TERMS OF SERVICE 1. Agreement Overview This Terms of Use ("Agreement") constitutes a legally binding agreement between Viral Growth, LLC, a Limited Liability Company organized under the laws of the State of Wyoming ("Viral Growth"), and the Customer ("Customer"). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and Viral Growth shall cease upon termination of this Agreement.
2. Service Plans Starter: Viral Growth shall deliver up to eight videos per calendar month.Viral Growth retains the right to begin work on new requests within three business days.Creator: This plan assigns a dedicated editor to the Customer. The customer is entitled to make twenty video requests per month. No fixed quantity of video deliverables per month is committed should the customer fail to make their maximum permitted amount of requests. Response time for new service items is within two business days. Customer understands and agrees that requests for complex and time consuming editing styles, as well as excessive revisions, will result in longer delivery times and may mean that the customer will be unable to receive the maximum number of videos which their plan allows for.Unlimited: Assigns two dedicated editors. Conditions of the Creator Plan apply, with concurrent work on two requests. These Service Plans are subject to modification, enhancement, or revision at Viral Growth's sole discretion. Customers should regularly review terms for updates.
3. Cancellation and Renewal Policy Customers must cancel their service at least seven days prior to the renewal date to avoid charges for the subsequent period. Failure to cancel within this timeframe will result in non-refundable charges due to the allocation of resources, such as assigned animators.
4. Automatic Acceptance of Work Work delivered to the Customer will be deemed automatically accepted 48 hours after delivery, unless the Customer provides specific feedback or requests revisions within this timeframe. This policy is in place to facilitate the timely commencement of editing the next video, ensuring that Customers receive the highest quantity of content possible within their service plan. 5. Pricing Plans and Refund Policy Customers may cancel their subscription at any time from their provided customer portal. However, as an animator is assigned to the account at the time of creation, no refunds are offered under any circumstances. In the event of a cancellation, Viral Growth ensures that the Customer will continue to receive the service as promised until the end of the current billing cycle. Please note, there are no partial month refunds, and the cancellation will take effect from the next billing cycle following the cancellation request. The Customer agrees that they will cancel their subscription through the provided billing portal linked on www.viralgrowth.io and that Viral Growth is not responsible for canceling customer plans on behalf of the customer. 6. Intellectual Property Rights While Viral Growth retains ownership of the underlying content of the Services, including software, designs, trademarks, logos, audio, video, and general text (collectively, the “Content”) that are part of the Services, the specific works created for a Customer as part of the service (e.g., custom videos) are the property of the Customer upon full payment for the respective billing cycle. All such works are protected by copyright and assigned to the Customer, consistent with the laws and regulations of the United States, foreign jurisdictions, and international conventions. This transfer of ownership applies exclusively to completed work paid for by the Customer and does not extend to the general Content owned by Viral Growth.
7. Ownership of Materials Consistent with the Intellectual Property Rights section, while Viral Growth retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design and original source files created specifically for the Customer’s project. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Viral Growth’s underlying tools, methods, or pre-existing materials. 8. Fonts In the event that any Project incorporates fonts not owned by Viral Growth and requiring a commercial license for legal reproduction, distribution, or public display, Viral Growth will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Fonts. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any Third-Party Fonts incorporated into a Project. 9. Customer Representations By using the Services, Customer represents and warrants that: Customer has the legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer will not access the Services through automated or non-human means; Customer will not use the Services for any illegal or unauthorized purpose; Customer’s use of the Services will not violate any applicable law or regulation. 10. Prohibited Activities Customers shall use the services provided by Viral Growth solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Viral Growth are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Customers are prohibited from:Reselling, redistributing, or otherwise exploiting the services or content created by Viral Growth for unauthorized commercial purposes.Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution. Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.The use of Viral Growth’s services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.
11. Feedback Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by Viral Growth ("Feedback") must be communicated through designated platforms, specifically Slack or ClickUp. This ensures that Feedback is properly recorded and addressed. Viral Growth shall retain ownership of all Feedback and is under no obligation to keep it confidential.Viral Growth is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Customers are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to. 12. Oversight Viral Growth reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. Viral Growth further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability.
13. Returns and Refunds All payments made to Viral Growth for services are non-refundable. This policy is in accordance with the stipulations set forth in the "Pricing Plans and Refund Policy" section, where it is specified that subscriptions may be canceled at any time, but no refunds are offered, regardless of the timing of the cancellation in relation to the billing cycle. Viral Growth commits to delivering the promised services until the end of the current billing cycle, following a cancellation request. This no-refund policy ensures operational efficiency and the continued high quality of service provided to all customers.
14. Modifications to Terms of Use Viral Growth reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. Viral Growth reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Customer.
15. Interruptions There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services. In the event of such interruptions, Viral Growth shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.
16. Governing Law These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.
17. Limitations of Liability and Indemnification Viral Growth, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from Customer’s use of the Services. Customer agrees to defend, indemnify and hold harmless Viral Growth from any loss, damage, liability, claim, or demand due to Customer’s use of the Services.
18. Customer Data The Customer is responsible for providing all necessary data and materials required for Viral Growth to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services. While Viral Growth takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to Viral Growth. In the event of any loss or corruption of data, Viral Growth will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.
19. Electronic Delivery of Materials Customer consents to receive electronic communications from Viral Growth and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.
20. Showcasing Work Viral Growth reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.
21. Termination These Terms of Use remain in effect until terminated by the Customer or Viral Growth. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. Viral Growth reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Use. Viral Growth may also suspend or terminate Customer's access to the Services for any substantial breach of these terms. Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. Viral Growth will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing projects.Contact InformationFor questions or comments regarding these Terms, please contact: VIRAL GROWTH LLC30 N GOULD STSHERIDAN82801WYOMING