1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Viraloo ("Company", "we", "us", or "our") governing your access to and use of the Viraloo platform, including all associated tools, features, APIs, and services (collectively, the "Service").
By registering for an account, accessing the Service, or clicking "I Agree," you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
We reserve the right to update these Terms at any time. Material changes will be communicated via email or prominent in-platform notice at least 14 days before taking effect. Your continued use after the effective date constitutes acceptance.
2. Eligibility
To use the Service you must: (a) be at least 18 years of age; (b) have the legal capacity to form a binding contract; (c) not be prohibited from receiving services under applicable law; and (d) operate from a jurisdiction where the Service is legally available. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
3. Account Registration and Security
You must provide accurate, complete, and current registration information. You are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at security@viraloo.org if you suspect any unauthorised access.
We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent or abusive behaviour. You may not create multiple accounts to circumvent restrictions or to gain unfair advantage in campaigns.
4. Description of the Service
Viraloo is a software-as-a-service (SaaS) platform that enables businesses, creators, and marketers ("Operators") to design, launch, and manage viral growth campaigns, including but not limited to:
- Referral Programmes: incentivised sharing mechanics that reward participants for referring new users
- Sweepstakes & Prize Draws: chance-based promotional contests where winners are selected randomly
- Giveaways: promotional campaigns distributing prizes to qualifying participants
- Waitlists: pre-launch or access-queue campaigns with referral-powered leaderboards
- Milestone Campaigns: progress-based campaigns rewarding participants for reaching defined thresholds
Viraloo provides the technology infrastructure only. We are not a promoter, sponsor, or co-organiser of any campaign created by Operators on our platform.
5. Campaign Rules and Legal Compliance
5.1 Operator Responsibility
Operators bear sole and exclusive responsibility for ensuring their campaigns comply with all applicable laws and regulations in every jurisdiction where the campaign is accessible, including without limitation:
- Sweepstakes, lottery, prize competition, and promotion laws (including state-specific rules in the United States, CAP Code in the UK, and equivalent legislation in other jurisdictions)
- Consumer protection and advertising standards legislation
- Data protection laws including GDPR, UK GDPR, CCPA/CPRA, and applicable equivalents
- Anti-spam legislation (CAN-SPAM, CASL, PECR)
- Tax laws applicable to prize distributions
- Financial promotions and gaming regulations where applicable
5.2 No Purchase Necessary
Where required by applicable law (including in most U.S. states), sweepstakes campaigns must include a free alternative method of entry ("AMOE") of equal standing to any paid entry method. Operators are solely responsible for ensuring their campaigns include legally compliant AMOEs where required. Viraloo provides technical AMOE functionality but does not provide legal advice on its adequacy.
5.3 Campaign Rules Requirement
Operators must publish clear, accurate, and complete official rules for any prize-based campaign, including: eligibility requirements; entry methods and period; prize description and approximate retail value; odds of winning; winner selection method and date; claim procedures; and any restrictions or void-where-prohibited notices.
5.4 Anti-Fraud and Fair Entry
Operators must not permit, encourage, or ignore fraudulent entries including automated bot entries, purchased followers or referrals, fake accounts, or coordinated manipulation. We reserve the right to disqualify fraudulent entries detected by our system and to suspend campaigns or accounts where fraud is identified.
5.5 Prohibited Campaign Content
Campaigns must not: promote illegal products or services; target minors without verifiable parental consent; involve adult, violent, discriminatory, or otherwise objectionable content; impersonate third parties or use unauthorised intellectual property; or promote multi-level marketing schemes structured as illegal pyramid schemes.
6. Referral Programme Mechanics
Viraloo's referral tracking technology attributes participant actions to referrers based on unique referral codes and/or cookies. We make commercially reasonable efforts to accurately track referrals, however we do not guarantee 100% attribution accuracy due to factors beyond our control including browser privacy settings, ad blockers, cookie deletion, cross-device tracking limitations, and network issues.
Points, leaderboard positions, and referral counts displayed within the platform are for informational purposes. Operators may, at their sole discretion, verify referral data before awarding prizes and may disqualify referrals that do not meet their stated campaign criteria.
7. Intellectual Property
7.1 Our IP
The Service, including all software, designs, trademarks, logos, text, graphics, and other content created by Viraloo ("Viraloo IP"), is owned by or licensed to Viraloo and protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purposes during the term of your subscription. No other rights are granted.
7.2 Your Content
You retain ownership of all content, data, images, branding materials, and other materials you upload or create within the Service ("User Content"). By uploading User Content, you grant Viraloo a worldwide, non-exclusive, royalty-free licence to host, process, display, and transmit such content solely as necessary to provide the Service. We do not claim ownership of your User Content.
7.3 Feedback
If you submit suggestions, feature requests, or other feedback about the Service, you grant us an irrevocable, perpetual, royalty-free right to use and incorporate such feedback without any obligation to you.
8. Payments, Subscriptions, and Billing
8.1 Plans
Access to certain features requires a paid subscription. Current pricing, features, and limits for each plan are detailed on our pricing page. We reserve the right to modify pricing with at least 30 days' prior notice.
8.2 Billing
Subscription fees are billed in advance. Monthly subscriptions are billed monthly; annual subscriptions are billed annually. All payments are processed by Stripe, Inc. By providing a payment method, you authorise us to charge the applicable fees on each billing date. Failure to pay may result in suspension or termination of your account.
8.3 Taxes
Fees are exclusive of all applicable taxes. You are responsible for paying all taxes associated with your purchase of the Service. Where we are legally required to collect taxes, they will be added to your invoice.
8.4 Refunds
Refunds are governed by our Refund Policy, incorporated into these Terms by reference.
8.5 Fair Use and Limits
Each plan includes usage limits (campaign counts, participant limits, email sends, etc.) as stated on the pricing page. Exceeding limits may result in automatic upgrade, throttling, or a request to upgrade. We reserve the right to enforce limits and to charge overages where applicable.
9. Data Protection
Your use of the Service involves the collection and processing of personal data. Our Privacy Policy and, where applicable, our Data Processing Agreement ("DPA"), govern such processing. By using the Service, you acknowledge and agree to the terms of our Privacy Policy. If you are using the Service as a data controller under GDPR, you must enter into our DPA before processing EU/UK personal data through the platform.
10. Confidentiality
Each party may disclose confidential information to the other. The receiving party agrees to: use confidential information only for the purposes of this agreement; protect it with the same care used for its own confidential information (at minimum, reasonable care); and not disclose it to third parties without prior written consent, except as required by law.
11. Warranties and Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT CAMPAIGN RESULTS WILL ACHIEVE ANY PARTICULAR OUTCOME.
We make no representation or warranty regarding the legality of any campaign you run using the Service in any particular jurisdiction. You are solely responsible for obtaining appropriate legal advice.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRALOO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO VIRALOO IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) USD $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless Viraloo and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your User Content; (c) your campaign(s), including any prize disputes, regulatory violations, or third-party claims; (d) your infringement of any intellectual property or other rights of any person; or (e) your violation of any applicable law.
14. Term and Termination
These Terms remain in effect while you use the Service. We may suspend or terminate your account and access to the Service immediately, without prior notice, for any breach of these Terms, non-payment, suspected fraud, or as required by law. You may cancel your account at any time through your account settings.
Upon termination: your right to access the Service ceases immediately; we will retain your data for 30 days after which it will be permanently deleted (unless longer retention is required by law); and any outstanding fees become immediately payable.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved after 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of a recognised arbitration body, unless you qualify for small claims court. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.
16. General
Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any applicable DPA, constitute the entire agreement between you and Viraloo regarding the Service.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations freely.
Contact: Legal notices to Viraloo should be sent to legal@viraloo.org.