Terms and Conditions
Thank you for choosing Viral Nation Platform ("VN Platform").
The VN Platform software-as-a-service, all related services (collectively, the "Services") are owned by Viral Nation Inc. ("Viral Nation," "we," "us" or "our"). Any access or use of the Services by customers ("Customer," "you" or "your") are subject to these Terms of Service (the "Terms").
By placing an order for VN Platform or otherwise accessing and using the Services constitutes your unconditional acceptance of the Terms. If you do not agree to accept and abide by these Terms, do not access or use the Services.
If you are an individual, and you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are in such a jurisdiction and under such age limit, you may not enter into these Terms or use the Services. By using the Services you are explicitly stating that you have verified in your own jurisdiction that your use of the Services is allowed. Your account may be deleted and these Terms may be terminated without warning, if we believe that you are under age or your use of the Website (or any related services) otherwise violates this Terms.
1. MODIFICATION OF THESE TERMS
We may modify these Terms at any time and from time to time. Such modification shall be effective when we post the updated terms and conditions. You agree to be bound to any changes to these Terms when you use the Services (or any related services) after any such modification is posted. It is therefore important that you review these Terms.
2. LICENSING AGREEMENT
If you have entered into a separate VN Platform (Business) License Agreement with Viral Nation for internal business use of the Services (the "License Agreement"), these Terms shall be incorporated therein by reference and shall be subject to and made in accordance with such License Agreement.
3. THE SERVICES
VN Platform is an AI-powered tool that performs social media background checks across major platforms using Viral Nation's proprietary algorithm. Subject to these Terms and any additional rights as may be set out in a License Agreement, Viral Nation grants you a revocable, non-exclusive and non-transferrable right to access and use the Services for personal use only. Any analyses and reports generated by the Services are for informational purposes only, and shall at all times be subject to the restrictions set out in these Terms.
4. ACCEPTABLE USE AND RESTRICTIONS
4.1 Except as expressly set out in a Software License Agreement, the Services, and the reports and analyses generated therefrom, shall in no event be used indirectly or directly in connection with transmitting materials or with activities that are discriminatory, abusive, obscene, profane, sexually explicit, threatening, or constituting expressions of bigotry, racism or hate. The Services may not be used in connection with spamming or sending unsolicited commercial electronic messages.
4.2 You shall comply with all applicable laws (including, but not limited to laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Services.
4.3 You will not attempt to, nor permit any third party to, enter restricted areas of Viral Nation’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. We may, without notice, temporarily suspend your or any other parties' access to the Services, including, without limitation, any specific areas hosted within the Services, by deactivating any password(s) or links, if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Viral Nation may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
4.4 You will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted by Viral Nation; (iii) link to, mirror or frame any portion of the User Interface; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
4.5 You agree that by accessing the Services, you agree to be bound by the Terms of Service and Privacy Policies of applicable third parties and social media platforms.
Social Platforms Terms of Service
Social Platforms Privacy Policies:
You can revoke Viral Nation’s access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via each respective platform’s app and security settings via the links below. Note that revoking such authorizations may limit or eliminate certain functionality in Viral Nation’s Services.
5. USER ACCOUNTS
5.1 You must sign up for an account to use the Services.
5.2 To open an account you must complete the registration process by providing complete and accurate information requested on the registration form, including login information and a valid email address. You represent and warrant that all information that you provide in connection with the Services is true, accurate and complete.
5.3 If you are an individual user, you may also link your account with an account you have with a third party, such as Facebook or Google. You represent and warrant that any accounts you link with your account belongs to you and you are permitted to link it. You acknowledge and agree that Viral Nation does not control the policies and practices of any third-party site or service, including any account connected to the Services. Viral Nation is not responsible for any actions or omissions of providers of a third party account, including related to accuracy, legality or non-infringement.
5.4 You are entirely responsible for maintaining the confidentiality of your account credentials and password and that Viral Nation and any of its officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.
5.5 You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Services that occurs in conjunction with your passwords and user identifications, and that we are authorized to accept the user identifications and passwords as conclusive evidence that you have accessed or used the Services (or any related services).
5.6 You agree to notify Viral Nation immediately on any unauthorized use, theft or misappropriation of your account, username or password. Viral Nation shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
5.7 We may suspend your account and/or any transactions, and alert the applicable vendor(s), if we reasonably suspect that you have provided false, misleading or inaccurate information in connection with your user account.
6. FEES
6.1 You shall pay all fees applicable to your use of the Services in accordance with the payment options as made available by Viral Nation from time to time and as selected by you ("Fees").
6.2 Viral Nation reserves the right to suspend any portion or all of the Services for your failure to pay Fees, and shall be entitled to charge late interest on the Fees at the rate of two percent (2%) of the outstanding balance per month, or the maximum interest rate permitted by law, whichever is lower.
7. TERM AND TERMINATION
7.1 The term of these Terms shall commence upon your acceptance of these Terms and shall continue for the term as set out in a License Agreement or, if no such term is specified, as terminated in accordance with this Section 5.
7.2 Either party may terminate these Terms for convenience with 30 days' notice.
7.3 Viral Nation may terminate these Terms with 10 days' written notice to you for any material breach that remains uncured within such 10 day period, provided however, Viral Nation may immediately terminate this Agreement and all rights granted hereunder without notice if you breach any of the provisions under Section 2.
7.4 Upon termination of these Terms, all rights granted to you hereunder shall immediately cease and you shall not be permitted to access or use the Services from the date of termination.
8. PRIVACY
Viral Nation is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the Services (or any related services). Please see our Privacy Policy located at https://creator.viralnation.io/privacy-policy
9. VIRAL NATION MATERIALS
9.1 Viral Nation may make certain software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, "Viral Nation Materials") available to you from the Services. If you view, download or use Viral Nation Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Viral Nation's prior written permission and (iii) shall be only be used in compliance with any license terms accompanying such materials. Viral Nation does not transfer either the title or the intellectual property rights to the Viral Nation Materials, and retains full and complete title to the Viral Nation Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute or reproduce the Viral Nation Materials. You further agree not to decompile, reverse-engineer, disassemble or otherwise convert any Viral Nation Materials into a human-perceivable form. Viral Nation or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
9.2 The Services (including its organization and presentation and Viral Nation Materials) is the property of Viral Nation and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trademarks, trade-names, internet domain names and other similar rights. As between you and Viral Nation, all right, title and interest in and to the Services shall be owned at all times by Viral Nation, its licensors or suppliers, and no right or license to the Services are granted to you except as expressly provided in these Terms.
10. YOUR MATERIALS
10.1 The Services may allow you to load or generate materials (including wish lists and other files, text, video, audio and images contained in or generated by such materials and accompanying data) ("User Materials"). By doing so, you are granting Viral Nation, its officers, directors, employees, consultants, agents and representatives a non-exclusive license to use your User Materials in connection with the operation of the Services (or any related services). By loading or creating User Materials on the Services, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
10.2 You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. Viral Nation shall not be responsible or liable for the deletion or accuracy of any User Materials.
10.3 You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Services (or any related services) and agree to obtain and maintain all such consents or permissions throughout the term of these Terms.
11. REPORTS AND UPDATES
11.1 Based on your input (including User Materials) and instructions, the Services may generate various reports or analysis or other information and related resources ("Reports"). Any Reports generated in connection with the Services are owned by Viral Nation and you are granted a limited license to use such Reports only for the purposes of these Terms. We cannot and do not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Reports or your reliance on such information.
11.2 Viral Nation may revise, supplement or delete information and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors or users.
11.3 Viral Nation makes no representation or warranty that it will provide future updates, features or functionalities to the Services, and you acknowledge and agree that you are not entering into these Terms in reliance of any promise or communication regarding the availability of any updates, features or functionalities of the Services.
12. INTERNET SOFTWARE OR COMPUTER VIRUSES
Viral Nation shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services or your downloading of any of the Viral Nation Materials or User Materials from the Services. Viral Nation is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Services.
13. DISCLAIMER OF WARRANTIES
THE SERVICES, REPORTS AND VIRAL NATION MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VIRAL NATION DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, REPORTS OR THE VIRAL NATION MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
14. LIMITATION OF LIABILITY
14.1 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, REPORTS AND THE VIRAL NATION MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
14.2 IN NO EVENT SHALL VIRAL NATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION, LIABILITY INCURRED OR ASSERTED BY THIRD PARTIES, LOSS OF BUSINESS INFORMATION OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF SERVICES, REPORTS OR THE VIRAL NATION MATERIALS OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
14.3 IN EVERY EVENT, VIRAL NATION’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES PAID TO VIRAL NATION IN THE 12-MONTH PERIOD PRECEDING THE DATE UPON WHICH THE CLAIM FIRST AROSE.
14.4 THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR VIRAL NATION TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY VIRAL NATION, VIRAL NATION WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT CHARGING FEES.
14.5 SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
15.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VIRAL NATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS HARMLESS AGAINST ALL CLAIMS, LIABILITY, COSTS, EXPENSES AND DAMAGES ASSERTED AGAINST VIRAL NATION ARISING OUT OF OR IN CONNECTION WITH YOUR USE FOR THE SERVICES OR ANY BREACH BY YOU OR ANYONE ACTING ON YOUR BEHALF OF ANY OF THESE TERMS.
15.2 IF VIRAL NATION BECOMES SUBJECT TO ANY INVESTIGATION OR REGULATORY PROCEEDING ARISING OUT OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR REPORTS IN ANY MANNER CONTRARY TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM SUCH INVESTIGATIONS OR PROCEEDINGS, AND SHALL PROVIDE ALL REASONABLE ASSISTANCE, AT YOUR COST, WITH RESPECT TO SUCH INVESTIGATION OR PROCEEDINGS.
16. FEEDBACK
You may email your comments, suggestions and feedback (collectively, “Feedback”) to Viral Nation at the e-mail addresses provided in the Services. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) Viral Nation has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) Viral Nation may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
17. ACCESS RELATED TO ALLEGED VIOLATIONS
To the maximum extent permitted by law, you agree that Viral Nation or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services (and any of its related services), and you agree to give Viral Nation full access to your account and all information and records related thereto without the need for additional authorization.
18. APPLICABLE LAW
You agree that all matters relating to access to or use of the Services and Services, including these Terms, are governed by the laws of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Ontario.
19. GENERAL
19.1 These Terms (which incorporate by reference our Privacy Policy) set out the entire agreement between Viral Nation and you relating to the use of the Services, and supersede any and all prior or contemporaneous written or oral agreements, if applicable.
19.2 Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
19.3 These Terms are not assignable, transferable or sub-licensable by you except with Viral Nation's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
19.4 If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
Last Updated: June 25, 2025