Terms of Service

Last Updated: May 11, 2025

Welcome to InstantViralContent.com. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using InstantViralContent.com and its services, you agree to comply with and be bound by these Terms.

1. Acceptance of Terms

InstantViralContent.com ("we," "us," or "our") provides a platform for creating, optimizing, and analyzing viral content for social media and other digital channels. By accessing or using our website, applications, tools, or other services (collectively, the "Services"), you agree to these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific areas of our Services.

If you do not agree with these Terms, you must not access or use our Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through our Services or by other means. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

3. Eligibility

You must be at least 16 years of age to access or use our Services. By using our Services, you represent and warrant that you meet this requirement. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Your Account

4.1. Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2. Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to:

• Create a strong password that you do not use for other websites or services
• Keep your password secure and confidential
• Log out from your account at the end of each session
• Notify us immediately if you suspect any unauthorized access to your account

4.3. Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. If we terminate your account, you may not register for another account without our permission.

5. Use of Services

5.1. Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services in a manner that does not:

• Violate any applicable law, regulation, or third-party rights
• Promote or engage in harassment, hate speech, or discrimination
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or interfere with other users
• Scrape, index, or mine data from our Services (except with our prior written consent)
• Create content that is false, misleading, deceptive, or fraudulent
• Impersonate another person or entity

5.2. Content Guidelines

When creating content using our Services, you agree not to create, upload, or share content that:

• Infringes on intellectual property rights of others
• Contains sexually explicit material, pornography, or obscene content
• Promotes violence, hate speech, or illegal activities
• Includes personal or confidential information of others without permission
• Is defamatory, libelous, or invasive of another's privacy
• Is harmful to minors in any way
• Could be considered false or deceptive advertising

5.3. Content Moderation

We reserve the right, but not the obligation, to review, monitor, and remove any content that violates these Terms or that we consider inappropriate for any reason. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content.

6. User Content

6.1. Ownership

You retain ownership of the content you create using our Services ("User Content"). However, by creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.

6.2. Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate these Terms, applicable laws, or the rights of others
• You have obtained all necessary consents and permissions for the use of your User Content

6.3. Feedback

If you provide feedback or suggestions about our Services, we may use such feedback without restriction and without any obligation to you.

7. Intellectual Property Rights

7.1. Our Intellectual Property

The Services, including all content, features, and functionality thereof, are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes. This license does not include the right to:

• Modify or copy the materials
• Use the materials for any commercial purpose or for any public display
• Remove any copyright or other proprietary notices from the materials
• Transfer the materials to another person or "mirror" the materials on any other server
• Reverse engineer, decompile, or disassemble our Services

7.3. Copyright Infringement

If you believe that any content on our Services infringes your copyright, please contact us with the following information:

• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located
• Your contact information, including address, telephone number, and email
• A statement by you that you have a good faith belief that the disputed use is not authorized
• A statement by you, made under penalty of perjury, that the information in your notice is accurate

Please send your notice of infringement to: [email protected]

8. Subscription and Payment

8.1. Free and Premium Services

We offer both free and premium (paid) Services. By subscribing to our premium Services, you agree to pay the applicable fees and taxes. All fees are in U.S. dollars unless otherwise stated.

8.2. Subscription and Billing

Payment for premium Services will be charged to your designated payment method at the time of purchase or on a recurring basis for subscription Services. You authorize us to charge your payment method for all Services you purchase, including any applicable taxes and fees.

8.3. Subscription Cancellation

You may cancel your subscription at any time by accessing your account settings or contacting us. If you cancel a subscription, you may continue to use the premium Services until the end of your current billing period, but you will not receive a refund for any fees already paid.

8.4. Price Changes

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.

9. Third-Party Services

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party services or content. If you access any third-party services or content, you do so at your own risk and subject to their terms of service and privacy policies.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
• ANY CONTENT OBTAINED FROM OUR SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID US ANYTHING DURING THAT PERIOD.

12. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in San Francisco, California.

14. Termination

We may terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

15. General Provisions

15.1. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and us.

15.2. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.3. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ours.

15.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.

16. Contact Us

If you have any questions about these Terms, please contact us at: