PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE VIRAL LOOPS SOFTWARE AND THIS WEBSITE. YOUR USE OF THE VIRAL LOOPS SOFTWARE AND THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THESE TERMS.
VIRAL LOOPS is an online viral and referral marketing platform (the “Service”) offered through our Web application and URL www.viral-loops.com (we’ll refer to it as the “Website”) that allows you to, among other things, create, send, and manage certain marketing campaigns, including, without limitation, prelaunch campaigns, referral and ambassador programs, giveaways, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”).
These Terms of Service create a binding agreement (the "Agreement") between you and VIRAL LOOPS regarding your use of VIRAL LOOPS Services and Software ("Services") and our Website.
To create an account you must register your personal name, company name and an email address (the "Registration Information"). Upon completion of registration, you assign a password to your account.
You are responsible for maintaining the confidentiality and security of your Registration Information and password and for any and all activity that occurs under your account. You must notify VIRAL LOOPS immediately at the following e-mail address firstname.lastname@example.org if an authorized third party accesses it or if there is any unauthorized use of your email address or if you become aware of any security breach. You agree that any person notified of your Registration Information or password is authorized to act as your representative for the purpose of use of (and / or transaction via) this Website.
Account passwords are hashed, which means we cannot see an account’s password. We cannot resend forgotten passwords either. We will only provide you with instructions on how to reset them.
If you have a VIRAL LOOPS account, many of the choices you have about your information are built directly into the product or your account settings. For example, you can:
1. Access and change information in your Settings page at any time.
2. Close your account at any time by sending an e–mail at email@example.com. When we close your account, we'll deactivate it and remove your content from our Web Application. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).
3. You may have choices available to you through the device or software you use to access our Web application. For example: The browser you use may provide you with the ability to control cookies or other types of local data storage; To learn more about these choices, please see the information provided by the device or software provider.
VIRAL LOOPS may collect, use, process and store information about you and your use of the Services, which will be handled in accordance with our privacy statement at https://viral-loops.com/privacy.
3.1 This Website and its content is the intellectual property of VIRAL LOOPS. All rights reserved. This Website contains material which is owned by or licensed to VIRAL LOOPS. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Except as specifically permitted by VIRAL LOOPS, no portion of this Website may be distributed or reproduced by any means, or in any form, without VIRAL LOOPS’ prior written explicit permission. You do not acquire any ownership rights to any part of the Website. Any unauthorized use terminates the permission or license granted by VIRAL LOOPS, and you must immediately destroy any downloaded or printed materials.
3.2 Your use of any information or materials on this Website is entirely at your own risk, for which VIRAL LOOPS shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
3.3 Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence. VIRAL LOOPS reserves the right to prevent you from making use of this Website and from making any purchase.
4.1 You are responsible for the content of all visual, written or audible communications, files, documents, videos, recordings, and any other material ("Content") used in connection with your account. VIRAL LOOPS will not be liable to you or any others for any loss or damages due to your use of the Services and/or of the Website. You agree to indemnify, defend and hold harmless VIRAL LOOPS against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees that any party may incur (i) in connection with your use of the Website and/or (ii) resulting from content or information you supply and/or (iii) due to your breach of any of these Terms of Service.
4.2 You agree not to upload, post, email, store, transmit, or otherwise make available or use Content that creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; is sexually explicit or pornographic; violates, or encourages any conduct that violates laws or regulations; contains any information or content VIRAL LOOPS deems to be hateful, violent, harmful, threatening, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, vulgar, obscene or otherwise objectionable by VIRAL LOOPS; contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights; contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or is fraudulent, false, misleading, or deceptive.
4.3 You agree not to engage in any of the following prohibited activities: Use, display, mirror or frame the Service, any individual element within the Service, the VIRAL LOOPS name, trademark, logo or other proprietary information and/ or the layout and design of any page, without VIRAL LOOPS’ explicit prior written consent; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VIRAL LOOPS or any other third party (including another user) to protect the Services or VIRAL LOOPS Content; Attempt to access or search the Services, user’s Content or VIRAL LOOPS content or scrape or download user’s content or VIRAL LOOPS content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VIRAL LOOPS or other generally available third party web browsers; Access, tamper with, or use non-public areas of the Service, VIRAL LOOPS computer systems; Attempt to probe, scan, or test the vulnerability of any VIRAL LOOPS system or network or breach any security or authentication measures; upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service; Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; Use VIRAL LOOPS’ user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software including its source code used to provide the Services; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Except for use of a "No Pin" instruction, use any meta tags or other hidden text or metadata utilizing a VIRAL LOOPS trademark, logo, URL, or product name without VIRAL LOOPS’ explicit prior written consent; Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by VIRAL LOOPS or in any manner not permitted by the Terms; Request, collect or store username, password, token or any other account authentication information from other users; Violate any applicable law or regulation (including but not limited to laws governing intellectual property rights, online conduct or online content); or encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
4.4 You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.
4.5 VIRAL LOOPS reserves the right, but is not obligated, to remove any Content for any reason or for no reason, including Content that VIRAL LOOPS believes violates these Terms of Service.
You may (depending on your tariff and license model) be required to download and install VIRAL LOOPS software ("Software"). In that event, VIRAL LOOPS agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and at any time revocable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by VIRAL LOOPS in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by intellectual property laws. All rights not expressly granted by VIRAL LOOPS are hereby reserved. You agree not to take any action to interfere with VIRAL LOOPS ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by VIRAL LOOPS to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and VIRAL LOOPS, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
VIRAL LOOPS has no responsibility and assumes no liability for any Campaign content that you or any other user or third party posts, sends, or otherwise makes available through the Service. You shall be solely responsible for your Campaign content and the consequences of posting, publishing it, sharing it, or otherwise making it available through the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Campaign content. You understand and agree that you may be exposed to Campaign content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that VIRAL LOOPS shall not be liable for any damages you allege to incur as a result of or relating to any Campaign content.
The Services may not be available during system maintenance which is normally scheduled for limited time each quarter of the year and you will receive respective notification at least 5 days before system maintenance starting time. VIRAL LOOPS may make modifications to its features or any Services (including adding and deleting features) to comply with laws and regulations or any time at its discretion to enhance or update the Services or the Software. VIRAL LOOPS may also change its price list, with future effect, without prior notice. The each time applicable price list may be found at https://viral-loops.com/pricing.
9.1 You agree that VIRAL LOOPS may suspend or terminate your access to the Services without notice and liability for any reason if: (a) VIRAL LOOPS determines that you have violated this Agreement, including payment terms or (b) VIRAL LOOPS is required to do so by any court or government authority in any country or (c) VIRAL LOOPS is required to do so to protect its interests, in which case you shall be informed accordingly.
9.2 VIRAL LOOPS may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. VIRAL LOOPS will issue a refund when appropriate.
9.3 You agree that VIRAL LOOPS may verify your compliance with this Agreement.
9.4 You are bound to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 4,5,9 (as to amounts due and owing), 11 and 12.
VIRAL LOOPS may make available a "beta" version of the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) VIRAL LOOPS makes no warranties and bear no liability with respect to the Beta Services; and (c) you agree to respond to VIRAL LOOPS questions and inquiries regarding your use of the Beta Services. You agree that VIRAL LOOPS has not made any promises or guarantees that Beta Services will be announced or made available in the future and that VIRAL LOOPS has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that VIRAL LOOPS may use and incorporate into VIRAL LOOPS products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to VIRAL LOOPS without compensation. VIRAL LOOPS may suspend or terminate access to Beta Services (and delete any Content or data provided to VIRAL LOOPS with respect to such Beta Service(s)) at any time, without notice and without compensation.
You agree that VIRAL LOOPS may (if applicable as per your selected tariff plan) charge your credit card or bill you for all amounts due and owing for your use of the Services. VIRAL LOOPS reserves the right to claim interest at the highest rate permitted by law on any payment that is not received when due. You agree to notify VIRAL LOOPS in writing of any disputed fees within ten (10) days from the date that your account is charged. VIRAL LOOPS may suspend the Services for non-payment of undisputed fees. VIRAL LOOPS is entitled to recover duly documented costs and expenses incurred by it in connection with the collection of fees not paid when due. The prices indicated in our price list do not include taxes or governmental charges such as VAT or other which shall be borne by you.
YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH VIRAL LOOPS SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRAL LOOPS AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND VALUE ADDED SERVICES PROVIDERS WILL NOT BE RESPONSIBLE FOR ANY HARM TO ANY DEVICE, ANY LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICES. VIRAL LOOPS DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS'' AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR OTHER. VIRAL LOOPS DOES NOT MAKE ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR PROFITS OR RESULTS AND OVERALL EFFECTIVENESS OF THE SERVICES OR THE CAMPAIGNS.
YOU AGREE THAT VIRAL LOOPS WILL HAVE NO LIABILITY TOWARDS YOU WHATSOEVER EXCEPT IN CASE OF ITS GROSS NEGLIGENCE OR FRAUDULENT MISREPRESENTATION. IN NO EVENT WILL VIRAL LOOPS BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. YOU AGREE THAT THE LIABILITY OF VIRAL LOOPS AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND VALUE ADDED SERVICES PROVIDERS TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO VIRAL LOOPS FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM.
NO LIABILITY SHALL EXIST FOR DAMAGES THAT HAVE NOT BEEN REPORTED TO VIRAL LOOPS IN WRITING WITHIN FOUR WEEKS OF THEIR OCCURRENCE, OR FOR DAMAGES WHERE YOU FAILED TO TAKE APPROPRIATE MEASURES TO LIMIT SUCH DAMAGES.
YOU WILL INDEMNIFY AND HOLD VIRAL LOOPS AND ITS OFFICERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS HARMLESS AGAINST ALL LIABILITY, COST, OR DAMAGE(S) INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF AND IN CONNECTION TO THIS AGREEMENT, INCLUDING ALL LEGAL EXPENSES AND RELATED COSTS OUT OF THIS AND IN CONNECTION TO THIS AGREEMENT.
14.1 Cancellations You can cancel your VIRAL LOOPS subscription at any time by sending an email at firstname.lastname@example.org. You do not need to provide a reason why you are canceling, but we would be interested in hearing why. Please note that you must cancel your subscription at any time before it renews for a subsequent billing cycle in order to avoid being charged for the next billing cycle’s subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current billing cycle.
14.2 NO REFUNDS Any fees paid by you are non-refundable. We will never make partial refunds in case you have not used all of our Services, or for any other reason whatsoever. In case you have performed a credit card chargeback or otherwise reversed a payment to us, we may immediately restrict or terminate your account. All charges remain non-refundable. We will never make refunds for partially used Services. We do not provide credit refunds or prorated billing for subscriptions that are cancelled mid-month. In such a circumstance, you will continue to have access to your subscription until the end of the plan’s billing cycle. VIRAL LOOPS reserves the right to offer refunds, discounts, credits or other consideration in selected circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another. In any case you can submit a refund request by emailing us on: email@example.com by providing the reason for such a request.
15.1 VIRAL LOOPS may change these Terms of Service any time. If VIRAL LOOPS makes a change to the Terms of Service the revised terms will be sent via email to the customer email address submitted in the Registration Information at least 5 days before going into effect. You agree that your continued use of the Services after these Terms of Service have been changed means that you have agreed to the changed terms.
15.2 Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks". VIRAL LOOPS retains ownership of all proprietary rights in all its Marks and Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any VIRAL LOOPS Marks, or other proprietary information (including images, text, page layout, or form) of VIRAL LOOPS without VIRAL LOOPS’ explicit prior written consent. You may not use any meta tags or any other "hidden text" utilizing VIRAL LOOPS Marks without VIRAL LOOPS’ explicit prior written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.
15.4 This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any such attempted transfer or assignment in violation hereof shall be null and void. VIRAL LOOPS may assign or delegate its rights and obligations under this Agreement either in whole or in part, without your prior consent.
15.5 Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, acts of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
15.6 You agree that if VIRAL LOOPS fails to assert any legal right or remedy under this Agreement, this will not be taken to be a formal waiver of VIRAL LOOPS’ rights and that those rights or remedies will still be available to VIRAL LOOPS.
15.7 If for any reason, a provision of this Agreement is held to be invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.8 You agree that we shall have no indemnification obligation with respect to any claims (i) arising due to you violating any applicable laws; (ii) arising due to you allegedly or actually violating any third party rights, including but not limited to data protection and privacy rights.
15.9 This Agreement and your relationship with VIRAL LOOPS shall be governed by the laws of England without regard to conflict of laws provisions and any related dispute shall be settled by the competent Courts of London – England.
In consideration of the mutual business covenants between the parties and other good consideration and specifically for pre-launch campaigns where a message and other material are becoming public beforehand, the parties agree as follows:
16.1 INFORMATION DISCLOSED Both parties need to receive certain confidential information, which may include (non extensive list): Discloser product design, trade secrets, templates under IP of the vendor, Methodologies, Discloser business strategy, and any other information that could be considered confidential due to their nature about the Discloser. For avoidance of misunderstanding, Viral Loops is a zero-touch / self-service viral campaign SAAS system, where users are creating campaigns by themselves. If a user creates a campaign similar to the campaign in subject this is not considered a bridge of the NDA clause mentioned and analysed in these terms and conditions under the Non-Disclosure clause.
16.2 USE OF INFORMATION Both parties agree to hold the disclosed confidential proprietary information for internal use only (building the viral campaign in subject) in the furtherance of the mutual business enterprise which is further described as follows: The confidential information may only be used when using the system to create a viral campaign or assisting the Discloser for the benefit of the Discloser.
16.3 NON-DISCLOSURE Both parties agree not to disclose Discloser confidential information to any third parties.
16.4 PROTECTION OF CONFIDENTIALITY Both parties agree that they have to protect the confidentiality and take all reasonable steps to prevent disclosure and use of the confidential information to prevent it from falling into the public domain or possession of unauthorized people. Each party will advise the other Party in writing regarding any misappropriation or misuse by any person of the confidential information.
16.5 RETURN OF MATERIALS Any materials or documents owned by the Discloser will be promptly returned by VIRAL LOOPS to Discloser upon request, or at the conclusion of VIRAL LOOPS work with the Discloser.
16.6 TIME PERIOD The obligations of VIRAL LOOPS hereunder shall survive for the period needed until the Campaign goes live. For non campaign-related info, the obligation will survive for the period of three (3) years after the disclosure of the confidential information.
16.7 MISCELLANEOUS This Agreement is binding upon and for the benefit of the parties, their successors and assigns, provided that the right to confidential information may not be assigned. Failure to enforce any provision of the Agreement shall not constitute a waiver of any term hereof.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”).
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) in creating your Campaign participant list, launching Campaigns via the Service, and/or otherwise collecting information as a result of creating or managing Campaigns, you represent and warrant to Viral Loops that:
17.2 You will get and maintain all necessary notices, permissions and valid consents required to lawfully transfer data to Viral Loops and to enable such data to be lawfully collected, processed, and shared by Viral Loops for the purposes of providing the Service or as otherwise directed by you.
17.3 You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully organise and send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
17.4 You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Viral Loops to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Statement.
17.5 You will sign and return Viral Loops’ Data Processing Addendum, which sets out your and Viral Loops’ obligations with respect to data protections and security when processing personal information. Once signed, the Data Processing Addendum will form part of and be incorporated into the Agreement. To request a DPA, please email firstname.lastname@example.org from the email address associated with your Viral Loops account. Signing a Data Processing Addendum is a prerequisite for your use of our Services and you are required to return it signed to us within 30 days from your registration.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond on your behalf, at our discretion, to any data subject requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section 17.
¹Within the European Economic Area and Switzerland, you may have a statutory right to withdraw from the plan for any or no reason within 14 calendar days of the day your order is confirmed.
Updated December 16, 2021