Terms and Conditions
Effective Date: 11/25/2024
Last Updated: 11/25/2024

Welcome to FindViral (“the Service”). These Terms and Conditions outline the rules and regulations for using our product, which helps users discover viral videos and songs trending on social media platforms, such as TikTok. Please read these terms carefully before using the Service. By accessing or using the Service, you accept and agree to be bound by these terms.

If you do not agree, you may not use the Service.

 

1. Definitions

  • “Service” refers to the FindViral website, app, and related features.
  • “We,” “Us,” “Our” refers to FindViral, the provider of the Service.
  • “User,” “You,” “Your” refers to anyone accessing or using the Service.
  • “Content” includes text, images, videos, audio, and other material available through the Service.

 

2. Subscriptions and Payments

  • Some features of the Service may require account registration. You agree to provide accurate, complete, and up-to-date information.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Notify us immediately at [email protected] of any unauthorized access or use of your account.

 

3. Access and Use of the Service

  • The Service is intended for personal use only.
  • You may not:
    • Attempt to gain unauthorized access to the Service or its related systems.
    • Use the Service for illegal, harmful, or fraudulent activities.
    • Scrape, harvest, or extract data from the Service using automated tools unless explicitly permitted by us.
  • We reserve the right to modify or discontinue any part of the Service without notice.

 

4. Proprietary Rights

  • All intellectual property related to the Service (design, functionality, code, trademarks, logos, etc.) is owned by FindViral or licensed to us.
  • The Service may display content sourced from TikTok or other platforms under fair use. We do not claim ownership of this third-party content.
  • Users may not copy, distribute, modify, or create derivative works of the Service or its content without prior written consent.

 

5. User Conduct

You agree not to use the Service:

  • To engage in any illegal, harmful, or fraudulent activities.
  • To scrape, harvest, or reverse-engineer the Service.
  • To infringe on the intellectual property rights of social media platforms(e.g. TikTok), FindViral, or third parties.
  • You must not upload, share, or link to any content that is defamatory, obscene, or violates any laws or third-party rights.

 

6. Third-Party Content and Links

  • The Service integrates data and trends sourced from third-party platforms, including TikTok. While we make every effort to ensure the accuracy of this data, we do not control, endorse, or guarantee the content or reliability of information provided by third parties.
  • By using the Service, you acknowledge that:
    • The Service depends on APIs and data feeds from third-party platforms, which may change or become unavailable without notice. We are not liable for disruptions caused by such changes.
    • Viral videos, songs, or trends identified by the Service may include copyrighted or proprietary content owned by third parties. You are responsible for ensuring your use of such content complies with applicable laws and TikTok's Terms of Service.
  • The Service may also include features or links that direct you to third-party websites or applications. These are provided for your convenience, and we do not bear responsibility for the content, policies, or practices of such platforms.
  • We encourage users to review and comply with the terms and conditions and privacy policies of any third-party services accessed through the Service.

 

7. Subscription and Fees

Free and Paid Plans

  • The Service offers both free and paid plans. Free plans provide access to limited features, while paid plans unlock additional tools, insights, or functionalities. Details of available plans and their respective features can be found on our Pricing Page/Plan Description Page.
  • We reserve the right to modify, add, or remove features from both free and paid plans at any time without notice.

Billing

  • By subscribing to paid features, you agree to pay the fees specified at the time of purchase, plus any applicable taxes.
  • Payments are processed through third-party payment providers. You must provide accurate billing information, including a valid payment method.
  • Subscriptions may be billed on a recurring basis (e.g., monthly or yearly). By subscribing, you authorize us or our payment provider to charge your payment method for recurring fees until you cancel.

Free Trial

  • We may offer free trial periods for certain paid features. Free trials are limited to one per user, unless otherwise stated.
  • At the end of the free trial, you will automatically be enrolled in the applicable paid plan unless you cancel before the trial period ends.

Price Changes

  • We reserve the right to change subscription prices at any time.
  • If a price change affects an existing subscription, we will notify you in advance. Continued use of the Service after the effective date of the price change constitutes acceptance of the new pricing.

Refund Policy

  • Subscription fees are non-refundable except as required by law. For example, if you are located in a jurisdiction with mandatory refund rights (such as the EU’s 14-day cooling-off period), you may be eligible for a refund within the legally specified time frame.
  • Refunds are not provided for unused portions of a subscription period, downgrades, or cancellations that occur mid-term.

Promotions and Discounts

  • We may offer discounts, promotional pricing, or coupons for paid plans. Such offers are valid only for the specified duration and are subject to the terms outlined in the promotion.
  • Promotions cannot be combined unless explicitly stated.

Cancellation

  • You can cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing cycle, and you will retain access to paid features until that time.
  • Failure to pay subscription fees may result in suspension or termination of your access to paid features.

Upgrades and Downgrades

  • If you upgrade your plan, the change will take effect immediately, and you may be charged a prorated amount for the remainder of the billing cycle.
  • If you downgrade your plan, the change will take effect at the end of your current billing cycle.

Taxes

  • Subscription fees are exclusive of taxes unless otherwise stated. You are responsible for paying all applicable taxes based on your billing address.

 

8. Data Privacy

We value your privacy and are committed to protecting your personal information. This section outlines key data privacy practices related to the Service. For full details, please review our Privacy Policy

Personal Data Collection

  • When you use the Service, we may collect personal information, such as your name, email address, payment information (for paid plans), and any other details you voluntarily provide.
  • Certain data, such as your IP address, device type, browser version, and usage patterns, may be automatically collected to improve your experience and for security purposes.

How We Use Your Data
By using the Service, you consent to the collection and use of your data for purposes such as:

  • Service Functionality: Providing access to features, maintaining account information, and processing transactions.
  • Personalization: Enhancing your experience by recommending relevant content or features based on your preferences.
  • Analytics: Aggregating usage data to monitor trends, improve performance, and develop new features.
  • Communication: Sending updates, newsletters, or support messages (you may opt out of marketing emails at any time).
  • Legal Compliance: Complying with applicable laws, regulations, or enforcement requests.

Non-Personal Data Collection

  • We may collect non-personal information, such as anonymized usage statistics and aggregated data, to analyze user behavior and improve the Service.
  • This data does not identify individual users and may be shared with partners or used internally for research and marketing purposes.

Data Protection

  • We implement reasonable administrative, technical, and physical safeguards to protect your personal data against unauthorized access, loss, misuse, or alteration.
  • Despite our efforts, no system is completely secure. By using the Service, you acknowledge that the transmission of data over the internet carries inherent risks.

Third-Party Data Sharing

  • We do not sell or rent your personal information to third parties.
  • We may share your data with:
    • Service Providers: Trusted partners who assist us in delivering the Service (e.g., payment processors, hosting providers).
    • Legal Authorities: If required by law or to protect our legal rights.
    • Business Transfers: In the event of a merger, acquisition, or sale of assets, your data may be transferred to the acquiring entity.

Cookies and Tracking Technologies

  • The Service may use cookies, web beacons, or similar technologies to enhance functionality and monitor user interactions.
  • You can control cookie preferences through your browser settings, but some features of the Service may not function properly without them.

Your Rights
Depending on your location, you may have specific rights regarding your personal data, including:

  • Accessing the information we hold about you.
  • Requesting corrections to inaccuracies in your data.
  • Deleting your personal data (subject to legal and contractual obligations).
  • Opting out of certain data collection practices, such as marketing communications.

Changes to Data Privacy Practices

  • Our Privacy Policy may be updated periodically to reflect changes in laws or our data practices. We will notify you of significant updates and, where required, seek your consent.

Contact Information
For questions, concerns, or requests related to data privacy, please contact us at:

 

9. Disclaimer of Warranties

  • The Service is provided “as-is” without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, non-infringement, or availability.
  • We do not guarantee:
    • The accuracy or reliability of viral content trends.
    • That the Service will be uninterrupted or error-free.

 

10. Limitation of Liability

To the fullest extent permitted by applicable law:

Exclusion of Certain Damages:

  • FindViral, its affiliates, officers, employees, agents, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
    • Loss of revenue, profits, or business opportunities.
    • Loss of data or content, whether caused by a system failure, unauthorized access, or other events.
    • Downtime, service interruptions, or delays.
    • This applies even if FindViral was advised of the possibility of such damages.

Scope of Limitation:

  • Liability is excluded regardless of the legal theory (contract, tort, negligence, or otherwise).
  • Some jurisdictions may not allow the exclusion of certain types of damages; in such cases, this limitation will apply to the maximum extent allowed by law.

Maximum Aggregate Liability:

  • If FindViral is found liable for any claim, the total liability will not exceed the amount you paid for the Service in the six (6) months immediately preceding the incident that caused the claim.
  • If you use the Service for free, our liability is limited to $0.

No Guarantee:

  • We make no guarantees about the reliability, availability, or accuracy of the Service and will not be liable for disruptions, bugs, or errors inherent in digital services.

Force Majeure:

  • We are not liable for failure or delay in performance caused by events outside our reasonable control, including but not limited to natural disasters, government actions, cyberattacks, or technical failures.

 

11. Indemnification

You agree to indemnify, defend, and hold harmless FindViral, its affiliates, and their respective officers, employees, agents, licensors, and partners from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

  • Your Actions:
    • Your violation of these Terms and Conditions or any other policies or agreements you enter into with us.
    • Your use of the Service in a manner that violates applicable laws, rules, or regulations.
  • Third-Party Claims:
    • Claims brought by third parties alleging that your use of the Service infringes upon their intellectual property rights, privacy rights, or other legal rights.
    • Issues caused by content you upload, share, or transmit through the Service.
  • Harm to Our Service:
    • Your actions or omissions that disrupt, harm, or damage the operation, security, or integrity of the Service or our systems.
  • Defense and Cooperation:
    • We reserve the right to assume the exclusive defense of any claim for which you are obligated to indemnify us.
    • You agree to cooperate fully as required in the defense of any such claim.
    • You may not settle any claim without our prior written consent unless the settlement completely and unconditionally releases us from all liability.

 

12. Termination of Use

  • Grounds for Termination:
    We reserve the right to suspend, restrict, or terminate your access to the Service at our sole discretion if:
    • You violate any provisions of these Terms or other policies applicable to the Service.
    • We detect or suspect unauthorized, illegal, or fraudulent use of your account.
    • Your use of the Service disrupts our systems, other users, or poses a security risk.
    • You fail to pay applicable fees for paid plans, if applicable.
  • Procedure for Termination:
    • We may attempt to notify you of the suspension or termination of your account, but this is not guaranteed.
    • Upon termination, your right to access the Service and its features will cease immediately.
  • Consequences of Termination:
    • Any data, content, or customizations stored in the Service may no longer be accessible to you.
    • You remain responsible for any unpaid fees or charges incurred before termination.
    • Sections of these Terms intended to survive termination (e.g., Limitation of Liability, Indemnification, and Governing Law) will remain in effect.
  • Voluntary Termination:
    • You may terminate your account at any time by following the instructions provided within the Service or by contacting our support team.
  • No Liability:
    • We are not liable for any damages or losses resulting from the termination of your access to the Service.

 

13. Changes to the Terms

  • Right to Modify:
    • We may update or amend these Terms periodically to reflect changes in the Service, legal requirements, or business practices.
  • Notice of Changes:
    • Material changes will be communicated to you through a notification within the Service, via email, or by other reasonable means.
    • Updates will be effective immediately upon posting unless stated otherwise.
  • Your Responsibilities:
    • You are responsible for reviewing the Terms periodically to stay informed about updates.
    • Continued use of the Service after changes have been posted constitutes your acceptance of the updated Terms.
  • Disagreement with Changes:
    • If you do not agree with the updated Terms, you must discontinue your use of the Service.

 

14. Governing Law and Dispute Resolution

Applicable Law:

  • These Terms are governed by and interpreted under the laws of the United States, without regard to its conflict of law provisions.

Dispute Resolution:

  • Negotiation: In the event of a dispute, you agree to first attempt to resolve the issue informally by contacting our support team.
  • Arbitration: If negotiation fails, disputes will be resolved through binding arbitration conducted in accordance with the rules of your Arbitration Provider in your Arbitration Location.
    • Each party will bear its own arbitration costs unless otherwise decided by the arbitrator.
  • Litigation: If arbitration is not enforceable or applicable, disputes may be resolved in the courts located in Your Jurisdiction. You consent to the personal jurisdiction of these courts.

Class Action Waiver:

  • To the fullest extent permitted by law, you agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions:

  • Claims for injunctive or equitable relief to protect intellectual property rights or prevent unauthorized use of the Service may be brought directly in court without prior arbitration.