Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Viral Guru ("Company," "we," "our," or "us") regarding your use of the Viral Guru platform, website, and services (collectively, the "Service").

By accessing or using our Service, 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 these Terms, you must not access or use the Service.

Important: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 17 carefully.

2. Eligibility

You must meet the following requirements to use our Service:

• You must be at least 16 years of age
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using the Service under applicable laws
• You must provide accurate and complete registration information
• You must maintain the security and confidentiality of your account credentials

By creating an account, you represent and warrant that you meet all eligibility requirements.

3. Description of Service

Viral Guru provides an AI-powered content intelligence platform that analyzes viral trends across YouTube, Reddit, Twitter/X, and news sources to generate content recommendations and insights ("Reports").

3.1 Service Offerings

• $1 Trial Report: One-time purchase of a single comprehensive report (guest checkout available)
• $5/month Weekly Intel: 4 reports per month with up to 20 content ideas each
• $25/month Daily Domination: 30 reports per month with unlimited content ideas

3.2 Service Scope

Reports are generated based on publicly available data and AI analysis. We strive for accuracy but do not guarantee specific results, performance, or outcomes from using our content recommendations.

4. Account Registration and Security

4.1 Account Creation

To access subscription features, you must create an account. You may register using email/password or through Google OAuth. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password
• Not share your account with others
• Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

5. Payment Terms

5.1 Pricing

All prices are listed in USD and may be subject to change with 30 days' notice for existing subscribers. New pricing applies to new subscriptions immediately.

5.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.

5.3 Subscriptions

• Subscriptions automatically renew on a monthly basis
• You will be charged on the same day each billing cycle
• Failed payments may result in service suspension
• You are responsible for all charges incurred under your account

5.4 Taxes

Prices do not include applicable taxes. You are responsible for paying all taxes, duties, and other governmental charges associated with your use of the Service.

6. Refund and Cancellation Policy

6.1 Trial Reports ($1)

• Refunds available within 24 hours if report has not been generated
• No refunds after report generation begins
• Contact support at support@viralguru.app for refund requests

6.2 Subscriptions

• 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 for partial months or unused reports
• Access continues until the end of the paid period
• Refunds may be issued at our sole discretion for service failures or technical issues

6.3 Chargebacks

Initiating a chargeback without first contacting us may result in immediate account suspension and may be treated as a breach of these Terms.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use the Service for:

• Personal or commercial content creation
• Market research and trend analysis
• Social media strategy development
• Editorial content planning

7.2 Prohibited Uses

You agree NOT to:

• Resell, redistribute, or sublicense access to the Service or Reports
• Use the Service to create competing products or services
• Reverse engineer, decompile, or attempt to extract source code
• Use automated tools (bots, scrapers) to access the Service
• Share your account credentials with others
• Violate any applicable laws or regulations
• Infringe intellectual property rights of others
• Generate or distribute harmful, illegal, or offensive content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Use the Service to spread misinformation or engage in spam

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by Viral Guru and protected by copyright, trademark, and other intellectual property laws.

8.2 License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

8.3 Your Content and Reports

Reports generated for you are provided under a limited commercial license. You may:

• Use report content for your own content creation
• Implement strategies and insights from reports
• Share reports within your organization (subscription required)

You may NOT:

• Resell or redistribute reports to third parties
• Claim ownership of the analytical methodology
• Remove watermarks or attribution from reports

9. User-Generated Content

When you provide keywords, preferences, or feedback ("User Content"), you grant us a worldwide, royalty-free license to use, store, and process this information solely to provide and improve the Service.

You represent and warrant that your User Content does not violate any third-party rights or applicable laws.

10. Disclaimers and Limitations

10.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantee of Results

We do not guarantee that:

• Content recommendations will result in viral success or increased engagement
• Reports will be error-free, accurate, or complete
• The Service will be uninterrupted or secure
• Any errors or defects will be corrected
• Data sources will remain available or accurate

10.3 Third-Party Content

Reports may reference or incorporate publicly available content from third-party platforms. We are not responsible for the accuracy, legality, or availability of third-party content.

10.4 AI Limitations

Our Service uses AI and machine learning algorithms. While we strive for accuracy, AI-generated recommendations may contain errors, biases, or inaccuracies. Users should independently verify all information before use.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRAL GURU AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Errors or inaccuracies in reports or recommendations
• Third-party actions or content
• Unauthorized access to your account

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Viral Guru and its affiliates from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create based on our reports
• Your User Content or keywords provided

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings.

13.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Pose a security or legal risk
• Harm our reputation or business interests

13.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• Outstanding fees remain due and payable
• We may delete your data after 30 days (except legally required records)
• Sections that by their nature should survive (liability, indemnification, etc.) will remain in effect

14. Modifications to Service and Terms

14.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without liability. We will provide reasonable notice of material changes.

14.2 Terms Updates

We may update these Terms from time to time. We will notify you of material changes by:

• Email notification to your registered email
• Prominent notice on the Service
• Updating the "Last Updated" date

Continued use after changes constitutes acceptance. If you don't agree, you must stop using the Service and cancel your account.

15. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data practices.

16. DMCA and Copyright Policy

We respect intellectual property rights. If you believe content on our Service infringes your copyright, contact us at dmca@viralguru.app with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Physical or electronic signature

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@viralguru.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within 60 days.

17.2 Binding Arbitration

If informal resolution fails, you agree that disputes will be resolved through binding arbitration, not in court, except for small claims court matters and intellectual property disputes.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Ontario, Canada, and judgment may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND VIRAL GURU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

17.4 Opt-Out

You may opt out of arbitration by sending written notice to legal@viralguru.app within 30 days of first accepting these Terms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved exclusively in the courts located in Ontario, Canada.

For users in the European Union, you also benefit from mandatory provisions of consumer protection law in your country of residence.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Viral Guru regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

19.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or third-party service failures.

19.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a prohibited jurisdiction.

20. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us: