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Terms of Service

Last updated: 17 January 2024

Welcome to viralstud.io (hereinafter, the "Platform"), owned and operated by Ángel Sánchez Guerrero (hereinafter, "we," "us," or "our"), an individual residing in Spain. These Terms of Service (hereinafter, "Terms") govern your access to and use of the Platform, as well as any related services we provide (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Platform.

1. Description of the Service

1.1 Purpose

viralstud.io is a Software as a Service (SaaS) platform designed to automate the process of creating social media content, helping online businesses and other entities grow their social media presence organically. Through the Platform, users can upload and schedule the publication of videos, photos, and other types of content.

1.2 Intended Use

The Platform is primarily intended for commercial or professional use, but it is open to users of all ages. If you are a minor in your jurisdiction, you may need parental or guardian consent to use the Service.

While we are based in Spain, our target audience currently includes users in the United States and worldwide. You are responsible for ensuring that your use of the Service complies with all laws applicable in your jurisdiction.

2. Acceptance of the Terms

2.1 Binding Agreement

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2.2 Modifications

We reserve the right to change or modify these Terms at any time. If we do so, we will post the updated Terms on the Platform. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

3. User Accounts

3.1 Account Creation

To access the Service, you must create an account by providing accurate and complete information. You agree to keep your login credentials confidential and promptly notify us of any unauthorized use of your account.

3.2 Eligibility

Users of all ages may use the Platform; however, if you are under the age of majority in your jurisdiction, you must review these Terms with a parent or legal guardian to ensure you (and they) understand them.

By creating an account, you represent and warrant that you have the authority and capacity to enter into these Terms (or that your parent or legal guardian has read and agreed to these Terms on your behalf).

3.3 Account Types

We currently offer paid subscription accounts only. There is no free trial or free plan available at this time.

4. Subscriptions and Payment

4.1 Subscription Model

Use of the Service requires a monthly subscription fee. Specific subscription tiers, features, and pricing details are presented at the time of purchase and may be updated from time to time.

4.2 Billing and Payment

  • You will be charged in advance on a recurring, monthly basis until you cancel.
  • You agree to provide valid and up-to-date payment information.
  • All payments are processed through third-party payment processors. We do not handle or store payment card details directly.

4.3 Refund Policy

If you are dissatisfied with the Service, you must contact us within three (3) days of the purchase or renewal date to request a refund. Refunds are granted at our sole discretion. To request a refund, please email us at [email protected].

4.4 Subscription Cancellation

If you wish to cancel, you may do so at any time via your account settings. Cancellation will take effect at the end of the current billing period. Unless otherwise specified, no pro-rata refunds will be issued.

5. User Content

5.1 Ownership and Responsibility

Users may upload videos, photos, and other content (collectively, "User Content") to the Platform. You retain all rights to the User Content you upload. However, you grant us a worldwide, non-exclusive, royalty-free license to host, store, and display such User Content solely for the purpose of providing the Service.

5.2 User Obligations

By uploading User Content, you represent and warrant that:

  • You own or have the necessary licenses and rights to upload and share the User Content.
  • The User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights.
  • The User Content complies with all applicable laws and does not contain any harmful, offensive, or prohibited material.

5.3 Prohibited Content

You agree not to upload any content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable. We reserve the right to remove or restrict access to any User Content that violates these Terms or applicable law.

5.4 Storage Duration

Your User Content may be stored on our servers indefinitely, unless otherwise required by law or requested by you. For data deletion requests, please contact us at [email protected].

5.5 Content Disputes

If you have a complaint or dispute related to content hosted on the Platform, please contact us at [email protected] so we can review and address the issue.

6. User Conduct

6.1 Prohibited Activities

You agree not to:

  • Use the Service for any illegal or unauthorized purpose.
  • Access or attempt to access the accounts of other users without authorization.
  • Interfere with or disrupt the Service or servers/networks connected to the Service.
  • Transmit any viruses, worms, or harmful code.
  • Resell or sublicense the Service without our prior written consent.

6.2 Violation of Terms

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms.

7. Analytics and Third-Party Services

7.1 Analytics

We use third-party analytics services, such as PostHog, to better understand how users engage with the Platform. These providers may collect limited information about your usage of the Service in accordance with their own privacy policies. We do not use additional cookies beyond what is necessary for analytics or essential site functionality.

7.2 Authentication

We use Clerk to handle user account creation and login. By using the Platform, you agree to the terms of service and privacy policies of Clerk, as they may collect and store limited personal data for authentication purposes.

8. Data Requests and Deletion

8.1 Data Access and Deletion

If you wish to access, update, or request deletion of the data we hold about you, please email us at [email protected]. We will make a reasonable effort to respond promptly and comply with applicable laws.

9. Intellectual Property

9.1 Our Property

All rights, title, and interest in and to the Platform—excluding User Content—are the exclusive property of Ángel Sánchez Guerrero or our licensors. This includes, but is not limited to, the software, trademarks, logos, and any other materials associated with the Platform. You agree not to reproduce, modify, or distribute any part of the Platform without our prior written consent.

10. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any defects will be corrected.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Ángel Sánchez Guerrero be liable for any direct, indirect, incidental, special, consequential, or exemplary damages—including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses—arising out of or in connection with the use or inability to use the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ángel Sánchez Guerrero from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription and discontinuing use of the Service.

13.2 Termination by Us

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will cease. We reserve the right to delete or retain your User Content in accordance with our (future) Privacy Policy and applicable law.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any action related thereto will be governed by the laws of Spain, without regard to its conflict-of-laws principles.

14.2 Jurisdiction

Any dispute arising under or relating to these Terms shall be resolved by the competent courts of Spain, unless another venue is required by applicable law. If you reside outside of Spain, you are still required to submit to the jurisdiction of Spain's courts, except where local consumer protection laws mandate otherwise.

15. Miscellaneous

15.1 Severability

If any provision of these Terms is deemed invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

15.2 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous understandings.

15.3 No Waiver

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

15.4 Contact Information

If you have any questions about these Terms, want to request a refund, or have concerns about content, please contact us at [email protected].

By using viralstud.io, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.