Terms of Service

Last updated: April 4, 2022

Thank you for using Virality! The Terms that are listed apply to anyone who visits our website or uses our services. They are detailed to protect you and us and to ensure our relationship will be well defined and clear. When we say “Company”, “we”, “our”, or “us” in this document, we are referring to ANGKEL G.P. Our company offers a wide range of services and features and part of the terms may not be relevant to the specific services you use.

When we say “Services”, we mean any product created and maintained by ANGKEL, G.P. That includes Virality (all versions), and any other applications, whether delivered within a web browser, desktop application, mobile application, or another format. These Terms of Service ("Terms", "Agreement") govern all use of the Viralityapp.com website ("Virality", "Website") and all content, services and products at or through the Website and other product and services ("Services") provided by our company.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services. If you are agreeing to these Terms on behalf of someone else (e.g. your employer) then you are warranting to Us that you have full legal authority to bind that third party. Please read this Agreement carefully before clicking your consent (e.g. "Continue", "Log in", or "Sign up") or before using our Services. By proceeding you agree to become bound by the Agreement Terms and its conditions. If you do not agree to the terms of this Agreement, then you may not access the Website or use any Services. We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will also announce them on our product blog.

When you use or visit our Services, now or in the future, you are fully agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust. If you find a Viralityapp.com account which you have reasonable reasons to believe violates our Terms please contact us immediately to inform us.

Account Terms

  1. In order to access and use certain sections and features of the Services, you must first create an account with Us. ("User Account", "You). The Website and Services are only available to individuals who are at least 16 years old.
  2. You are responsible for maintaining the security of your Account and the necessary credentials to access it. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We may recommend users set up two-factor authentication for added security. In some of our Services, we may require it.
  3. You must provide your legal full name, a valid email address and any other requested information to complete the User Account creation and payment process. Therefore you must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4. You may not use the Services for any purpose outlined in our Restrictions policy.
  5. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account. If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account and use the Services. All such activities will be deemed to have occurred on your behalf and in your name. Therefore we strongly recommend that you do not share your access credentials with others.
  6. In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by Us. We may request documentation (e.g. government-issued ID, a business license) that may assist Us to determine ownership.

Payment, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data. This clause does not include any potential transfer of ownership of the Services to a third-party entity.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. Although we aim to offer an unlimited trial period, we reserve the right to limit trials to a total of 14 days per account if we deem necessary. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will proceed with its removal.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle, unless agreed otherwise.
  4. You are responsible for payment of all taxes, levies, or duties. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities unless stated otherwise. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.
  5. The Services are provided with a trial period when applicable and as a result you can decide if you want to upgrade to a paid account. Thus, we do not offer refunds unless we deem it necessary. Example would be if you experienced extended downtime (multiple hours in a day, or multiple days in a month) or you emailed our Company and it took multiple days to get back to you, we’d issue a partial credit to your account.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple cancellation flow. An email, letter or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact us.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation or removal. Within a reasonable time period (usually around 30 days), all content will be permanently deleted from our database. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, you may find an option within our Service or you can contact us.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take at the end of the billing cycle, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. There are some things we staunchly stand against and this clause is how we exercise that stance
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We make a promise to our customers to support our Services for as long as possible and is sustainable for us as a company. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be improved or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously. Visit https://status.viralityapp.com/ to see the status of our Services.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. There are some edge cases where we may send your data through our network unencrypted.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that our company may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
    • To safeguard Virality. We'll look at logs and metadata as part of our work to ensure the security and efficiency of your data and the Services as a whole. If necessary, we may also access accounts as part of an incident investigation.
    • To the extent required by applicable law. As an E.U. based company, we only preserve or share customer data if compelled by a US or EU government authority with a legally binding order or proper request under the Stored Communications Act. If our Company is audited by a tax authority, we share the necessary billing information needed to complete the audit.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

  1. All materials ("Content") posted on the Services must comply with the European Union copyright law. If you find a Viralityapp.com account which you believe violates your copyright please contact us immediately to inform us.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded by you remain yours. This does not include designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces provide by us or our services.
  3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service and to terminate the responsible User Accounts.
  4. You are responsible for any content you provide, including compliance with applicable laws. Content on the Services may be protected by others' intellectual property rights. You must not describe or utilize keywords to your blog or site, in a misleading or unlawful manner. Please do not plagiarize, copy or share content in any form unless you have the right to do so. That includes any designs, images, logos, illustrations, artworks, text, videos or any other materials you provide for the purpose of creating or updating your site or blog.
  5. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please contact us with requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  7. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
  8. You must not use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any part of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

We may offer Application Program Interfaces ("API"s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Some third-party providers may create integrations between our Services and theirs. We are not liable or accountable for any of these third-party integrations.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are placing your trust in us. If you decide it does not work out, that's on you, not us. We do our best to be as safe a choice as possible through careful management of the business; investments in security and infrastructure. If you choose to use our Services, thank you for placing your trust in us.

If you have a question about any of the Terms of Service, please contact our team.