Terms of Service

These Terms of Service (“Terms”) govern your access to and use of VIRAL's websites, apps, APIs, and services that enable creators to generate clips from Twitch streams, distribute to Twitter/X and other channels, and earn fees/rewards (collectively, the “Service”). By accessing or using the Service, you agree to these Terms and our Privacy & Cookie Policy.

If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity, and “you” refers to that entity.

1) Who can use VIRAL (Eligibility & Accounts)

1.1 Age & capacity

You must be at least 18 (or the age of majority in your jurisdiction) and legally able to contract.

1.2 Accounts

You must provide accurate information, keep credentials secure, and not share your account. You're responsible for all activity under your account.

1.3 Third-party logins

You may connect Twitch and Twitter/X (and other services). Their terms also apply to you. You're responsible for maintaining those accounts and permissions.

1.4 Developers

If you use our APIs or SDKs, you also agree to any posted developer terms and rate limits.

2) The Service (What VIRAL provides)

2.1 Clip tools & distribution

VIRAL offers tools to generate clips from eligible sources (e.g., Twitch streams), upload or schedule posts to Twitter/X, and track engagement.

2.2 Web3 rewards

VIRAL may enable creator rewards or fees via on-chain or off-chain mechanisms. Rewards are not guaranteed and may vary by campaign, region, partner terms, and availability.

2.3 Beta features

Some features may be labeled alpha/beta and can change, break, or be withdrawn at any time.

3) Your Content & License to VIRAL

3.1 Your content

“User Content” includes clips, metadata, titles, captions, thumbnails, profile info, feedback, and anything you submit or connect to the Service. You retain ownership of your User Content.

3.2 Rights you grant

To operate, improve, and promote the Service, you grant VIRAL a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to host, store, reproduce, adapt, publish, translate, create derivative works (e.g., transcodes, thumbnails, captions), distribute, publicly perform and display your User Content in connection with the Service and our distribution, including to Twitter/X, Twitch, distribution partners, analytics and promotion providers, and to cache or mirror your content.

3.3 Moral rights

Where permitted by law, you waive and agree not to assert any moral rights or similar rights against VIRAL and our sublicensees to the extent necessary for us to run the Service.

3.4 Publicity

We may use your name, handle, avatar, logo, and public stats (views, likes, earnings) to identify you as a VIRAL user and to showcase your clips and program participation.

3.5 Removal

You can delete your User Content from VIRAL. Copies may persist in backups for a limited time and may remain where already shared, embedded, or reposted by others or partners.

4) Your Responsibilities & Permissions

4.1 You must have rights

You are responsible for ensuring you have all necessary rights, licenses, consents, and permissions to upload, clip, and distribute your content (including music, game footage, broadcaster permissions, third-party IP, and likeness rights).

4.2 Third-party terms

You must comply with Twitch's, Twitter/X's, and any other connected platform's terms, policies, and developer rules (including their branding, rate limits, and anti-spam rules).

4.3 Compliance

You will comply with applicable laws (e.g., advertising disclosures, endorsements, sweepstakes rules, privacy, export controls, sanctions, and tax obligations).

4.4 Backups

Keep your own backups. We're not a content storage service of record.

5) Prohibited Use (Safety & Integrity)

You may not, and may not help others, to:

• upload or distribute illegal content; infringe IP, privacy, publicity, or other rights; or impersonate others;
• post or clip content that is hateful, harassing, deceptive, sexually exploitative, extremely violent, or otherwise violates our policies or partner policies;
• spam, artificially inflate engagement, use bots, farm rewards, or otherwise manipulate metrics or programs;
• bypass technical protections, scrape without permission, reverse engineer, or overload our systems;
• interfere with or misuse the Service, including attempting to access accounts or data without authorization.

We may moderate, remove, limit distribution, or disable User Content and/or accounts at our discretion to keep the Service safe and compliant.

6) Earnings, Fees, Wallets & Payments

6.1 Wallets

You may connect a compatible crypto wallet. You are solely responsible for wallet security (private keys, seed phrases), gas fees, and on-chain actions. Transactions on public blockchains can be permanent and traceable.

6.2 Program terms

Earnings/rewards (if any) depend on program rules, your eligibility, partner availability, fraud checks, and compliance reviews. VIRAL may change, pause, cap, or discontinue programs at any time. Metrics used for rewards are provided “as is,” may be delayed or estimated, and are not audited.

6.3 Payouts

Payout methods (on-chain/off-chain), minimums, schedules, and supported regions may vary. You're responsible for network fees, bank fees, or third-party charges.

6.4 Taxes

You are responsible for taxes arising from your earnings. We may collect tax information and issue forms where required.

6.5 Fees

We may charge platform, processing, or withdrawal fees; we'll disclose applicable fees at point of use.

6.6 Fraud & holds

We may hold, claw back, or deny payouts for suspected fraud, policy violations, chargebacks, sanctions issues, or legal compliance.

7) Intellectual Property; DMCA/Reporting

7.1 Our IP

The Service, including software, designs, logos, trademarks, databases, models, and documentation, is owned by VIRAL or our licensors and protected by IP laws.

7.2 Feedback

If you provide suggestions or feedback, you grant VIRAL a perpetual, worldwide, royalty-free license to use them without restriction.

7.3 Copyright complaints (DMCA)

If you believe content infringes your copyright:

Email: dmca@viral.app

Include: your contact info; identification of the work; URL(s) of allegedly infringing material; a statement of good-faith belief; a statement under penalty of perjury that your notice is accurate and you are the owner/authorized agent; and your physical or electronic signature.

Counter-notices may be sent to the same address with the required DMCA statements. We may terminate repeat infringers.

8) Third-Party Services & Links

The Service integrates with or links to third-party services (e.g., Twitch, Twitter/X, cloud hosting, analytics, ad networks). VIRAL is not responsible for those services, their availability, or their policies. Your use of them is at your own risk and subject to their terms.

9) Privacy

Your use of the Service is subject to our Privacy & Cookie Policy, which explains what we collect, why, and how we use and share data, including with integration partners and for rewards programs.

10) Changes to the Service or Terms

We may modify the Service and these Terms. When we make material changes, we'll provide notice (e.g., in-product notice or email). Changes apply prospectively. If you continue using the Service after changes take effect, you accept the updated Terms.

11) Suspension & Termination

We may suspend or terminate your access if: (a) you breach these Terms or our policies; (b) we're investigating suspected misconduct; (c) required by law or partners; or (d) for risk, security, or operational reasons. You may stop using the Service and request account deletion at any time (support@viral.app). Certain sections survive termination (see §16).

12) Disclaimers

As-is. The Service is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties (express or implied) including merchantability, fitness for a particular purpose, non-infringement, and non-interference.

No guarantees. We don't guarantee continuous availability, error-free operation, storage of content, distribution reach, or earnings/rewards.

Blockchain risk. On-chain features involve market, regulatory, technical, and security risks. You assume all risks related to wallets, keys, smart contracts, forks, network failures, and volatility.

Some jurisdictions do not allow certain disclaimers; in those cases, the disclaimer applies to the maximum extent permitted by law.

13) Limitation of Liability

To the maximum extent permitted by law, VIRAL and its affiliates, officers, directors, employees, and partners will not be liable for: (a) indirect, incidental, special, consequential, exemplary, or punitive damages; (b) loss of profits, revenue, goodwill, data, or business interruption; or (c) aggregate liability exceeding the greater of US$100 or the amounts paid by you to VIRAL for the Service in the 3 months preceding the claim.

Some jurisdictions do not allow limitations of liability; the above applies to the maximum extent permitted.

14) Indemnification

You will defend, indemnify, and hold harmless VIRAL and our affiliates, officers, directors, employees, and partners from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or laws; or (d) your violation of third-party rights.

15) Disputes; Governing Law; Venue; Arbitration

15.1 Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts of laws, unless mandatory law of your residence requires otherwise.

15.2 Venue

Except where arbitration applies or prohibited by law, the exclusive venue will be the state or federal courts located in Delaware, USA, and you consent to their jurisdiction.

15.3 Arbitration & class-action waiver (US/Canada)

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis under the JAMS rules. You and VIRAL waive class actions and jury trials. You may opt out within 30 days of first accepting these Terms by emailing legal@viral.appwith subject "Arbitration Opt-Out,” your name, and account email.

15.4 EEA/UK/Other regions

If you are a consumer in the EEA/UK, you may have the right to bring claims in your local courts under mandatory consumer protection law.

16) General

• Entire agreement. These Terms (plus policies referenced here) are the entire agreement between you and VIRAL.
• Severability. If any provision is unenforceable, the remainder stays in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign to affiliates or in a merger, acquisition, or asset sale.
• Notices. We may notify you via email, in-product messages, or by posting. You agree to keep your email current.
• Force majeure. We aren't liable for delays or failures due to events beyond our reasonable control (e.g., internet outages, platform API changes, DDoS, strikes, acts of government, war, disasters).

17) Creator Program Addendum (if applicable)

If you enroll in a VIRAL creator, affiliate, or bounties program, the following apply in addition to these Terms:

• Eligibility & verification. We may require identity, age, residency, tax, sanctions, and platform-account verification.
• Content standards. Program clips must comply with these Terms and partner policies (Twitch, Twitter/X).
• Calculation & adjustments. Reward formulas may change. We may exclude traffic from suspected bots, spam, incentivized clicks, or policy-violating content.
• No employment. Participation does not create employment, partnership, or agency.
• Termination. We may suspend or terminate program participation for any breach or risk.

18) Contact

Questions about these Terms?

• Support: support@viral.app
• Legal & DMCA: legal@viral.app / dmca@viral.app
• Privacy: privacy@viral.app