Terms of Service

1. Acceptance of Terms

By accessing or using Viralmaxing, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. The Service is available to individuals aged 18 and older. By registering, you confirm that you are at least 18 years of age.

For users in the European Union and European Economic Area (EU/EEA): if you are between 16 and 18 years of age, you may use the Service only with verifiable consent from a parent or legal guardian in accordance with Article 8 of the General Data Protection Regulation (GDPR). Individuals under 16 years of age may not use the Service.

The Service is available to users worldwide, except for individuals subject to international sanctions. For EU/EEA users, these Terms are supplemented by the mandatory provisions of the GDPR and applicable consumer protection legislation.

2. Service Description

Viralmaxing is a platform for creating viral content that provides tools for: trend research and competitor analysis across social media, short video generation using artificial intelligence, automated content publishing (autoposting) to social networks (YouTube, TikTok, Instagram, Threads, LinkedIn, Pinterest, Bluesky), content performance analytics, and an AI assistant for scriptwriting. We continuously improve the Service and may make changes without prior notice.

3. Registration and Account

Access to the Service requires registration using your email address or authorization through third-party services (Google, Yandex, Telegram). You agree to provide accurate and current information and are responsible for maintaining the security of your account. By registering, you consent to the processing of your personal data in accordance with our Privacy Policy.

To extend functionality, you may connect additional social networks: TikTok, YouTube, LinkedIn, Instagram, Threads, Pinterest, Bluesky. Connections are established via the OAuth protocol, requesting only necessary permissions. You may disconnect any integration at any time through your account settings.

3.1. Workspaces and Team Collaboration

The Service provides the ability to create workspaces and invite team members. The workspace owner determines the access level for each member. Data created within a workspace is accessible to all members according to their assigned roles. When a member is removed from a workspace, their access to data is revoked immediately. The workspace owner is responsible for the actions of invited members, including their compliance with these Terms and applicable data protection legislation. When using a workspace to process personal data of third parties, the owner acts as the data controller and must ensure an appropriate legal basis for such processing.

4. Subscription and Payments

4.1. Free Trial

New users may activate a free trial period of 3 (three) calendar days. Activation of the trial requires linking a payment card. If you do not cancel the subscription before the trial period expires, the cost of the selected plan will be automatically charged to the linked card.

By activating the trial period, you acknowledge that: (a) you are aware of the upcoming automatic charge upon expiration of the trial period; (b) you give explicit consent for the Service to begin before the expiry of the withdrawal period; (c) you understand that by beginning to use paid features of the Service, you lose the right of withdrawal with respect to services already provided (Article 16(a) of Directive 2011/83/EU for EU/EEA users). You may cancel the trial at any time through your account dashboard before the automatic charge occurs.

4.2. Payment and Auto-Renewal

Payment processing is handled through the following payment systems:

• BePaid — for international cards (Visa, MasterCard, BELKART). Services are provided by ИП Музыка Алексей Андреевич
• CloudPayments — for cards issued in the Russian Federation (Visa, MasterCard, MIR). Services are provided by ИП Дрозд Илья Павлович

Subscriptions are activated for 30 calendar days from the moment of payment confirmation. Subscriptions renew automatically at the end of each paid period. Funds are charged to the previously linked card. You may cancel auto-renewal at any time through your account dashboard. Cancellation takes effect at the end of the current paid period.

4.3. Refunds

Refunds are available within 7 (seven) calendar days from the date of payment. Refunds are issued to the payment card used for the original transaction. To request a refund, please contact our support team.

For EU/EEA users: you have the right to withdraw from the Service within 14 (fourteen) calendar days from the date of the contract (Directive 2011/83/EU), except where you have given prior explicit consent for the Service to begin before the withdrawal period expires and have acknowledged the loss of your right of withdrawal (Article 16(a) of Directive 2011/83/EU). Such consent is requested at the time of subscription and trial activation. If you have not given such consent, the right of withdrawal within 14 days is preserved in full, with a proportional refund for the unused period.

4.4. Promo Codes

Promo codes provide a discount on subscription payments. Each promo code may be used once and cannot be combined with other discounts unless explicitly stated otherwise. The administration reserves the right to void promo codes obtained in violation of these Terms.

5. Intellectual Property Rights

All rights to the Service, including source code, design, and trademarks, belong to ИП Дрозд Илья Павлович or its licensors. By using the Service, you receive a limited, non-exclusive, non-transferable license solely to access and use the functionality in accordance with these Terms.

6. User Content

You retain all rights to the materials you upload or create using Viralmaxing. However, you grant us a license to process such materials solely for the purpose of providing the Service (e.g., video generation, storage, uploading to social networks, and AI processing).

6.1. Ownership and Responsibility

You are the sole owner of all content created using Viralmaxing and bear full legal responsibility for its use, including publication, distribution, and commercialization. Viralmaxing acts solely as a technical tool and is not responsible for how you use the content you create.

6.2. Copyright Verification

You agree to independently verify the existence of copyrights, personality rights, and other intellectual property rights in all materials used to create content, especially for commercial use. This includes, but is not limited to: memes, images of public figures, music, fonts, and templates.

6.3. Platform Media Resources

Media resources provided by Viralmaxing (memes, templates, images, music) are sourced from publicly available materials or contributed by users. We do not guarantee the absence of copyrights or other usage restrictions on these materials. The provision of resources within the Service does not constitute permission for their commercial use.

6.4. Use at Your Own Risk (Disclaimer)

By using any platform resources and creating content, you do so at your own risk and bear full responsibility for compliance with applicable laws, including copyright law, personal data protection, and personality rights. We strongly recommend consulting a legal professional before commercial use of content created with the Service.

6.5. DMCA / Notice and Takedown Procedure

If you are a rights holder and believe that materials hosted on the Service infringe your copyrights, please send a notice to support@viralmaxing.com including: (a) a description of the copyrighted work; (b) a link to the allegedly infringing material; (c) your contact information as the rights holder; (d) a statement of good faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the rights holder. We will review the notice within 5 (five) business days and take appropriate action in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), which may include removal or disabling of access to the allegedly infringing material. Counter-notices may be submitted following the procedures set forth in 17 U.S.C. Section 512(g).

6.6. Autoposting Risks

Use of the automated publishing (autoposting) feature to social networks may result in restrictions, warnings, shadow bans, or full account suspension on social platforms. Most social networks restrict automated actions and may treat frequent API-based publishing as spam or a violation of platform policies. You assume all risks associated with using autoposting and acknowledge that Viralmaxing does not control the policies or decisions of social platforms regarding your account. The Service administration is not responsible for any account restrictions on social networks resulting from content that violates platform rules or excessive use of autoposting.

7. AI Usage

The Service uses artificial intelligence (AI) technologies for content generation, scriptwriting, transcription, and analysis. When using AI features, your content (script texts, descriptions, prompts) is transmitted to third-party AI providers for processing through the OpenRouter service router.

We do not store your content on AI provider servers longer than necessary to fulfill the request. Your content is not used by AI providers for model training without your separate explicit consent. We do not transmit your personal data (name, email, payment information) to AI providers — only text content is transmitted for processing.

8. API Access

The Service provides API keys for programmatic access to its functionality. API keys are confidential and must not be shared with third parties. You bear full responsibility for the security of your API keys. In the event of key compromise (leak, unauthorized access), you must immediately notify us and revoke the key through your account dashboard. We are not responsible for actions performed using a compromised key prior to its revocation. It is prohibited to use the API for mass automated data scraping, creating competing services, or exceeding established rate limits. The administration reserves the right to revoke an API key upon violation of these Terms.

9. Prohibited Use

You may not use the Service to create or distribute content that violates the law, the rights of third parties, or the policies of social platforms (YouTube, TikTok, Instagram, etc.). In particular, it is prohibited to create content that:

• Infringes copyrights, personality rights, trademarks, or other intellectual property rights of third parties
• Contains defamation, insults, discrimination, or violates the rights and dignity of individuals
• Violates personal data protection and privacy laws
• Is contrary to public morals, ethical standards, or applicable legislation
• Contains deepfakes (realistic synthetic images or videos of real individuals without their consent), disinformation designed to mislead the public, child sexual abuse material (CSAM), or any other AI-generated content intended to deceive, defraud, or cause harm
• Uses AI features of the Service for mass generation of spam content, circumvention of social platform moderation systems, or creation of content impersonating real individuals without their consent
• Promotes or facilitates illegal activities, including but not limited to fraud, money laundering, terrorism, or trafficking

We reserve the right to remove content that violates these Terms and/or to suspend access to the Service without prior notice.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee uninterrupted operation or the absence of errors.

10.1. AI-Generated Content

We do not guarantee the uniqueness, originality, or absence of similarity of content created using artificial intelligence (AI) to existing works. AI models are trained on large datasets and may generate content similar to existing texts, images, or videos. You are responsible for independently verifying AI-generated content for plagiarism, copyright compliance, and originality before publication or commercial use.

10.2. Automated Publishing (Autoposting)

We do not guarantee the successful publication of content on social networks through the autoposting feature. Social platforms may change their APIs, publishing rules, or restrict automated actions without prior notice. You are responsible for compliance with each platform's rules and acknowledge that autoposting may result in restrictions, warnings, or account suspensions. We are not responsible for the consequences of using the autoposting feature.

10.3. Social Media Analytics

Analytics data collected by the Service from social networks may be inaccurate, incomplete, or outdated. We depend on social platform APIs, which may change, restrict data access, or provide incomplete information. We do not guarantee the accuracy, timeliness, or completeness of metrics and analytical data. Use analytics for reference purposes only.

11. Limitation of Liability

To the maximum extent permitted by applicable law, the aggregate liability of ИП Дрозд Илья Павлович to you shall not exceed the total amount actually paid by you for the use of the Service during the 12 (twelve) months preceding the event giving rise to the claim.

Neither ИП Дрозд Илья Павлович nor its affiliates shall be liable for any lost profits, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Service. In particular, we are not liable for:

• Consequences of using content created with the Service, including third-party claims related to copyright infringement, personality rights, or other intellectual property rights
• Commercial use of created content and any losses incurred as a result of such use
• Suspensions, sanctions, or other actions taken by social platforms (YouTube, TikTok, Instagram, etc.) in connection with the publication of created content
• Legal disputes, fines, or other claims arising from the use of platform media resources (memes, images, music, templates)
• Results of content processing by AI providers, including inaccuracies, errors, or inconsistencies in generated content

You independently and fully bear the risks and responsibility for your use of the Service and content created with it.

For EU/EEA users: nothing in this section limits the liability of the operator for willful misconduct or gross negligence, nor in any other cases where limitation of liability is prohibited by applicable mandatory law. Your statutory consumer rights under the laws of your country of residence remain unaffected.

12. Indemnification

You agree to indemnify, defend, and hold harmless ИП Дрозд Илья Павлович and its affiliates from and against any and all claims, losses, damages, expenses (including reasonable legal fees), and liabilities arising from: (a) your violation of these Terms; (b) your infringement of the rights of any third party, including intellectual property rights; (c) your use of content created with the Service in violation of applicable law.

13. Force Majeure

ИП Дрозд Илья Павлович shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond reasonable control (force majeure), including but not limited to: natural disasters, acts of government, disruption of telecommunications networks, and large-scale cyber attacks that exceed reasonable security measures.

Failures or outages of third-party services (payment processors, AI providers, social platforms) do not constitute force majeure events. However, ИП Дрозд Илья Павлович is not responsible for the availability or operability of such third-party services.

14. Changes to Terms

We may update these Terms from time to time. The current version will be published on this page with the date of the last update. By continuing to use the Service after changes are posted, you accept the updated Terms. For EU/EEA users, we will provide additional notice of material changes via email at least 30 days before such changes take effect.

15. Termination and Data Deletion

We may suspend or terminate your access to the Service without prior notice if you violate these Terms or applicable law.

The Service administration may refuse to provide service to a user who systematically violates social network rules, including publishing content prohibited by social platform policies or simultaneously publishing identical content to multiple accounts on the same social network, which may be classified as spam by those platforms. Such actions endanger the operability of the Service and its integrations with social networks.

You may delete your account at any time through your profile settings or request data deletion through our support team. Detailed information about the data deletion process is available on the data deletion page.

16. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws applicable to the service provider entity processing your payment. Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through negotiation by sending a written claim. The response period for such claims is 30 (thirty) calendar days from receipt. If the dispute cannot be resolved amicably, it shall be submitted to the courts at the place of registration of the relevant service provider entity.

For EU/EEA users: nothing in these Terms restricts mandatory consumer rights under the laws of your country of residence. Disputes with EU/EEA consumers may be resolved through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr or through a competent court at the consumer's place of residence.

For users outside the EU/EEA and the Russian Federation: disputes that cannot be resolved through negotiation may, by mutual agreement of the parties, be submitted to binding arbitration under the rules of a mutually agreed arbitration institution.

17. Affiliate and Referral Program

The Viralmaxing Affiliate Program is designed to promote the Service through the referral of new users in exchange for compensation.

17.1. Participation Terms

Any registered Viralmaxing user may participate in the Affiliate Program by creating a unique referral link or promo code in their account dashboard. New users who sign up through the link are attributed to the affiliate. Already registered users are not counted.

17.2. Commission and Payouts

Affiliates earn 30% of each payment made by referred users for a period of 12 months from the referral's first payment. Payouts are processed monthly on the 29th of each month, subject to a minimum threshold. Payouts are made to the payment details provided by the affiliate in their account dashboard.

17.3. Prohibited Actions

Affiliates are prohibited from:

• Registering multiple accounts to obtain discounts for themselves or affiliated persons
• Using spam methods to distribute referral links
• Registering users on their behalf (registration must be performed on the referred user's device)
• Providing potential users with misleading information about the Service or its capabilities
• Infringing copyrights in promotional or referral materials

17.4. Termination and Accountability

Upon identification of a violation of the Affiliate Program terms, the administration will send the affiliate a written notice (to the email associated with the account) describing the violation and provide 14 (fourteen) calendar days to remedy the violation or submit an explanation. If the violation is not remedied or repeated violations occur, the administration reserves the right to close the affiliate account.

Upon closure of an affiliate account due to violations: commissions earned in good faith prior to the violation are paid out in full. Only commissions directly linked to fraudulent activity (fake registrations, self-referrals, manipulation) are subject to annulment. In cases of confirmed fraud (documented evidence), the administration reserves the right to close the account without prior notice.

17.5. Tax Obligations

Affiliate payouts are made only to registered business entities (sole proprietors or self-employed individuals). The affiliate must provide proof of registered business status before the first payout. The affiliate is solely responsible for the payment of taxes on received compensation in accordance with the tax laws of their country of tax residence. Viralmaxing does not act as a tax agent for affiliate payouts.

18. Service Provider Details

International Payments via BePaid

ИП Музыка Алексей Андреевич
Свидетельство о государственной регистрации №193858835, выдано Минским горисполкомом 07.04.2025 г.
Республика Беларусь, Минск, ул. Нёманская, 15, кв. 202. 220055
Phone: +375 44 783-00-31

Russian Federation Payments via CloudPayments

ИП Дрозд Илья Павлович
INN: 212885886929
OGRNIP: 323210000044935
428014, Россия, Чувашская Республика — Чувашия, г. Чебоксары, ул. Запрудная, д. 2

19. Contact

For questions regarding these Terms, please contact us:

Email: support@viralmaxing.com
Telegram: Lesha_Muzyka