remain on your social media accounts or be removed at your discretion, unless otherwise specified in campaign guidelines.
4.4 Compensation
(a) Creator compensation will be determined based on campaign performance, content quality, and other factors as specified by Virality.
(b) Payment terms, methods, and schedules will be communicated through the Platform or directly by Virality.
(c) Creators are solely responsible for all taxes applicable to compensation received from Virality.
(d) Virality reserves the right to withhold or adjust compensation for content that does not meet campaign requirements, violates these Terms, or involves fraudulent activity.
(e) Minimum payout thresholds may apply. Unclaimed balances may be forfeited after a period of inactivity as specified in the Platform.
4.5 Creator Conduct
Creators shall not:
(a) Directly solicit or accept work from Virality Clients outside of the Platform without Virality's written consent.
(b) Disclose confidential Client information, campaign strategies, or proprietary Virality materials to third parties.
(c) Engage in any conduct that could damage Virality's reputation or relationships with Clients.
(d) Misrepresent their account metrics, audience demographics, or engagement rates.
5. Client-Specific Terms
5.1 Services
Virality provides content distribution, marketing, and consulting services to Clients. The specific scope, deliverables, pricing, and terms for services will be set forth in separate service agreements, statements of work, or order forms between Virality and the Client.
5.2 Client Responsibilities
As a Client, you agree to:
(a) Provide accurate and complete information about your products, services, brand, and campaign objectives.
(b) Review and approve content, briefs, and materials in a timely manner.
(c) Ensure that products, services, and claims promoted through campaigns comply with all applicable laws and regulations.
(d) Provide necessary assets, access, and cooperation as reasonably required for campaign execution.
(e) Pay all fees and charges in accordance with the applicable service agreement.
5.3 Campaign Results and Performance
(a) Virality provides performance metrics and analytics as part of its services. While Virality strives for accuracy, metrics are provided "as is" and may be subject to limitations of third-party platforms.
(b) Virality does not guarantee specific results, views, engagement, conversions, or business outcomes from campaigns. Performance may vary based on numerous factors outside Virality's control.
(c) Clients acknowledge that organic content distribution involves inherent variability and that past performance is not indicative of future results.
5.4 Content Approval and Responsibility
(a) Clients are responsible for reviewing and approving content before distribution to ensure compliance with their brand guidelines, legal requirements, and applicable regulations.
(b) Virality is not responsible for claims arising from Client-provided materials, product defects, false advertising, or other issues related to the Client's products or services.
6. Accounts, Passwords, and Security
Certain areas of the Platform may require registration or otherwise ask you to provide information to participate in certain features or access certain content.
If the Platform requires you to create an account, you must complete the specified process by providing us with current, complete, and accurate information as requested. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data.
You are responsible for:
(a) Selecting a secure password and maintaining its confidentiality.
(b) All activities that occur under your account.
(c) Notifying Virality immediately of any unauthorized use of your account.
(d) Not sharing your login credentials with others.
Virality is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
7. Social Media Account Linking and API Integrations
7.1 Connected Accounts
To use certain features of the Platform, you may be required to connect your social media accounts (each a "Connected Account"). By linking a Connected Account, you:
(a) Authorize Virality to access, retrieve, store, process, and display data from your Connected Account as necessary to provide the Platform's features, including but not limited to username, profile information, content, engagement metrics, analytics data, and audience insights.
(b) Represent and warrant that you own or control the Connected Account and have the right to authorize our access.
(c) Agree that your use of the Platform through a Connected Account is also subject to the terms of service and privacy policies of the applicable social media platform.
7.2 Third-Party Platforms
Virality accesses Connected Accounts through APIs and under applicable platform developer terms and policies. We are not affiliated with or endorsed by any social media platforms. You understand that:
(a) Third-party platforms may change their APIs, terms, or policies at any time, which may affect Platform functionality.
(b) Virality is not responsible for actions taken by social media platforms regarding your accounts or content.
(c) You are responsible for complying with all applicable platform terms of service.
7.3 Revoking Access
You may revoke Virality's access to your Connected Accounts at any time through the relevant social media platform's settings or through the Platform. Revoking access may limit or terminate your ability to use certain Platform features.
8. Confidentiality
8.1 Confidential Information
Each party may have access to confidential information of the other party, including but not limited to business strategies, client lists, campaign details, pricing information, proprietary methodologies, and technical information ("Confidential Information").
8.2 Obligations
The receiving party agrees to:
(a) Maintain the confidentiality of Confidential Information using at least the same degree of care used to protect its own confidential information.
(b) Not disclose Confidential Information to third parties without the disclosing party's prior written consent.
(c) Use Confidential Information only for purposes related to the Platform and services.
8.3 Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is disclosed pursuant to legal requirement, provided the receiving party provides reasonable notice to the disclosing party.
9. Disclaimer of Warranties
VIRALITY MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS PLATFORM, THE VIRALITY CONTENT, USER CONTENT, OR ANY OTHER PLATFORM FEATURE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY SERVICES.
VIRALITY DOES NOT WARRANT THAT:
(a) The Platform will be uninterrupted, timely, secure, or error-free.
(b) The results obtained from use of the Platform or services will be accurate, reliable, or meet your expectations.
(c) Any specific level of views, engagement, conversions, or business results will be achieved.
(d) Third-party platforms will maintain compatibility with the Platform.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VIRALITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM OR SERVICES, EVEN IF VIRALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VIRALITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY YOU TO VIRALITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless Virality, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your use of the Platform or services.
(b) Your violation of these Terms.
(c) Your violation of any rights of another party.
(d) Content you create, submit, or distribute through the Platform.
(e) Your violation of any applicable laws, regulations, or third-party terms of service.
12. Dispute Resolution
12.1 Informal Resolution
If you have a dispute with Virality relating to these Terms, you shall first provide Virality with written notice describing the dispute in detail. Both parties agree to negotiate in good faith to resolve any dispute. If the dispute is not resolved within sixty (60) days after receipt of notice, the parties agree to the further dispute resolution provisions below.
12.2 Binding Arbitration
You agree that the sole and exclusive forum for any disputes that cannot be resolved informally shall be final and binding arbitration. Arbitration shall be administered by the American Arbitration Association under its applicable rules. The arbitration will be conducted before a sole neutral arbitrator.
12.3 Class Action Waiver
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST VIRALITY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
12.4 Jury Trial Waiver
BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN THEM TO THE FULLEST EXTENT PERMITTED BY LAW.
12.5 Time Limitation
Any claim, action, or proceeding related to these Terms must be brought within one (1) year after the cause of action arose.
13. Termination
13.1 Termination by You
You may terminate your account at any time by providing written notice to Virality. Termination does not relieve you of obligations incurred prior to termination.
13.2 Termination by Virality
Virality may suspend or terminate your account and access to the Platform at any time, with or without cause, with or without notice.
13.3 Effect of Termination
Upon termination:
(a) Your right to access and use the Platform immediately ceases.
(b) Virality may delete your account and associated data.
(c) Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to confidentiality, indemnification, limitation of liability, and dispute resolution.
(d) Outstanding payment obligations remain due and payable.
14. Modifications to Terms
Virality reserves the right to modify these Terms at any time. We will notify users of material changes by posting updated Terms on the Platform and updating the effective date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.
15. General Provisions
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of laws principles.
15.2 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
15.3 Entire Agreement
These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Virality regarding the use of the Platform.
15.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without Virality's prior written consent. Virality may assign these Terms without restriction.
15.5 No Waiver
The failure of Virality to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.6 No Agency
No agency, partnership, joint venture, or employment relationship is created between you and Virality as a result of these Terms or your use of the Platform.
15.7 Contact Information
For questions about these Terms, please contact us at:
Virality Email: team@virality.cc
16. Privacy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.
Last Updated: [DATE]