Terms of Service

These Terms of Service ("Terms") govern your use of the ViralFactory platform ("the Service"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

ViralFactory lets you create AI-generated virtual influencer characters and produce photos, videos, and social media content featuring them. Content generation consumes credits, which you obtain through a subscription or a one-time purchase.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

3. Accounts

You are responsible for maintaining the security of your account and for all activity that occurs under it. You must provide accurate information when signing up and keep it up to date. We may suspend or terminate accounts that violate these Terms.

4. Credits

• Credits are the internal currency used to generate content. The credit cost of each generation type is shown before you confirm it.
• Credits are deducted when a generation is performed. If a generation fails due to an error on our side, the credits for that generation are not consumed or are restored.
• Credits have no cash value, are non-transferable, and cannot be exchanged for money.
• Credits remain available for use while your account is active.

5. Subscriptions and Billing

• Subscription plans renew automatically each month and grant the plan's credit amount at the start of each billing cycle, until you cancel.
• Card and other non-crypto payments are processed by Dodo Payments, which acts as the merchant of record for those transactions. Your purchase is also subject to Dodo Payments' terms and privacy policy, and the charge on your statement may appear as "Dodo Payments".
• You can cancel your subscription at any time from the Billing page in your dashboard. Cancellation takes effect at the end of the current billing period; you keep access and any remaining credits, and you will not be charged again.
• One-time cryptocurrency purchases are processed by NOWPayments and are not recurring.
• Prices are shown before purchase and may change; changes to subscription pricing will be communicated in advance and apply from the next billing cycle.

6. Refunds

All purchases are final. Because credits grant immediate access to digital content generation, subscription payments and one-time purchases are non-refundable except where a refund is required by applicable law. For card payments, Dodo Payments is the merchant of record and purchases are also subject to Dodo Payments' buyer terms.

7. Acceptable Use

You agree not to use the Service to:

• Create content that depicts or impersonates a real, identifiable person without their explicit consent.
• Create content that is unlawful, defamatory, harassing, or that infringes the intellectual-property or privacy rights of others.
• Create sexually explicit content, or any content involving minors in any inappropriate context whatsoever.
• Deceive others in a manner prohibited by law or by the rules of the platform where you publish, including applicable AI-content disclosure and labeling requirements (for example, Instagram's rules for AI-generated content).
• Interfere with or disrupt the Service, attempt to bypass usage limits or credit accounting, or access it by automated means other than the interfaces we provide.

You are solely responsible for the content you create with the Service and for how you use and publish it, including compliance with the terms of third-party platforms such as Instagram.

8. Your Content and Ownership

Subject to these Terms and to the terms of the underlying AI providers, you own the content you generate with the Service, to the extent permitted by applicable law. You grant us a limited license to store, process, and display your content solely to operate and improve the Service. We may showcase example content only with your permission.

9. Third-Party Services

The Service relies on third-party providers, including authentication (Clerk), AI generation (including Atlas Cloud and xAI), payments (Dodo Payments, NOWPayments), and publishing integrations (Instagram / Meta). Their availability is outside our control, and your use of them may be subject to their own terms.

10. AI-Generated Content Disclaimer

AI-generated output is produced by machine-learning models and may be inaccurate, unexpected, or resemble existing styles or persons coincidentally. We do not guarantee any particular quality, performance, or social-media results ("virality") from content created with the Service.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, with notice where practicable. Upon termination, unused credits are forfeited except where a refund is required by law.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, ViralFactory shall not be liable for indirect, incidental, special, or consequential damages, or loss of profits, revenue, or data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the twelve months preceding the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including the statutory rights of consumers.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via the platform or by email before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms? Contact us at support@viralfactory.ai.