Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("you", "your", "user") and ViralWell AI ("we", "us", "our", or "ViralWell AI") governing your access to and use of ViralWell AI's website, mobile applications, and services (collectively, the "Services").

ViralWell AI is a creator advertising platform that connects brands with content creators across multiple social media platforms including YouTube, TikTok, Instagram, and Facebook. By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Services.

2. Platform-Specific Terms

Your use of ViralWell AI's integrations with third-party social media platforms is subject to both these Terms and the respective platform's terms of service. By using our platform integrations, you expressly acknowledge and agree to comply with the following third-party terms:

2.1 YouTube Integration

By using our YouTube integration features, you agree to be bound by the YouTube Terms of Service. Your use of YouTube data through ViralWell AI is also subject to the YouTube API Services Terms of Service.

2.2 TikTok Integration

By using our TikTok integration features, you agree to the TikTok Developer Terms of Service and TikTok Terms of Service. All content posted to TikTok through ViralWell AI is subject to TikTok's content moderation policies and community guidelines.

2.3 Meta Platform Integration (Facebook & Instagram)

By using our Facebook and Instagram integration features, you agree to the Meta Platform Terms, Facebook Terms of Service, and Instagram Terms of Use.

If any provision of these Terms conflicts with the terms of service of YouTube, TikTok, Facebook, or Instagram, the third-party platform's terms shall prevail with respect to your use of that specific platform integration.

3. Eligibility and Account Responsibilities

3.1 Age Requirements and COPPA Compliance

You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction, such as 16 in the European Economic Area) to use the Services. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

The Services are not intended for children under 13 years of age. We comply with the Children's Online Privacy Protection Act (COPPA) and do not knowingly collect personal information from children under 13. For content designated as "Made for Kids" on platforms like YouTube, we disable tracking and ensure all data collection is COPPA and GDPR compliant.

Effective April 22, 2026, in accordance with updated CCPA requirements, we implement mandatory opt-in consent for targeted advertising for users under 18, along with enhanced protections for automated decision-making technologies.

3.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms and that the entity agrees to be responsible for your use of the Services.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, whether or not authorized by you
• Providing accurate, current, and complete information during registration and throughout your use
• Promptly updating your account information to keep it accurate and current
• Immediately notifying us of any unauthorized use of your account or security breach

We reserve the right to suspend or terminate accounts that provide false, inaccurate, or misleading information, or that are inactive for extended periods.

3.4 Social Media Account Connections

When you connect social media accounts (YouTube, TikTok, Instagram, Facebook) to ViralWell AI, you grant us permission to access and use the data from those accounts as described in our Privacy Policy. You represent and warrant that you have the authority to grant such permissions and that you comply with all terms and policies of the connected platforms.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Activities

• Violate any applicable local, state, national, or international law, regulation, or treaty, including but not limited to laws regarding data protection, intellectual property, consumer protection, unfair competition, anti-discrimination, or false advertising.
• Infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of ViralWell AI, other users, or third parties.
• Distribute, publish, or facilitate the distribution of any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
• Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission.
• Attempt to gain unauthorized access to the Services, other user accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
• Distribute viruses, malware, worms, Trojan horses, corrupted files, or any other malicious or harmful code or software.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Interfere with, disrupt, or create an undue burden on the Services, servers, or networks connected to the Services.
• Use the Services to send spam, unsolicited messages, chain letters, or pyramid schemes, or to engage in phishing or other fraudulent activities.
• Circumvent, disable, or interfere with security-related features or features that prevent or restrict use or copying of any content.

4.2 Platform-Specific Prohibitions

YouTube/Google:

• Use YouTube API data for serving advertisements, selling to third parties, or creditworthiness/lending purposes
• Allow humans to read YouTube user data except as permitted by Google's policies
• Store YouTube user data indefinitely or beyond the necessary period
• Violate YouTube Community Guidelines or Terms of Service

TikTok:

• Sell or disclose US Personal Data for cross-context behavioral advertising without user consent
• Superimpose brand names, logos, watermarks, or promotional branding on TikTok content
• Violate TikTok Community Guidelines or intellectual property rights
• Bypass TikTok's content moderation or publish content without user preview and consent

Meta (Facebook/Instagram):

• Use platform data for purposes not described in our Privacy Policy
• Build or augment user profiles without valid consent
• Violate Meta Community Standards or Platform Policies
• Share platform data with third parties except as necessary to operate the Services

4.3 Enforcement

We reserve the right, but are not obligated, to monitor use of the Services, investigate violations, and take appropriate action including issuing warnings, suspending or terminating accounts, removing content, and reporting violations to law enforcement or regulatory authorities.

5. Intellectual Property Rights

5.1 ViralWell AI Intellectual Property

The Services, including all content, features, functionality, software, code, designs, graphics, user interfaces, trademarks, logos, and other materials (excluding User Content and Platform Content) are owned by ViralWell AI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purposes in accordance with these Terms. This license does not permit you to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from the Services; or (b) use the Services for commercial purposes not expressly permitted by these Terms.

5.2 User Content

"User Content" means any content, materials, data, information, text, images, videos, audio files, or other materials that you upload, submit, post, or transmit through the Services.

You retain all ownership rights to your User Content. However, by uploading or submitting User Content to the Services, you grant ViralWell AI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with operating and providing the Services, including for purposes of promoting and marketing the Services.

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to your User Content and to grant the licenses herein; (b) your User Content does not infringe or violate any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights; and (c) your User Content complies with these Terms and all applicable laws.

5.3 Platform Content

Content retrieved from YouTube, TikTok, Instagram, and Facebook ("Platform Content") remains the property of the respective platforms and original content creators and is subject to their copyright, trademark, and other intellectual property rights. You may not use, reproduce, distribute, or create derivative works of Platform Content except as expressly permitted by the platform's terms and policies and as necessary to use the Services for their intended purposes.

5.4 Digital Millennium Copyright Act (DMCA) Policy

We respect intellectual property rights and respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify our copyright agent in writing with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and its location on the Services
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the disputed use is not authorized
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

DMCA notices should be sent to: dmca@viralwell.ai

5.5 Trademark Policy

ViralWell AI and our logos, trademarks, and service marks are the property of ViralWell AI and are protected by applicable trademark laws. You may not use our trademarks without our prior written consent. All other trademarks, logos, and service marks displayed on the Services are the property of their respective owners.

6. Content Moderation and Publishing

6.1 User Preview and Consent

Before any content is published to your connected social media accounts (YouTube, TikTok, Instagram, Facebook), you will be provided with a preview of the content. You must explicitly approve and authorize the posting of such content. ViralWell AI will not publish any content to your social media accounts without your prior review and consent.

6.2 Platform Moderation

TikTok Content Moderation:

All content posted to TikTok through ViralWell AI undergoes TikTok's automated content moderation process, which typically completes within 1 minute but may take several hours in some cases. Content that violates TikTok Community Guidelines will be removed by TikTok. For unverified API applications, all posted content is restricted to private viewing until the application passes TikTok's audit process.

YouTube Content Moderation:

Content posted to YouTube must comply with YouTube Community Guidelines. Videos designated as "Made for Kids" are subject to additional restrictions, including disabled comments, end screens, notifications, and personalized ads.

Meta Content Standards:

Content posted to Facebook and Instagram must comply with Meta Community Standards.

6.3 Prohibited Content Modifications

You may not, and you may not permit others to: (a) superimpose brand names, logos, watermarks, or promotional branding on content posted to TikTok; (b) modify Platform Content in ways that violate platform policies; or (c) remove, alter, or obscure any copyright notices, watermarks, or other proprietary markings on Platform Content.

6.4 AI-Generated Content Disclosure

If you use ViralWell AI's AI-powered content generation features, you acknowledge that content created using artificial intelligence must be labeled as such when posted to social media platforms in accordance with their respective AI disclosure requirements. ViralWell AI implements metadata and labeling consistent with the Coalition for Content Provenance and Authenticity (C2PA) standards where applicable.

7. Payments, Billing, and Commissions

7.1 Fees and Pricing

Certain features and services within ViralWell AI may require payment, including but not limited to premium subscriptions, campaign budgets, commission payments to creators, and advanced AI features. All fees, pricing, and billing cycles will be clearly disclosed at the time of purchase or subscription.

Prices are stated in U.S. Dollars (USD) or other currencies as indicated and are exclusive of applicable taxes, duties, and other governmental charges, which you are responsible for paying. We reserve the right to change our pricing and introduce new charges with at least 30 days' advance notice. Continued use of paid Services after notice of price changes constitutes your acceptance of the new pricing.

7.2 Payment Processing

Payments are processed through third-party payment processors. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided and authorize us to charge the applicable fees to that payment method. You agree to provide accurate and complete payment information and to promptly update it if it changes.

7.3 Subscriptions and Automatic Renewal

Subscription-based Services automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current subscription fee. You may cancel your subscription at any time through your account settings, and cancellation will be effective at the end of the current billing period.

7.4 Refund Policy

Unless otherwise stated or required by law, all fees are non-refundable. Refunds may be provided at our sole discretion in cases of: (a) technical failures that prevent you from accessing paid Services; (b) unauthorized charges; or (c) as required by applicable consumer protection laws. To request a refund, contact us at billing@viralwell.ai within 14 days of the charge.

7.5 Creator Commissions and Payouts

Content creators (influencers) who complete campaign tasks through ViralWell AI will receive commission payments as specified in the campaign terms. Commissions are subject to platform fees, transaction fees, and applicable withholding taxes. Minimum payout thresholds and payout schedules are specified in your creator dashboard.

You are responsible for providing accurate tax information and for reporting and paying any applicable taxes on your earnings. ViralWell AI may withhold taxes as required by law and will provide tax documentation (such as Form 1099 for U.S. creators) as applicable.

7.6 Campaign Budgets

Brands creating campaigns must allocate sufficient budget to cover anticipated commission payments to creators and platform fees. Campaign budgets are held in escrow and released to creators upon successful task completion and approval. Unused budget may be refunded to the brand upon campaign completion, subject to processing fees.

7.7 Late Payments and Suspension

If payment fails or is declined, we may suspend or limit your access to paid Services until payment is received. We may charge late fees or interest on overdue amounts as permitted by applicable law. Continued non-payment may result in account termination and referral to collections.

8. Termination and Suspension

8.1 Termination by You

You may stop using the Services and close your account at any time. To delete your account, please follow the account deletion process in your account settings or contact us at support@viralwell.ai. Upon account deletion, you will lose access to your account, User Content, campaign history, and analytics data. Some data may be retained as described in our Privacy Policy for legal, security, or operational purposes.

8.2 Termination or Suspension by ViralWell AI

We reserve the right to suspend, limit, or terminate your access to the Services, with or without notice, at our sole discretion, if we reasonably believe that:

• You have violated these Terms or any applicable laws
• You have engaged in fraudulent, abusive, or harmful conduct
• Your account poses a security or legal risk to ViralWell AI, other users, or third parties
• You have failed to pay fees or have disputed charges improperly
• You have circumvented technical limitations or access controls
• Your account has been inactive for an extended period
• Required by law, court order, or platform partners (YouTube, TikTok, Meta)

8.3 Effect of Termination

Upon termination or suspension of your account, whether by you or by us:

• Your right to access and use the Services will immediately cease
• We may delete or disable your account, User Content, and associated data
• Outstanding fees and obligations remain due and payable
• Provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and dispute resolution

8.4 No Refunds Upon Termination

If your account is terminated for cause (violation of these Terms), you will not be entitled to any refund of fees paid. If we terminate your account without cause, you may be entitled to a pro-rata refund of subscription fees for the unused portion of the subscription period.

9. Disclaimers and Warranties

9.1 "AS IS" and "AS AVAILABLE" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, OR AVAILABILITY.

VIRALWELL AI DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

9.2 Third-Party Platforms

We do not control and are not responsible for the availability, performance, content, or policies of third-party platforms (YouTube, TikTok, Instagram, Facebook). Your use of those platforms is governed solely by their respective terms and policies. We make no representations or warranties regarding the accuracy, reliability, or completeness of data obtained from third-party platforms.

9.3 User Content and Conduct

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted through the Services. You acknowledge that by using the Services, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. We are not liable for any User Content or the conduct of any user.

9.4 AI-Generated Content

Content generated using AI features may contain errors, inaccuracies, or inappropriate material. You are solely responsible for reviewing, editing, and approving all AI-generated content before using or publishing it. We make no warranties regarding the accuracy, quality, or appropriateness of AI-generated content.

9.5 Jurisdiction-Specific Disclaimers

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitations in these Terms may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Limitation of Liability

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRALWELL AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR PLATFORM PARTNERS (YOUTUBE, TIKTOK, META) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Services
• Interruption or cessation of the Services
• Bugs, viruses, Trojan horses, or similar harmful components transmitted through the Services
• Errors or omissions in any content or for any loss or damage incurred as a result of use of content made available through the Services

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIRALWELL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF VIRALWELL AI AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO VIRALWELL AI IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10.3 Essential Purpose

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms are fundamental elements of the agreement between you and ViralWell AI, and that ViralWell AI would not provide the Services without these limitations.

10.4 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law, and the above limitations or exclusions may not apply to you.

11. Indemnification

You agree to defend (at ViralWell AI's request), indemnify, and hold harmless ViralWell AI, its affiliates, subsidiaries, officers, directors, employees, agents, partners, licensors, and platform partners (including YouTube, Google, TikTok, Meta, Facebook, and Instagram) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your access to or use of the Services
• Your violation of these Terms or any applicable law or regulation
• Your User Content, including any infringement of intellectual property rights or violation of privacy rights
• Your violation of the rights of any third party, including other users or platform partners
• Any fraudulent, negligent, or willful misconduct by you
• Third-party access to the Services through your account (whether authorized or unauthorized)
• Your breach of any representation or warranty made in these Terms

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Services.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions, except to the extent preempted by U.S. federal law.

For users located in the European Economic Area (EEA), United Kingdom, or Switzerland, the laws of England and Wales shall govern disputes related to platform integrations with Facebook, Instagram, and YouTube to the extent required by those platform's terms.

12.2 Dispute Resolution for U.S. Users

For disputes arising from or relating to your use of YouTube or Meta (Facebook/Instagram) integrations:

Informal Resolution: Before filing any formal dispute, you agree to first contact us at legal@viralwell.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or we may initiate formal proceedings.

Jurisdiction and Venue: If informal resolution fails, you agree that any judicial proceeding arising out of or relating to YouTube or Meta integrations will be brought in:

• The United States District Court for the Northern District of California, or
• A state court located in Santa Clara County, California (for YouTube disputes) or San Mateo County, California (for Meta disputes)

You consent to the personal jurisdiction of these courts and waive any objection as to inconvenient forum.

12.3 Binding Arbitration for TikTok Disputes (U.S. Users)

For disputes arising from or relating to your use of TikTok integrations, you and ViralWell AI agree to resolve disputes through binding individual arbitration, except as specified below.

Arbitration Agreement: Any dispute, controversy, or claim arising out of or relating to TikTok integrations or these Terms (including their formation, performance, or breach) shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Arbitration Procedures:

• The arbitration will be conducted by a single neutral arbitrator
• The arbitration will take place in Santa Clara County, California, or another mutually agreed location
• The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction
• Each party will bear its own costs and attorneys' fees unless the arbitrator awards costs and fees to the prevailing party

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VIRALWELL AI AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions to Arbitration: Either party may bring a lawsuit in court solely for:

• Claims of intellectual property infringement or misappropriation
• Claims seeking injunctive or equitable relief for unauthorized use of the Services
• Small claims court actions (if the claim qualifies)

12.4 Dispute Resolution for EEA/UK Users

For users located in the European Economic Area (EEA), United Kingdom, or Switzerland:

Mediation: Before initiating arbitration, the parties agree to attempt to resolve the dispute through good-faith mediation for a period of 60 days.

ICC Arbitration: If mediation fails, disputes will be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one arbitrator appointed in accordance with the ICC Rules. The seat of arbitration shall be London, England. The language of arbitration shall be English.

Governing Law: The laws of England and Wales shall govern the interpretation and enforcement of these Terms for EEA/UK users.

12.5 Exceptions and Limitations

Notwithstanding the foregoing, nothing in these Terms shall limit either party's right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13. Platform Audit and Compliance

13.1 Platform Audits

You acknowledge and agree that YouTube, TikTok, Meta (Facebook/Instagram), and their affiliates reserve the right to audit ViralWell AI's application and services for compliance with their respective developer terms, policies, and data protection requirements. ViralWell AI must respond promptly to audit requests and provide documentary evidence of compliance.

13.2 User Cooperation

In the event of a platform audit or investigation, you agree to cooperate with ViralWell AI and the platform by providing requested information, documentation, or access necessary to demonstrate compliance. Failure to cooperate may result in suspension or termination of your account.

13.3 Compliance Monitoring

We reserve the right to monitor your use of the Services to ensure compliance with these Terms, platform policies, and applicable laws. This may include reviewing User Content, campaign details, and usage patterns. We will conduct such monitoring in accordance with our Privacy Policy.

13.4 Mandatory Disclosure

We may be required to disclose information about your account or use of the Services to platform partners, regulatory authorities, or law enforcement agencies as required by law, legal process, or platform policies. We will provide you with notice of such disclosure when legally permitted to do so.

14. Changes to Terms

We may modify these Terms from time to time to reflect changes in our Services, legal requirements, platform policies, or business practices. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of these Terms
• Provide notice of the changes through the Services, by email, or other reasonable means
• For changes affecting platform integrations (YouTube, TikTok, Meta), obtain your consent as required by platform policies

Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and may close your account.

For material changes that require affirmative consent, we will present you with the revised Terms and require your acceptance before you can continue using affected Services.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and ViralWell AI regarding the Services and supersede all prior or contemporaneous communications, agreements, and proposals (whether oral, written, or electronic) between you and us.

15.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which will remain in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. Any attempted assignment in violation of this section is void.

15.5 No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, you and ViralWell AI only. These Terms are not intended to confer any right or benefit on any third party (except as expressly stated regarding platform partners in the indemnification section). Notwithstanding the foregoing, platform partners (YouTube, Google, TikTok, Meta, Facebook, Instagram) are intended third-party beneficiaries of the indemnification provisions.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.7 Interpretation

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect. The words "including," "includes," and "such as" are deemed to be followed by the phrase "without limitation."

15.8 Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, user content licenses, disclaimers, indemnification, limitation of liability, dispute resolution, and general provisions.

15.9 Electronic Communications

You consent to receive communications from us electronically, including via email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.10 Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us:

We will respond to your inquiries within a reasonable timeframe as required by applicable law.