Terms and Conditions
Terms and Conditions are like rules for using our website and services. They are an agreement between you (the user) and us (Viralizai). These rules explain what you can and cannot do when using our services, and what happens if these rules are broken. By using our website or services, you agree to follow these rules.
1. General
These Terms and Conditions constitute a legally binding agreement between you and Viralizai, LLC ('Viralizai', 'we', 'our' or 'us'), which governs the use of our products, services, information, content, tools and website (collectively, the 'Services'). BY CLICKING 'AGREE' OR BY REGISTERING, DOWNLOADING OR USING OUR SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS. If you do not agree with these Terms, you will not have the right to access or use the Services.
2. Our Services
Viralizai offers a platform that enables Instagram interaction automation, including comment responses and direct message sending. Additionally, we provide a feature called Showcase, which creates post preview videos, allowing users to define the product name and link associated with the video.
Instagram interaction automation, including comment responses and direct messaging.
Showcase feature for creating post preview videos with customized links.
3. Account, Password and Security
To use the Services, you must create an account ("Account") and provide accurate and up-to-date information.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur in your Account.
In case of unauthorized use or security breach, you must notify us immediately.
4. User Generated Content
You are responsible for all content that you submit or publish through the Services ("User Content").
By using the Services, you agree not to submit content that is illegal, offensive, defamatory, or that violates third party rights.
Viralizai is not responsible for User Content, but reserves the right to remove it at its discretion.
5. Payments and Billing
To use our services, you agree to the following payment conditions:
Payments are processed through Stripe. By using the Services, you agree to Stripe's terms.
All prices are exclusive of taxes. You are responsible for any applicable fees or taxes.
Subscription plans are charged monthly or annually, and there are no refunds for cancellations in the middle of the billing cycle.
6. Prohibited Use
You agree not to use the Services for:
Illegal purposes or that violate third party rights.
Sending spam, viruses or malicious content.
Violating Instagram policies or other integrated platforms.
Attempting to access or manipulate restricted areas of the Services.
7. Intellectual Property
All intellectual property rights related to the Services belong to Viralizai.
You grant Viralizai a non-exclusive license to use, reproduce and modify User Content to provide the Services.
8. Termination
Viralizai reserves the right to terminate your account under the following circumstances:
You may cancel your Account at any time.
Viralizai may suspend or terminate your Account if you violate these Terms or for any other reason, at our discretion.
After cancellation, all your Account data may be permanently deleted.
9. Disclaimer of Warranties
The Services are provided "as is", without warranties of any kind. Viralizai is not responsible for:
Interruptions or unavailability of the Services.
Damages or losses resulting from the use of the Services.
10. Limitation of Liability
Under no circumstances will Viralizai be liable for indirect, incidental or consequential damages arising from the use of the Services. Our total liability to you will not exceed the total amount paid by you in the last 6 months.
11. Applicable Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflicts of laws. Any dispute will be resolved in the courts of Delaware.
12. Changes to Terms
Viralizai reserves the right to modify these Terms at any time. Significant changes will be communicated via email or through the Services. Continued use of the Services after changes constitutes your acceptance of the new Terms.
13. Contact
For questions or support, contact us at suporte@viralizai.co.
Data Processing Addendum (DPA)
A Data Processing Addendum is like a special set of rules that explains how we take care of your information. It's a promise we make to protect your data when you use our app. Think of it like the rules for how we store, use, and keep safe all the information you share with us, like your name or messages.
This Data Processing Addendum ("DPA") is part of Viralizai, LLC's Terms and Conditions and applies when you use our Services and provide us with personal data subject to the General Data Protection Law (LGPD) or other applicable data protection laws.
1. Definitions
Personal Data: Any information related to an identified or identifiable natural person, as defined in the LGPD.
Data Subject: The natural person to whom the Personal Data refers.
Controller: The entity that determines the purposes and means of processing Personal Data.
Processor: The entity that processes Personal Data on behalf of the Controller.
Services: The Instagram automation services and the Showcase feature provided by Viralizai.
2. Roles of the Parties
Viralizai as Processor: For Customer Data (user-generated content, such as comments, direct messages, and Showcase video data), Viralizai acts as a Processor, processing the data on behalf of the Customer and according to their instructions.
Viralizai as Controller: For Customer Account Data (registration information, such as name, email, and payment data), Viralizai acts as a Controller, processing the data for account management, billing, and legal compliance purposes.
3. Customer Instructions
By using the Services, the Customer instructs Viralizai to process Customer Data only to provide the Services and in compliance with the LGPD.
4. Subprocessors
Viralizai may engage Subprocessors to assist in providing the Services.
The Customer authorizes Viralizai to use Subprocessors, provided that Viralizai ensures they comply with data protection obligations similar to those in this DPA.
The list of Subprocessors is available at [link to Subprocessors list].
5. Security Measures
Viralizai implements technical and organizational measures to protect Personal Data, including:
Encryption of data in transit and at rest.
Permission-based access control.
Continuous security monitoring.
Incident response and disaster recovery plans.
6. Data Breach Notification
In case of a Data Breach, Viralizai will notify the Customer without undue delay, within a maximum of 72 hours after discovery.
The notification will include details of the breach, measures taken, and recommendations to mitigate risks.
7. Data Subject Rights
Viralizai will assist the Customer in responding to Data Subject requests (such as access, rectification, and deletion) in accordance with the LGPD.
If Viralizai receives a request directly from a Data Subject, it will redirect the request to the Customer, except when authorized to respond directly.
8. Data Retention and Deletion
After the termination of the Services, Viralizai will delete or return Customer Data, as requested, except when retention is required by law.
9. International Transfers
Viralizai may transfer Personal Data outside of Brazil, ensuring that such transfers comply with the LGPD and offer adequate protection.
10. General Provisions
This DPA is governed by the laws of Brazil.
Any conflict between this DPA and the Terms and Conditions will be resolved in favor of this DPA.
ANNEX 1: Processing Details
1A. Viralizai as Processor: Purpose: Provision of Instagram automation Services and Showcase. Categories of Personal Data: Comments, direct messages, Showcase video data. Categories of Data Subjects: Instagram users and Customer subscribers. Retention: Until the termination of the Services or as requested by the Customer.
1B. Viralizai as Controller: Purpose: Account management, billing, and legal compliance. Categories of Personal Data: Name, email, payment data. Categories of Data Subjects: Customer and their representatives. Retention: Until the termination of the contractual relationship or as required by law.
ANNEX 2: Security Measures
Data encryption.
Restricted access control.
24/7 security monitoring.
Disaster recovery plans.
ANNEX 3: International Transfers
Viralizai uses cloud providers with data centers located globally, ensuring compliance with the LGPD.
Privacy Policy
A Privacy Policy is like a map that tells you what happens to your information when you use our app. It explains in simple words what information we collect (like your name or messages), how we use it, and how we keep it safe. It's our promise to be honest about how we handle your data.
At Viralizai, LLC ("Viralizai", "we", "our" or "us"), we consider the privacy and security of personal data extremely important. This Privacy Policy describes how we collect, use, share, and protect the personal data of users of our Instagram automation services and the Showcase feature.
1. How We Collect Personal Data
When you use our Services: We collect information that you provide when using our services, such as comments, direct messages, and Showcase video data.
When you register: We collect information such as name, email, and payment data when creating an account.
When you interact with us: We collect information from emails, messages, and forms filled out on the website.
Tracking technologies: We use cookies and similar technologies to collect website usage data.
2. Types of Personal Data Collected
We collect and process the following types of personal data:
Account data: Name, email, payment information.
Usage data: IP address, browser type, pages visited.
User content: Comments, direct messages, and Showcase video data.
3. Purposes of Using Personal Data
We use your personal data to:
Provide and improve our services.
Manage your account and process payments.
Send communications about our services (with opt-out option).
Comply with legal obligations.
4. Sharing of Personal Data
We share personal data only in the following situations:
Service providers: Partners who help us operate the services (e.g., payment processors).
Legal requirements: When necessary to comply with laws or protect our rights.
Integrations: We share data with platforms such as Facebook, Instagram, TikTok, and YouTube, as necessary to provide the services.
5. Your Data Protection Rights
You have the following rights:
Access: Request a copy of the data we collect about you.
Correction: Request correction of incorrect data.
Deletion: Request deletion of your data, where applicable.
Objection: Object to the processing of your data for specific purposes.
To exercise these rights, please contact us at suporte@viralizai.co.
6. Retention of Personal Data
We retain your personal data for as long as necessary to provide the services, comply with legal obligations, or resolve disputes.
7. International Data Transfers
Your data may be transferred and processed outside of Brazil, always with adequate protection guarantees.
8. Data Security
We implement technical and organizational measures to protect your personal data, including encryption and access control.
9. Children's Information
Our services are not intended for individuals under 18 years of age. We do not intentionally collect data from children.
10. Changes to the Privacy Policy
We may update this policy periodically. We will notify you of significant changes.
11. How to Contact Us
For privacy-related questions or requests, please contact us at suporte@viralizai.co.
Service Providers and Subprocessors
Service Providers are like the helpers that we work with to make our app run smoothly. Just like how a restaurant might hire delivery drivers to bring food to customers, we use other companies to help us with things like storing your information safely, processing payments, or sending emails. This page lists all the helpers we work with.
Viralizai, LLC uses the following service providers and subprocessors to provide our Instagram automation services and the Showcase feature.
1. Subprocessors for Service Provision
For the provision of services, as specified in the Data Processing Addendum (DPA), Viralizai uses the following subprocessors:
| Entity Name | Processing Purpose | Location |
|---|---|---|
| Vercel | Website and application hosting and infrastructure | USA |
| Supabase | Database and cloud storage | USA |
| Sentry | Application error and log monitoring | USA |
| Stripe | Payment processing | USA |
| Zendesk | Customer support and ticket management | USA |
| Apple Sign-In | User authentication via Apple | USA |
| Google Sign-In | User authentication via Google | USA |
2. Third-Party Platform Integrations
For the provision of services, Viralizai may share personal data with the following third-party platforms, which act as processors on behalf of the customer:
Facebook
Instagram
TikTok
YouTube
Terms of Use for Beta Testers
These terms define the rules for participants in our beta program, who can test our services for free for a limited period before deciding if they want to continue using them as paying customers.
Welcome to the beta testing program of Viralizai LTDA ("Viralizai", "we", "our" or "us"). By participating in this program, you agree to the following Terms of Use. Please read carefully before using our services.
1. Purpose of the Testing Program
The testing program aims to allow users to experience our Instagram automation services and the Showcase feature for free for a limited period. After this period, services may be charged as described in these terms.
2. Free Trial Period
The free trial period will have a duration defined by Viralizai and will be communicated at the time of registration.
During the trial period, you will have access to limited or complete features, at Viralizai's discretion.
Viralizai reserves the right to terminate the trial period at any time, without prior notice.
3. Billing After the Trial Period
After the end of the free trial period, services may be charged according to the plans available on the Viralizai website.
You will be notified about the charge in advance and may choose to cancel the service before the charge is made.
If you do not cancel the service before the end of the trial period, you will be automatically charged according to the selected plan.
4. Disclaimer of Liability
Viralizai is not responsible for:
Direct, indirect, incidental, or consequential damages resulting from the use or inability to use the services.
Loss of data, service interruptions, or technical failures that may occur during the trial period.
Misuse of services by the tester or third parties.
Content generated or shared by you or third parties through the services.
You agree to use the services at your own risk.
5. Intellectual Property
All intellectual property rights related to the services, including software, designs, trademarks, and content, belong exclusively to Viralizai. You are not permitted to copy, modify, or distribute any part of the services without prior written authorization.
6. Acceptable Use
You agree to:
Use the services only for legal purposes and in accordance with these Terms of Use.
Not engage in activities that may harm Viralizai, other users, or third parties.
Not attempt to access restricted areas of the services or interfere with their operation.
7. Termination
Viralizai reserves the right to terminate your access to the services at any time, without prior notice, if you violate these Terms of Use or engage in activities considered inappropriate or illegal.
8. Changes to the Terms of Use
We may update these Terms of Use periodically. We recommend that you review them regularly. Continued use of the services after changes constitutes your acceptance of the new terms.
9. Applicable Law
These Terms of Use are governed by the laws of the State of Delaware, USA. Any dispute related to these terms will be resolved in the courts of Delaware.
10. Contact
For questions or more information about these Terms of Use, please contact us at suporte@viralizai.co.