Terms of Service

Welcome to Viraly ("we", "us", "our"). By accessing or using our AI-powered social media automation platform at viraly.ca, you agree to be bound by these Terms of Service.

1. ACCEPTANCE OF TERMS

By creating an account or using Viraly, you confirm that you:

• Are at least 18 years of age
• Have the legal capacity to enter into this agreement
• Will comply with all applicable laws and regulations
• Accept our Privacy Policy

2. SERVICE DESCRIPTION

Viraly provides:

• AI-powered content generation for social media posts, videos, ads, and emails
• Automated posting to Facebook, Instagram, TikTok, Pinterest, LinkedIn, YouTube, and X (Twitter)
• Content scheduling and calendar management
• Brand learning from URLs - automatic extraction of brand voice and audience
• Personal branding features - headshot and logo overlay on images
• Viral score prediction and analytics
• AI video generation with audio script editing
• Ad creative generation for Facebook, Instagram, and Google
• Email content generation for newsletters and promotions
• Swipe-based content approval interface
• Voice-to-text input using AI transcription
• 500 FREE design templates included with every plan across 20 categories (General, Property, Product, Service, Event, Job, Restaurant, Automotive, Fitness, Travel, Education, Pet, Rental, Inspiration, Testimonials, Marketing, Business, E-commerce, Real Estate, Social Proof)
• Multi-Image Collage - combine up to 9 images into professional Open House flyers, grid layouts, and hero posts with custom text styling
• Custom Text Styling - customize fonts, colors, sizes, and backgrounds for text overlays on your posts
• Bulk Content Creation - schedule up to 90 days of content with unique AI variations for each day
• Auto-Pilot Content Creation - automated content generation, scheduling, and publishing based on your brand profile and industry trends

2.1 Auto-Pilot Feature Terms

When you enable Auto-Pilot, you authorize Viraly to automatically create and publish content to your connected social media accounts based on your brand profile and selected preferences. By using Auto-Pilot, you acknowledge and agree that:

• You have reviewed and approved your Auto-Pilot settings before activation
• Content will be generated and posted automatically according to your configured schedule
• If you select "Auto-Approve" mode, posts will publish without individual review
• You are responsible for monitoring your Auto-Pilot activity and adjusting settings as needed
• Viraly is not liable for any content published under Auto-Pilot mode that you did not manually review
• You can pause or disable Auto-Pilot at any time from your dashboard
• Credits will be consumed for Auto-Pilot generated content as per your plan

2.2 Data Retention & Storage

We retain user-generated content (images, videos) for a period of 90 days from creation date. After this period, content is automatically purged from our servers. Users should download and save any content they wish to keep permanently. This policy helps us maintain optimal performance while respecting your storage needs.

Important: Financial records and transaction data are retained for 7 years in compliance with Canadian tax regulations. This includes payment history, invoices, and subscription records.

2.2 Engagement Analytics

When you connect social accounts, we request permission to read engagement data (likes, comments, shares) to provide performance analytics. This data is synced every 6 hours for published posts and helps us provide AI-powered insights to improve your content strategy.

3. USER ACCOUNTS

3.1 Account Creation

You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the security of your account credentials.

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. Notify us immediately of any unauthorized access or security breach.

4. SUBSCRIPTION AND PAYMENTS

4.1 Plans and Pricing

We offer various subscription plans with different features and post limits. Prices are displayed on our pricing page and are subject to change with notice.

4.2 Video Credits System

Video generation uses a credit-based system. Credits are consumed based on video duration and quality:

Growth Plan (4 credits/month, 720p only):

• 10-second video: 1 credit
• 20-second video: 2 credits

Pro Plan (8 credits/month, up to 1080p):

• 20-second 720p video: 2 credits
• 20-second 1080p video: 4 credits

Growth Plan users have access to 720p quality videos only. Pro Plan users have access to both 720p and 1080p videos. Plan video credits are deducted first, followed by Pay As You Go credits.

4.3 Pay As You Go Video Credit Packs (10s/20s Videos)

For additional 10s and 20s videos beyond your plan credits, you can purchase Video Credit Packs:

• Quick Pack: 2 credits - $4.00 (for 2×10s or 1×20s videos)
• Standard Pack: 4 credits - $8.00 (for 4×10s or 2×20s videos)
• HD Pack: 12 credits - $22.50 (for 20s videos only: 6×20s-720p or 3×20s-1080p)

Note: HD Pack is designed for 20s videos only. For 30s+ videos, please purchase Extended Video Packs.

4.4 Extended Video Packs (30s-60s Videos)

For videos longer than 20 seconds (30s, 40s, 50s, 60s), customers must purchase Extended Video Packs separately:

• 720p Standard: 30s: $6 | 40s: $8 | 50s: $10 | 60s: $12
• 1080p HD (Pro only): 30s: $25 | 40s: $32 | 50s: $40 | 60s: $48

Extended Video Packs are one-time purchases and cannot be regenerated.

4.5 Regeneration Credits

Regeneration credits allow you to recreate content you're not satisfied with. Credits consumed vary by content type:

• Image posts: 1 regen credit
• 10s 720p videos: 3 regen credits
• 20s 720p videos: 6 regen credits
• 20s 1080p videos: 16 regen credits
• Extended videos (30s+): Cannot be regenerated (one-time purchase)

Each post can only be regenerated once. Pay As You Go regen packs: Basic (5 credits, $1.99), Standard (15 credits, $4.99), Bulk (30 credits, $7.99).

4.6 Billing

Subscriptions are billed monthly in advance. Canadian customers will be charged applicable taxes (GST/HST/PST/QST based on province). Payments are processed securely through PayPal.

4.7 Pay As You Go Credits Expiry

Pay-as-you-go credits (posts, video credits, and Extended Video Packs) have a validity period of 90 days from purchase date unless otherwise specified. Expired credits cannot be refunded, extended, or transferred.

4.8 Refund Policy

We offer a 7-day satisfaction guarantee for first-time subscribers only. After this period:

• Subscriptions are non-refundable after the 7-day trial period
• Unused credits do not roll over to the next billing period
• Pay As You Go purchases are non-refundable once processed
• Extended Video Pack purchases are final and non-refundable
• Partial month subscriptions are not refunded upon cancellation
• Chargebacks/disputes filed without prior contact may result in immediate account termination

If you experience technical issues, please contact care@viraly.ca before initiating any payment disputes. We are committed to resolving issues fairly but reserve the right to pursue all legal remedies for fraudulent chargebacks.

4.9 Loyalty Program

Our Rolling 12-Month Loyalty Program rewards your spending with permanent discounts:

• Bronze (5% off): Spend $100+ in the last 12 months
• Silver (10% off): Spend $300+ in the last 12 months
• Gold (15% off): Spend $750+ in the last 12 months
• Platinum (20% off): Spend $1,500+ in the last 12 months
• Diamond (25% off): Spend $3,000+ in the last 12 months

Tier status is recalculated based on your rolling 12-month spend. Discounts apply to ALL purchases and can stack with promotions and coupons (up to a maximum discount cap set by Viraly, typically 50%). Tier thresholds and discount percentages may be adjusted at our discretion with 30 days notice.

4.10 Referral Program

Earn rewards by referring friends to Viraly:

• Share your unique referral code or QR code
• When your friend signs up and makes their first purchase, you receive free post credits
• Your friend receives a discount on their first purchase
• Referral rewards are subject to verification and may be revoked for abuse

Self-referrals, fake accounts, or referral fraud will result in immediate account termination and forfeiture of all rewards. We reserve the right to modify or discontinue the referral program at any time.

4.11 Gift a Pack

Send credits to friends, family, or colleagues with our Gift a Pack feature:

• Purchase any credit pack and send it to someone via email
• Recipients receive an email with a unique gift code and redemption instructions
• Gift codes are valid for 90 days from the date of purchase
• Credits are added to the recipient's account upon redemption
• New users can create an account during redemption; existing users can redeem instantly
• Gifts cannot be refunded once purchased or redeemed
• You can include a personal message with your gift

4.12 Influencer Program

Top referrers may qualify for our Influencer Program and earn monetary commissions:

• Eligibility requires meeting referral thresholds set by Viraly
• Influencers earn a commission (typically 10%) on purchases made by their referred users
• Commissions are tracked and paid out via PayPal or e-Transfer upon request
• Minimum payout thresholds apply before withdrawal requests can be made

Influencer Publicity Consent: By participating in our Influencer Program, you grant Viraly permission to display your name (first name and last initial), general location (city/country), total earnings, projected monthly average earnings, and referral count on our website, marketing materials, and promotional content. This information helps demonstrate the success of our community and inspires others. Monthly average earnings displayed are estimates calculated based on your activity period and may not reflect actual month-to-month variations. No other personal information will be shared. You may opt out of public display by contacting support, though this may affect your eligibility for the Influencer Program.

5. ACCEPTABLE USE

You agree NOT to use Viraly to:

• Create or distribute spam, harassment, or abusive content
• Violate intellectual property rights or plagiarize content
• Impersonate others or create misleading content
• Distribute malware, viruses, or harmful code
• Violate social media platform terms of service
• Engage in illegal activities or promote violence
• Create content that is defamatory, obscene, or discriminatory
• Circumvent usage limits or abuse the service

6. CONTENT OWNERSHIP

6.1 Your Content

You retain ownership of content you create using Viraly. By using our service, you grant us a limited license to process and display your content as necessary to provide the service.

6.2 AI-Generated Content

Content generated by our AI tools is licensed to you for your use. You are responsible for reviewing and approving all content before publishing.

7. AI-GENERATED CONTENT DISCLAIMER

7.1 Nature of AI Content

All content generated by Viraly, including but not limited to text captions, video scripts, translations, voiceovers, images, and advertisements, is created using artificial intelligence (AI) technology. While we strive for accuracy and quality, AI-generated content:

• May contain errors, inaccuracies, or factual mistakes
• May not perfectly reflect your intended message or brand voice
• May require human review and editing before use
• Should not be relied upon for legal, medical, financial, or professional advice

7.2 Multi-Language Translations

Viraly offers AI-powered translation into 71 languages. You acknowledge and agree that:

• Translations are AI-generated and may contain errors
• Translations may not capture cultural nuances, idioms, or context accurately
• Translations may be grammatically incorrect or use inappropriate tone
• Translations should be reviewed by a native speaker before publication for critical communications
• We do not guarantee the accuracy of any translated content
• You are solely responsible for verifying translations before publishing

7.3 AI Voiceovers

AI-generated voiceovers in videos may have pronunciation issues, especially with proper nouns, technical terms, or languages with complex phonetics. You should review all voiceovers before publishing.

7.4 Your Responsibility

You are solely responsible for:

• Reviewing all AI-generated content before publishing
• Verifying the accuracy of facts, statistics, and claims
• Ensuring translations are appropriate for your target audience
• Editing content to match your brand voice and standards
• Obtaining necessary permissions for any factual claims
• Any consequences resulting from publishing AI-generated content

7.5 No Warranty

VIRALY PROVIDES AI-GENERATED CONTENT "AS IS" WITHOUT ANY WARRANTY OF ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED CONTENT, INCLUDING TRANSLATIONS AND VOICEOVERS.

8. STOCK PHOTOS AND THIRD-PARTY IMAGERY

8.1 Source of Stock Images

Viraly may use stock photographs from third-party providers including but not limited to Unsplash, Pexels, and similar stock photo services. These images are used under their respective licenses (typically Unsplash License or Pexels License) which permit free use for commercial purposes.

8.2 No Representation or Endorsement

YOU ACKNOWLEDGE AND AGREE THAT:

• Viraly does not own, represent, or endorse any individuals, businesses, locations, landmarks, cultural symbols, religious sites, or other subjects depicted in stock photographs
• Stock images are illustrative only and may not accurately represent specific people, places, products, or services
• Individuals appearing in stock photos are models and their appearance does not imply endorsement of any product, service, or viewpoint
• Landmarks, religious sites, cultural symbols, and locations depicted in stock photos are used for illustrative purposes only and do not represent any official association, endorsement, or affiliation
• We do not claim ownership or rights over the subjects depicted in third-party stock images

8.3 User Responsibility for Image Selection

When you select or approve stock images for your content, you assume full responsibility for:

• Ensuring the images are appropriate for your intended use and audience
• Verifying that images do not misrepresent your business, products, or services
• Respecting cultural, religious, and ethnic sensitivities in your image selection
• Ensuring images comply with applicable laws and regulations in your jurisdiction
• Any consequences arising from the use of stock images in your published content

8.4 Sensitive Content Categories

Special care must be taken when using images depicting:

• Religious sites and symbols: Churches, mosques, temples, religious ceremonies, sacred objects
• Cultural elements: Traditional clothing, cultural practices, ethnic representations
• Historical landmarks: National monuments, heritage sites, historically significant locations
• People and identifiable individuals: Even stock models should be used respectfully
• Geographical locations: Country flags, national symbols, regional identifiers

Viraly expressly disclaims any responsibility for offense, misrepresentation, or misuse arising from user-selected images in these sensitive categories. You are solely responsible for ensuring appropriate and respectful use.

8.5 No Guarantee of Availability

Stock images are provided by third-party services and their availability, licensing terms, or content may change without notice. We do not guarantee continuous availability of any specific stock image.

9. USER CONTENT AND PUBLISHING AUTHORIZATION

9.1 Authorization to Post

By using Viraly to create and schedule content, you expressly authorize us to:

• Generate content (text, images, videos) based on your inputs and brand profile
• Post content to your connected social media accounts on your behalf
• Schedule and automatically publish content at times you specify
• Apply your brand elements (logo, headshot, colors) to generated content

9.2 Your Approval Responsibility

BY CLICKING "GENERATE", "POST", "SCHEDULE", OR ANY SIMILAR ACTION, YOU CONFIRM THAT:

• You have reviewed and approved all content including captions, hashtags, images, and videos
• You authorize Viraly to publish this content on your connected social media platforms
• You take full responsibility for the content published under your accounts
• You have the right to use any brand names, trademarks, or intellectual property mentioned
• The content does not violate any laws, regulations, or third-party rights

9.3 Views and Opinions Disclaimer

VIRALY DOES NOT ENDORSE, SUPPORT, OR REPRESENT:

• Any views, opinions, statements, or claims expressed in user-generated or AI-assisted content
• Any products, services, or businesses promoted through our platform
• Any political, religious, social, or cultural viewpoints expressed in published content
• The accuracy or truthfulness of any claims made in user content

All content published through Viraly represents the views and opinions of the user who created and approved it, NOT the views of Viraly or its operators.

9.4 Indemnification for Published Content

You agree to indemnify, defend, and hold harmless Viraly and its operators from any and all claims, damages, losses, costs, and expenses (including legal fees) arising from:

• Content you publish or authorize for publication through our service
• Any misrepresentation in your published content
• Infringement of third-party rights through your content
• Violations of applicable laws or platform policies
• Claims related to stock images you selected and approved for use

10. THIRD-PARTY PLATFORMS

Viraly integrates with Facebook, Instagram, TikTok, Pinterest, LinkedIn, YouTube, and X (Twitter). Your use of these platforms is subject to their respective terms of service. We are not responsible for actions taken by these platforms, including account suspensions or content removal.

11. AUTO-POSTING AND SCHEDULING CONSENT

11.1 Automatic Publishing

By scheduling content through Viraly, you expressly consent to automatic publishing of that content to your connected social media accounts at the scheduled time. Once content is added to your scheduled queue, it will be automatically posted without requiring additional confirmation.

11.2 Your Responsibility

You are solely responsible for reviewing all scheduled content before the posting time. You may edit or delete any scheduled post at any time before it is published. We recommend reviewing your content queue regularly.

11.3 Content Review

While we provide AI-powered content generation, you maintain full control and responsibility over what gets published. By using the scheduling feature, you acknowledge that you have reviewed and approved the content for publication on your behalf.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Viraly and its operators shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Service interruptions or technical failures
• Actions of third-party platforms
• Content posted by users
• Errors or inaccuracies in AI-generated content or translations
• Any damages resulting from translated or AI-generated content

Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Viraly, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the service, violation of these terms, or publication of AI-generated content including translations.

14. TERMINATION

We may suspend or terminate your account at our discretion for violations of these terms or for any other reason with notice. You may cancel your subscription at any time through your account settings.

15. CHANGES TO TERMS

We may update these Terms of Service periodically. We will notify you of significant changes via email or platform notification. Continued use after changes constitutes acceptance.

16. B2B ENTERPRISE AND MERCHANT TERMS

16.1 Enterprise Accounts

Enterprises that subscribe to Viraly's B2B wholesale plans (Builder, Scaler, or Infinite) are subject to the Enterprise Master Service Agreement, available at viraly.ca/downloads/legal/. Enterprise accounts may:

• Manage credit pools and allocate credits to Merchants
• Access API integrations for custom implementations
• Create and manage Merchant accounts under their organization
• Receive priority support via Vira On-Call

16.2 Merchant Accounts

Merchants are end-users onboarded by Enterprises. Merchants acknowledge that:

• Their relationship is primarily with the Enterprise, not Viraly
• Credit allocation and access are controlled by the Enterprise
• They have no direct billing relationship with Viraly
• Support requests should first be directed to their Enterprise

16.3 Partner Program

Partners who refer Enterprise clients are subject to the Partner Agreement available at viraly.ca/downloads/legal/. Partner commissions are subject to the terms therein.

16.4 Legal Documents

The following legal documents govern B2B relationships and are available for download:

• Partner Agreement: Terms for referral partners
• Enterprise Agreement: Master service agreement for Enterprise customers
• NDA: Non-disclosure agreement for confidential discussions
• DPA: Data Processing Agreement for GDPR/PIPEDA compliance
• Content Liability Waiver: AI content disclaimer and indemnification

17. GOVERNING LAW

These terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.

17. GOVERNING LAW

These terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.

18. INTERNATIONAL USERS AND GLOBAL COMPLIANCE

18.1 Global Availability

Viraly is available to users in 195+ countries. By using our service from outside Canada, you consent to the transfer of your data to Canada for processing. We comply with applicable local laws where required.

18.2 European Union Users (GDPR)

For users in the European Economic Area, we process data under the following legal bases:

• Contract: Processing necessary to provide our services
• Consent: For marketing communications and optional features
• Legitimate Interest: For fraud prevention and service improvement

EU users have additional rights including data portability, restriction of processing, and the right to object. Data transfers outside the EEA are protected by Standard Contractual Clauses (SCCs).

18.3 Content Moderation by Region

Our AI content moderation adapts to regional requirements:

• EU/UK: GDPR-compliant processing, NetzDG compliance for German users
• Middle East: Cultural sensitivity filters for religious and political content
• Asia-Pacific: Compliance with local content regulations where applicable
• Americas: COPPA compliance for US users, LGPD for Brazil

Users are ultimately responsible for ensuring their content complies with local laws in their jurisdiction and target markets.

19. CONTACT US

For questions about these Terms of Service: