Terms of Service
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and Viralify ("Viralify", "we", "us"). They govern your access to and use of the Viralify website, apps, and services (together, the "Platform"). By creating an account, connecting a social account, submitting content, or otherwise using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a contract. You must be a legal resident of a jurisdiction where the Platform is available and where receiving USDC payouts is lawful. By using the Platform you represent and warrant that you meet these requirements and that you will comply with all laws that apply to you, including the terms of the social platforms you use.
3. Accounts, wallets, and security
You register using a social account (such as TikTok, Instagram, or Google) or by email. When you join, a self-custodial embedded wallet may be created for you through our wallet provider to receive payouts in USDC on the Solana blockchain. You are responsible for keeping your login credentials and wallet access secure, for keeping your account information accurate, and for all activity that occurs under your account. Notify us promptly of any unauthorised use. We are not liable for loss resulting from your failure to keep your credentials or wallet secure.
4. What Viralify is
Viralify is a marketplace that connects brands running clipping campaigns with independent creators ("clippers") who post short-form clips promoting those campaigns. You participate as an independent contractor. Nothing in these Terms creates any employment, partnership, joint venture, or agency relationship between you and Viralify or between you and any brand. You are not obligated to accept any campaign, and we are not obligated to accept any submission.
5. Campaigns
Brands post campaigns that set out the content to create or reshare, the eligible platforms, the pay rate, any budget cap, and campaign-specific rules. Each campaign's rules form part of these Terms while you participate in that campaign. Campaigns and their rates, budgets, and rules may be added, changed, paused, ended, or cancelled at any time, and a campaign's budget may run out, in each case without liability to you. You are only eligible to earn under the rules and budget that apply at the time your views are counted.
6. Submitting content
You submit links to your own public posts. Submissions are subject to review and approval based on the campaign's rules, content requirements, authenticity, and minimum view or quality thresholds. Approval is not guaranteed. We may request proof or analytics to verify a submission. Earnings that are approved but later found to be fraudulent, artificially inflated, non-compliant, deleted, or disputed by the brand may be reduced, reversed, or clawed back, including after payout.
7. Earnings and payments
Your earnings equal the verified views on your approved clips multiplied by the campaign's published rate, subject to any per-clip or campaign budget cap. Payments are made in USDC on the Solana blockchain to your wallet. Payouts are processed per campaign, normally within one week of the campaign ending, and may take processing time before they settle. A flat withdrawal fee of 1.00 USDC applies to external withdrawals, and you are responsible for any blockchain network fees. We may hold, review, delay, reduce, withhold, or reverse earnings where we detect fraud, artificially inflated metrics, policy or campaign-rule violations, or where a brand disputes a submission. The Platform is not a bank, holds no deposits for you, and pays no interest.
8. Taxes
You are solely responsible for determining, reporting, and paying any taxes, duties, or similar charges due on your earnings in your country of residence. As an independent contractor you handle your own tax obligations. We may ask you for tax information and may report earnings or issue tax forms where required by applicable law.
9. Your content and the licence you grant
You keep ownership of the content you create. By submitting a clip to a campaign, you grant Viralify and the relevant brand a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, display, reproduce, and use your submitted clips, your handle, your public profile information, and the associated performance metrics for the purposes of operating the Platform, verifying and paying your earnings, and promoting the Platform and the campaign. You represent and warrant that you own or have all rights necessary to submit the content and to grant this licence, that the content does not infringe anyone's rights, and that you will comply with all required disclosures (for example, applicable advertising-disclosure rules and each social platform's branded-content and paid-partnership policies).
10. Acceptable use and prohibited conduct
You must not: (a) use bots, scripts, click farms, paid traffic, or any method to artificially inflate views, likes, comments, or other engagement; (b) submit the same or substantially similar content to double-claim or to get around campaign or submission limits; (c) create or use multiple or fake accounts to evade bans, limits, or detection; (d) submit content you do not own or that breaches a social platform's terms; (e) upload unlawful, infringing, deceptive, hateful, or harmful content; or (f) probe, scan, disrupt, or attempt to bypass the Platform's security or systems. Breach of this section may result in immediate suspension or permanent ban and forfeiture of unpaid earnings, and we may refer serious cases to the relevant authorities.
11. Our intellectual property
The Platform, including the Viralify name, logo, design, text, graphics, and software, is owned by Viralify or its licensors and is protected by intellectual property laws. Except for the limited right to use the Platform under these Terms, you receive no rights in it. You may not copy, resell, scrape, data-mine, frame, reverse engineer, or commercially exploit any part of the Platform without our written permission.
12. Connected social accounts and third parties
To use the Platform you connect one or more social accounts (such as TikTok, Instagram, YouTube, or X) through their official interfaces. You authorise us to access the profile information, content, and metrics we need to verify that you own the account and to measure the performance of your clips. You can disconnect a connected account at any time through the relevant platform's settings. We do not control third-party platforms, are not responsible for their availability, content, or policies, and your use of them is governed by their own terms.
13. Suspension and termination
We may suspend or terminate your account or access to the Platform at any time, including immediately and without notice, for actual or suspected fraud, violation of these Terms or a campaign's rules, failure to follow required disclosure rules, intellectual-property infringement, or conduct that we reasonably believe risks harm to the Platform, brands, or other users. If we terminate your account for cause, unpaid and pending earnings may be forfeited, and we may retain records and content as permitted by law. You may stop using the Platform and request deletion of your account at any time.
14. Disclaimers
The Platform is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, secure, or error-free, that view tracking, metrics, or earnings estimates will be accurate or continuous, or that campaigns or budgets will remain available. Participating in campaigns does not guarantee any earnings.
15. Limitation of liability
To the maximum extent permitted by law, Viralify and its team, officers, and partners are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, earnings, goodwill, or data, arising out of or relating to the Platform, even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Platform is limited to the greater of the total amounts we actually paid to you in the three months before the event giving rise to the claim, or USD 100. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.
16. Indemnification
You agree to defend, indemnify, and hold harmless Viralify, its team, and participating brands from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your content, your use of the Platform, your breach of these Terms or a campaign's rules, or your violation of any law or third-party right.
17. Governing law and disputes
These Terms, and any dispute arising out of or relating to them or the Platform, are governed by the laws of [GOVERNING JURISDICTION], without regard to its conflict-of-law rules. Before starting any formal proceeding, you agree to first contact us and to try in good faith to resolve the dispute informally, allowing at least 60 days from your written notice. If the dispute is not resolved, it will be handled by the competent courts of [GOVERNING JURISDICTION], unless mandatory law in your country of residence gives you the right to bring proceedings elsewhere. Nothing in this section removes any mandatory consumer-protection rights you have under the law of your country of residence.
18. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new "last updated" date and, for material changes, give notice through the Platform or by email. Your continued use of the Platform after the changes take effect means you accept the updated Terms. If you do not agree, stop using the Platform.
