Terms of Service

These Terms of Service ("Terms") govern your use of the Viral Scale AI website and any services we provide. By engaging with us — whether through our website, email, or a signed proposal — you agree to these Terms. Please read them. We've written them to be clear and fair, not buried in legalese.

If you don't agree with any part of these Terms, please do not use our services. Questions? Email us at hello@viralscale.ai before proceeding.

1. Acceptance of Terms

By accessing this website, submitting a contact form, signing a proposal, or otherwise engaging Viral Scale AI for services, you confirm that:

• You are at least 18 years of age or have the legal authority to enter into a binding agreement on behalf of a business.
• You have read, understood, and agree to be bound by these Terms.
• If acting on behalf of a company or organization, you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, clients, and anyone who interacts with Viral Scale AI in any capacity.

2. Services Description

Viral Scale AI is a digital content and marketing agency offering services including, but not limited to:

• AI Video Production — scripting, production, editing, and delivery of short and long-form video content using AI-assisted tools.
• Pet Content Creation — branded social content, photography direction, and video series for pet-related businesses and brands.
• Website Design & Development — custom website design, build, and launch, including landing pages and e-commerce sites.
• Social Media Management — content planning, creation, scheduling, community management, and performance reporting.
• Brand Identity — logo design, brand guidelines, typography, color systems, and visual identity packages.
• Paid Ads & Growth — paid advertising strategy, campaign management, and optimization across Meta, TikTok, Google, and other platforms.

The exact scope of services for each engagement is defined in a separate project proposal or service agreement. These Terms apply alongside any such agreement. In the event of a conflict, the signed project agreement takes precedence.

3. Payment Terms

We keep our payment terms simple and transparent.

• Project deposits: All one-time projects require a 50% deposit before work begins. The remaining 50% is due upon final delivery and approval, before files are transferred.
• Monthly retainers: Ongoing retainer services are billed monthly in advance. The first payment is due before work commences. Subsequent invoices are issued on the same date each month.
• Payment window: All invoices are due within 14 calendar days of the invoice date unless otherwise agreed in writing.
• Late payments: Invoices unpaid after 14 days may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on any project until overdue invoices are settled.
• Refund policy: Deposits are non-refundable once work has commenced. If we fail to deliver agreed services through no fault of the client, we will provide a pro-rated refund for work not completed.
• Currency: All invoices are issued in USD unless otherwise agreed. Bank transfer fees are the responsibility of the client.

4. Intellectual Property

We believe clients should own what they pay for. Here is how IP works with Viral Scale AI:

• Client ownership of deliverables: Upon receipt of full payment, all final deliverables created specifically for your project (logos, videos, website files, copy, etc.) become your property. You may use them freely without restriction.
• Our portfolio rights: We retain the right to showcase finished work in our portfolio, website, social media, and marketing materials, unless you request confidentiality in writing before the project begins. We will never disclose sensitive business information.
• Pre-existing IP and tools: Viral Scale AI retains ownership of all proprietary processes, workflows, templates, AI prompt systems, and tools used in delivering your project. These are not transferred as part of any engagement.
• Third-party assets: Any stock footage, music, fonts, or other licensed third-party assets used in your project are subject to their respective licenses. We will always use appropriately licensed assets and disclose any usage limitations.
• AI-generated content: Where AI tools are used to generate content, we ensure all outputs are reviewed, edited, and refined by our team. We comply with applicable laws regarding AI-generated content and do not use AI outputs that infringe on third-party rights.

5. Confidentiality

We take discretion seriously. Both parties agree to keep confidential any non-public, sensitive business information shared during the course of our engagement. This includes business strategies, financial data, client lists, and unreleased products.

Confidentiality obligations do not apply to information that is:

• Already publicly known at the time of disclosure.
• Independently developed by either party without reference to the confidential information.
• Required to be disclosed by law or court order (with prior notice given where legally permissible).

If you require a formal Non-Disclosure Agreement (NDA) before sharing sensitive details, please request one and we will happily accommodate.

6. Revisions and Approval Process

Our goal is for you to love the work. Here is how revisions work:

• Included revisions: Each project includes a defined number of revision rounds as outlined in your project proposal (typically 2–3 rounds depending on service type).
• Revision scope: A revision round covers changes to existing concepts. Entirely new directions or significant scope changes are considered a new phase of work and may be quoted separately.
• Feedback turnaround: We ask that you provide consolidated, clear feedback within 5 business days of each deliverable. Delays in feedback may affect project timelines, which we will communicate proactively.
• Final approval: Once you provide written approval of final deliverables (via email is sufficient), the project is considered complete. Requests for changes after final approval are treated as new work.
• Deemed approval: If we do not receive feedback within 14 days of delivering a final draft, it will be considered approved and the final invoice will be issued.

7. Client Responsibilities

A successful project is a partnership. To ensure smooth delivery, clients agree to:

• Provide accurate, timely, and complete information, assets, and access necessary for the project (e.g., brand guidelines, login credentials, existing files).
• Designate a primary point of contact who has the authority to give approvals and make decisions.
• Respond to requests for feedback, approvals, or information within the agreed timeframes.
• Ensure that any materials, content, or information provided to Viral Scale AI does not infringe on third-party rights or violate any laws.

Viral Scale AI is not liable for delays or quality issues resulting from incomplete, inaccurate, or late information provided by the client.

8. Limitation of Liability

We are proud of our work and stand behind it — but we want to be transparent about the limits of our liability.

• Viral Scale AI's total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific service giving rise to the claim in the 3 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, loss of business, or reputational harm, even if we have been advised of the possibility of such damages.
• We do not guarantee specific results from our marketing services (e.g., follower counts, ad spend returns, viral reach) as these are influenced by many factors beyond our control, including platform algorithm changes, market conditions, and competitive dynamics. We do guarantee consistent effort, transparency, and best-practice execution.
• We are not responsible for third-party platform outages, policy changes (e.g., Meta, TikTok, Google), or algorithm updates that may affect campaign performance.

9. Termination

Either party may terminate an ongoing service engagement with written notice. Here is how termination works:

• Monthly retainers: Either party may terminate with 30 days' written notice. You will be billed for the current month in full. No refund is provided for the notice period, during which we will continue delivering agreed services.
• Project work: If you wish to terminate a one-time project midway, you remain liable for work completed to date. Any deposit already paid will be applied to cover completed work; additional amounts may be invoiced if work completed exceeds the deposit.
• Termination for cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 7 days of written notice. In such cases, Viral Scale AI will invoice for all work completed and expenses incurred to date.
• Post-termination: Upon termination, we will deliver all completed work files to you upon settlement of any outstanding invoices. Confidentiality obligations survive termination.

10. Warranties and Representations

Viral Scale AI warrants that:

• We have the right and ability to enter into this agreement and perform the services described.
• Our work will be performed with reasonable skill, care, and professionalism in accordance with industry standards.
• Deliverables will be original work and, to the best of our knowledge, will not infringe on any third-party intellectual property rights.

The client warrants that:

• Any assets, content, or information provided to us is owned by the client or properly licensed, and its use will not infringe on any third-party rights.
• The business and intended use of our services are lawful and comply with applicable laws and platform policies.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of England and Wales, United Kingdom, without regard to its conflict of law principles.

In the event of a dispute, we encourage you to contact us first at hello@viralscale.ai. We genuinely want to resolve any issues fairly and quickly, and most concerns can be addressed through direct communication.

If a dispute cannot be resolved through good-faith negotiation within 30 days, both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales. For clients outside the United Kingdom, we are open to agreeing on alternative dispute resolution mechanisms (such as international arbitration) on a case-by-case basis.

12. Changes to These Terms

We may update these Terms periodically. When we do, we will update the date at the top of this page. For active clients on retainer agreements, we will provide at least 14 days' notice of material changes via email. Continued use of our services after any changes constitutes acceptance of the updated Terms.

We recommend bookmarking this page and reviewing it periodically if you engage our services on an ongoing basis.

13. Contact Information

For any questions, concerns, or correspondence regarding these Terms of Service, please contact us:

• Email: hello@viralscale.ai
• Instagram: @viral.scaleai
• Location: United Kingdom 🇬🇧

We aim to respond to all inquiries within 2 business days.