Terms of Service

1. Definitions

• "Service" means the Viraly AI-powered social media marketing platform accessible at viraly.im
• "Customer" or "you" means the individual or business entity that registers for and uses the Service
• "Workspace" means your organization's environment within the Service, including your brand data, content, and connected accounts
• "Content" means any text, images, videos, or other material created, uploaded, or published through the Service
• "AI Agent" means the conversational AI assistant within Viraly that helps generate and manage content

2. Description of the Service

Viraly provides an AI-powered social media marketing platform that enables Customers to:

• Create and manage a brand workspace with AI-detected brand identity
• Generate AI-powered social media content, captions, and images
• Schedule and publish posts to connected social media accounts (X/Twitter, LinkedIn, Instagram)
• Manage a media library of images and videos
• Interact with an AI Agent to plan and create content
• View and manage a content calendar with publishing status

AI-generated content suggestions are tools to assist your marketing decisions. You remain solely responsible for reviewing, editing, and approving all content before publishing.

3. Account Registration

3.1 Eligibility

You must be at least 16 years old and have the legal capacity to enter into contracts to use the Service. If you are registering on behalf of a business, you represent that you have the authority to bind that entity to these Terms.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must promptly notify us at support@viraly.im of any unauthorized access or security breach.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep this information updated.

4. Subscription Plans & Billing

4.1 Free Trial

New customers may be eligible for a free trial period as specified on our pricing page. No payment information is required to start a trial.

4.2 Paid Subscriptions

Subscription fees are billed monthly or annually in advance as specified on our pricing page. All fees are exclusive of applicable taxes (including sales tax, VAT, or similar charges), which you are responsible for paying.

4.3 Price Changes

We may change prices with 30 days advance notice. Continued use after the effective date constitutes acceptance of the new pricing.

4.4 Cancellation & Refunds

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods, except within 14 days of your initial subscription or as required by applicable law.

4.5 Data After Cancellation

Upon cancellation, you will have 30 days to export your data. After this period, all workspace data will be permanently deleted.

5. Data Ownership & Usage Rights

5.1 Your Content

You retain full ownership of all content you create, upload, or publish through the Service, including brand assets, text, images, and videos. You grant Viraly a limited, non-exclusive license to store, process, and display your content solely to provide the Service.

5.2 AI-Generated Content

Content generated by the AI on your behalf (text, images) is provided for your use. You are responsible for reviewing AI-generated content for accuracy, compliance, and appropriateness before publishing.

5.3 No Training on Your Data

We do not use your workspace data, brand information, or content to train AI models, whether our own or third-party.

5.4 Aggregated & Anonymized Data

We may use anonymized, aggregated usage data (which cannot identify you) to improve our platform and report on industry trends.

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful marketing and content purposes in accordance with these Terms and applicable law.

6.2 Prohibited Uses

You agree not to:

• Publish content that is illegal, harmful, defamatory, fraudulent, or violates third-party rights
• Use the Service to spam, harass, or engage in unsolicited communications
• Attempt to reverse engineer, decompile, or extract our AI models or source code
• Resell, sublicense, or redistribute the Service without written authorization
• Create multiple accounts to circumvent usage limits or restrictions
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious code, viruses, or harmful content
• Use the Service to violate any social media platform's terms of service
• Share account credentials with unauthorized parties

7. Social Media Account Connections

When you connect a social media account to Viraly, you grant us permission to publish content on your behalf via that platform's official API. You are responsible for ensuring your use of connected accounts complies with each platform's own terms of service. We are not responsible for any suspension, ban, or limitation imposed by third-party social platforms.

8. Intellectual Property

8.1 Our IP

Viraly and TradingPlus Inc. retain all ownership rights to the Service, including software, AI models, user interface, trademarks, logos, and documentation. You receive only a limited, non-exclusive, non-transferable license to use the Service during your subscription.

8.2 Your IP

You retain all intellectual property rights to your brand assets, content, and workspace data.

9. Service Availability

We strive to maintain high availability of the Service. We will provide advance notice of scheduled maintenance when possible. We are not liable for downtime caused by factors outside our control, including internet connectivity issues, force majeure events, or third-party service outages.

10. Disclaimers & Warranties

Except as expressly stated, the Service is provided "as is" without warranties of any kind. We disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. AI-generated content and suggestions are tools to assist your decisions — we do not warrant their accuracy, compliance, or suitability for any specific purpose.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Viraly and TradingPlus Inc. are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption. Our total liability for any claims arising from or related to the Service shall not exceed the fees paid by you in the 12 months preceding the claim. Some jurisdictions do not allow these limitations, so they may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Viraly and TradingPlus Inc. from any claims, damages, losses, and expenses (including legal fees) arising from: your use of the Service, content you publish, your violation of these Terms, or your breach of applicable law.

13. GDPR & Data Protection

We are committed to data protection and voluntarily comply with the GDPR for the benefit of all our users. All data is hosted in the EU (AWS eu-west-1, Ireland). We act as a data processor for any personal data you store in your workspace. For details on our data protection commitments, see our Data Processing Agreement and Privacy Policy.

14. Term & Termination

These Terms begin when you create an account and continue until terminated. We may suspend or terminate your account for violation of these Terms, failure to pay, or activity that poses security or legal risks. Upon termination, you will have 30 days to export your data before permanent deletion.

15. Modifications to Terms

We may update these Terms at any time. Material changes will be communicated by email at least 30 days before taking effect. Continued use after changes take effect constitutes acceptance of the modified Terms.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, USA.

17. Contact Us