Terms of Service

Welcome to ViraCreator. These Terms of Service (“Terms”) govern your access to and use of the ViraCreator platform, website, and services (collectively, the “Service”) operated by ViraCreator LLC (“ViraCreator,” “we,” “us,” or “our”). By creating an account or using our Service, you agree to be bound by these Terms, our Acceptable Use Policy, and our Privacy Policy, each of which is incorporated by reference.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you may not use the Service.

1. Account Registration

To use our Service, you must:

• Be at least 16 years old (if you are between 16 and 18, you must have parental or guardian consent)
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account

Each user must maintain a unique account. You may not create multiple accounts to circumvent usage limits, access free-tier benefits more than once, or for any other purpose. If we believe you are abusing the free tier or creating duplicate accounts, we may charge you applicable fees or terminate your access.

When you create an account, you also create a team workspace. As the account owner, you are responsible for all activity that occurs under your team, including the actions of any members you invite.

2. Use of the Service

Permitted Use

You may use ViraCreator to:

• Create AI-generated avatars for use in advertising content
• Upload and manage product information and images
• Generate UGC-style video advertisements
• Create standalone AI videos in the Studio
• Collaborate with team members on ad campaigns

Prohibited Use

Detailed rules governing AI-generated content, advertising disclosure obligations, impersonation, political content, and other prohibited uses are set out in our Acceptable Use Policy. In addition, you agree not to:

• Attempt to reverse-engineer, decompile, or extract source code from our Service or its underlying models, algorithms, or systems
• Circumvent any usage limits, rate limits, or access restrictions
• Use automated tools (including bots, scrapers, and spiders) to access the Service or collect data, except as expressly permitted by us in writing
• Resell, sublicense, or redistribute the Service or access to the Service without our written consent
• Use the Service, any generated content, or any data obtained from the Service to develop, train, or improve any product, service, or artificial intelligence model that competes with ViraCreator
• Use any content generated through the Service as training data for any artificial intelligence model, system, network, or similar technology
• Impose an unreasonable or disproportionately large load on our infrastructure
• Access the Service through any means other than the interfaces we provide (website, API where authorized)

3. Content Ownership and Licenses

Your Content

You retain ownership of the content you upload to ViraCreator (product images, descriptions, scripts, etc.) (“Your Content”). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, reproduce, modify, and display Your Content solely as necessary to provide, maintain, and improve the Service. This license survives termination only to the extent necessary to complete processing or comply with legal obligations.

You represent and warrant that you own or hold all necessary rights, licenses, and permissions for any content you upload, including any likeness, voice, or biometric data of any person depicted. You are solely responsible for obtaining those rights.

Generated Content

Content generated through our AI tools (avatars, videos, scripts, images) (“Generated Content”) is owned by you, subject to the following:

• You are responsible for ensuring Generated Content complies with all applicable laws, advertising regulations, and platform policies before publication or distribution
• We retain the right to use anonymized and aggregated data from Generated Content to improve our Service
• Generated content may be subject to the terms and conditions of our third-party AI providers
• You may not use Generated Content to train any artificial intelligence model, system, network, or similar technology

Non-Exclusivity of AI Outputs

AI systems may produce similar or identical outputs for different users given similar inputs. ViraCreator does not guarantee that Generated Content will be unique, exclusive, or not produced for other users. You should not rely on Generated Content for purposes requiring uniqueness without independent verification.

Stock Avatars and Platform Content

ViraCreator may make available pre-created avatars, templates, background assets, sample scripts, and other content owned by ViraCreator (“Platform Content”). Stock avatars offered through the Service are synthetic images and video representations generated entirely by artificial intelligence from text prompts and do not depict any real person. Any resemblance between a stock avatar and any real individual, living or deceased, is coincidental and unintentional.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use Platform Content solely as incorporated into videos and other outputs you generate through the Service, for any lawful personal or commercial advertising purpose. This license survives termination of your account with respect to outputs you generated before termination, but you may not extract, download, reuse, or redistribute any stock avatar or other Platform Content independently of an output generated through the Service.

You acknowledge that:

• ViraCreator retains all rights, title, and interest in and to the Platform Content, including the stock avatar library and the underlying models, prompts, and generated assets. You do not acquire ownership of any stock avatar or other Platform Content — only the license described above
• Because stock avatars are AI-generated and not based on any real person’s likeness, no real-person consent, field-of-use restriction, or likeness-revocation obligation applies to them
• You may not use Platform Content in a manner that falsely suggests a depicted character is a real, identifiable person, or in a manner that impersonates any actual individual
• AI models are probabilistic and trained on broad datasets, and outputs may in rare cases unintentionally resemble a real person, brand, or protected work. You are solely responsible for reviewing any Platform Content or Generated Content for unintended resemblance or similarity before you publish, distribute, or use it commercially, and for obtaining any rights, releases, clearances, or authorizations that may be required in your jurisdiction before such use. ViraCreator does not pre-screen outputs for resemblance to real individuals
• ViraCreator does not currently offer custom avatars generated from user-uploaded photos, video, or voice of real people. If and when we offer such a feature, additional terms (including warranties of consent and indemnification) will apply and will be presented to you at that time

License to ViraCreator

By using the Service, you grant us a worldwide, non-exclusive, sublicensable (solely to service providers acting on our behalf), royalty-free license to use text prompts, images, and other inputs you provide to the Service, and Generated Content produced at your direction, solely as necessary for us to:

• Provide, maintain, and improve the Service
• Comply with applicable law and enforce our policies
• Promote the Service (only with your prior consent or in anonymized/aggregated form)

This license survives termination of these Terms solely to the extent necessary for the purposes described above.

Feedback

If you provide us with suggestions, enhancement requests, recommendations, or other feedback relating to the Service (“Feedback”), you grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use and incorporate such Feedback into the Service without obligation to you. Do not submit any information you consider confidential or proprietary as Feedback.

Our Intellectual Property

The ViraCreator platform, including its design, code, models, algorithms, logos, trademarks, and documentation, is our proprietary intellectual property and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited rights expressly set forth herein. All rights not expressly granted are reserved.

4. Payment, Billing, and Cancellation

Billing

• Free accounts are subject to usage limits as described on our pricing page
• Paid plans are billed on a monthly or annual recurring basis, as selected at the time of purchase
• We reserve the right to change pricing; for active subscribers, price changes will take effect at the next renewal date or 30 days after notice to you, whichever is later

Credits

Certain features of the Service are measured in credits. Credits represent units of AI generation capacity (for example, video generation, avatar image generation, and look generation). The following rules apply to credits:

• Plan credits. Each paid plan includes a set number of credits per billing period. The specific credit allotments for each plan, and the credit cost of each action, are described on our pricing page and within the Service, and may be updated from time to time with notice as described below.
• Refresh and no rollover. Plan credits refresh at the start of each billing period (monthly or, for annual plans, on the monthly anniversary of your billing date). Unused plan credits do not roll over from one billing period to the next and are forfeited when the next billing period begins.
• Add-on credit packs. You may purchase additional credit packs separately from your subscription. Add-on credits are consumed only after plan credits for the current period have been exhausted, and do not expire while your account remains in good standing.
• No cash value. Credits have no monetary value, cannot be exchanged for cash, and are non-transferable between accounts.
• Plan changes. If you upgrade your plan, any unused plan credits from your prior plan for the current period are replaced by the new plan’s allotment; add-on credits are unaffected. If you downgrade your plan, any plan credits in excess of the new plan’s allotment are forfeited at the start of the next billing period; add-on credits are unaffected.
• Cancellation and termination. If you cancel or your subscription is terminated, all unused plan credits are forfeited at the end of the current billing period. Add-on credits are forfeited upon termination of your account. No refunds are issued for unused credits.
• Credit-backs (Quality Guarantee). Where we offer a credit-back for generations that fail to meet our stated quality guarantee, a limited number of credit-back requests are available per billing period as described within the Service. Credit-back requests are subject to our review and eligibility criteria, and approved credit-backs are returned to your account as credits (not cash).
• Changes to credit costs. We may adjust the credit cost of individual actions from time to time to reflect changes in underlying AI compute costs, quality tier, or service additions. For material increases affecting active subscribers, we will provide notice as described in Section 16 (Changes to These Terms) before the change takes effect.

Taxes

Unless otherwise stated, subscription fees (“Fees”) do not include any federal, state, local, or foreign taxes, duties, levies, or similar governmental assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding taxes based solely on ViraCreator’s net income. We may invoice you for applicable Taxes, and you agree to pay them in a timely manner. If you are exempt from any Tax, you must provide us with a valid exemption certificate or other documentation.

Late Payment

If any amount is past due, we will provide you with written notice. If payment is not received within 7 days of that notice, we may suspend your access to the Service. Continued non-payment for 30 days after notice may result in termination of your account. You remain liable for all amounts owed.

Cancellation

You may cancel your subscription at any time from your billing settings. When you cancel:

• Your subscription will remain active through the end of your current billing period
• You will not be charged again after cancellation
• Your account data (avatars, products, videos) is retained and accessible if you reactivate
• No partial-period refunds are issued for unused time remaining in your billing cycle

Refund Policy

All subscription fees are non-refundable. Because ViraCreator consumes real AI compute costs (video generation, image synthesis) at the time of use, we are unable to refund fees for services already rendered.

Exceptions may be made at our sole discretion within 7 days of your first charge if you have not used the Service to generate any videos. To request a goodwill refund, contact us at support@viracreator.ai within that window.

Refunds are not available for:

• Partial months or unused video credits within a billing period
• Accounts that have generated one or more videos
• Trial periods that were converted to paid subscriptions
• Charges more than 7 days old

5. Team Accounts

If you create a team account:

• The account owner has full administrative control
• Admins and members have access as configured by the owner
• The account owner is responsible for all team members’ compliance with these Terms and the Acceptable Use Policy
• Content created by team members belongs to the team account
• Each team workspace requires its own subscription

6. Copyright Infringement (DMCA)

ViraCreator respects intellectual property rights and expects its users to do the same. If you believe that content available on or through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent with the following information in writing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with sufficient detail to allow us to locate it
• Your contact information (address, telephone number, and email address)
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Our designated Copyright Agent for notice of claims of copyright infringement can be reached at:

• Email: legal@viracreator.ai
• Subject line: “DMCA Takedown Notice”

If you believe content was removed by mistake or misidentification, you may submit a DMCA counter-notification to the same address. We will process counter-notifications in accordance with the DMCA. We may terminate the accounts of users who are repeat infringers.

7. Likeness and Publicity Rights Complaints

If you believe that a stock avatar or other Generated Content or Platform Content available through the Service unintentionally resembles you or a person you are authorized to represent, or otherwise violates your or that person’s rights of publicity, privacy, personality, or similar rights, please notify us at legal@viracreator.ai with the subject line “Likeness / Publicity Rights Notice” and the following information:

• Your name and contact information, and — if submitting on behalf of another person — the name of that person and your authority to act on their behalf
• A clear identification of the specific stock avatar, video, or other content at issue (URL, avatar identifier, or screenshot)
• A description of the alleged resemblance or rights violation
• A good-faith statement that you believe the use is not authorized by you, the person you represent, the law, or a valid license
• A statement, under penalty of perjury, that the information in your notice is accurate

Upon receipt of a complete notice, we will review the matter and, at our sole discretion, may remove or restrict access to the applicable stock avatar or output pending investigation. Because stock avatars are AI-generated and not based on any real person’s likeness, many resemblance claims will be evaluated in light of the disclaimers and acknowledgments in Sections 3 and 9; however, we reserve the right to remove content and retire any stock avatar from our library at any time.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may:

• Perform scheduled maintenance with reasonable notice
• Experience downtime due to factors beyond our control
• Modify, update, or discontinue features with reasonable notice

We are not responsible for temporary difficulties or impossibilities in accessing the Service resulting from internet service disruptions, third-party hosting provider issues, your equipment or connectivity, or force majeure events described in Section 17.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• AI-GENERATED CONTENT, STOCK AVATARS, OR OTHER PLATFORM CONTENT WILL BE ACCURATE, APPROPRIATE, UNIQUE, OR FREE FROM ERRORS
• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• ANY GENERATED CONTENT, STOCK AVATAR, OR OTHER PLATFORM CONTENT WILL NOT RESEMBLE, DEPICT, OR BE MISTAKEN FOR ANY REAL PERSON (LIVING OR DECEASED), OR WILL NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER RIGHTS OF ANY THIRD PARTY
• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS

Third-Party AI Models

YOU ACKNOWLEDGE THAT GENERATED CONTENT, STOCK AVATARS, AND OTHER OUTPUTS PRODUCED THROUGH THE SERVICE ARE CREATED IN WHOLE OR IN PART USING ARTIFICIAL INTELLIGENCE MODELS AND SERVICES PROVIDED BY THIRD PARTIES. THE OUTPUTS OF THESE MODELS ARE INHERENTLY PROBABILISTIC AND NON-DETERMINISTIC. VIRACREATOR DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE TRAINING DATA, WEIGHTS, OR INTERNAL OPERATION OF ANY THIRD-PARTY AI MODEL, AND MAKES NO REPRESENTATION OR WARRANTY THAT ANY OUTPUT WILL BE ORIGINAL, FREE FROM UNINTENDED SIMILARITY TO REAL PERSONS, BRANDS, OR COPYRIGHTED WORKS, OR SUITABLE FOR ANY PARTICULAR PUBLICATION, ADVERTISING, OR COMMERCIAL USE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND CLEARING OUTPUTS BEFORE PUBLICATION OR DISTRIBUTION.

10. Limitation of Liability

Disclaimer of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRACREATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or alteration of your content
• Errors, inaccuracies, or quality issues in AI-generated content
• Any third-party conduct on the Service
• Removal of content or suspension of your account pursuant to these Terms
• Any matter relating to the Service, regardless of the form of action

Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100); OR (B) THE AMOUNTS PAID BY YOU TO VIRACREATOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THE FEES CHARGED FOR THE SERVICE REFLECT THESE LIMITATIONS. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless ViraCreator and its officers, directors, employees, contractors, agents, and affiliates from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from or relating to:

• Your use or misuse of the Service or any Generated Content or Platform Content
• Your Content, including any claim that Your Content infringes or violates third-party intellectual property, privacy, publicity, or other rights
• Your publication, distribution, or commercial use of any Generated Content or Platform Content (including stock avatars), including any claim that such content resembles, depicts, or was mistaken for a real person (living or deceased), or that such content infringes or violates any third-party intellectual property, privacy, publicity, or other rights
• Your violation of these Terms, the Acceptable Use Policy, or any applicable law or regulation
• Your failure to comply with advertising disclosure requirements, content labeling laws, or platform policies

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You agree not to settle any matter without our prior written consent.

12. Termination

Either party may terminate this agreement at any time. You may terminate by canceling your subscription and ceasing use of the Service. We may suspend or terminate your account immediately and without prior notice if:

• You breach these Terms or the Acceptable Use Policy
• You fail to pay amounts owed after notice and a reasonable cure period
• We are required to do so by law
• Your conduct poses a risk to other users, third parties, or our platform

Upon termination:

• Your right to use the Service ceases immediately
• All licenses granted to you under these Terms terminate
• You may request an export of your data before termination takes effect (where feasible)
• We may delete your account data after a reasonable retention period (typically 90 days), unless longer retention is required by law
• Any fees already paid are non-refundable

The following sections survive termination of these Terms: Content Ownership and Licenses, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, Confidentiality, and General Provisions.

13. Data and Privacy

Cross-Border Data Transfers

We process and store information in the United States and other countries where our service providers operate. By using the Service, you consent to the transfer of your personal information across national borders, including to the United States, in accordance with our Privacy Policy.

Confidentiality

We will treat Your Content (including product images, descriptions, and business information you upload) as confidential and will not disclose it to third parties except as necessary to provide the Service, comply with law, or as otherwise permitted by our Privacy Policy. This obligation does not apply to information that is publicly available, was already known to us, or was independently developed without reference to Your Content.

14. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Oklahoma, United States, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Dispute Resolution — Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, in the English language, and the seat of arbitration will be Oklahoma City, Oklahoma. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND VIRACREATOR AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the court’s jurisdiction. Either party may also seek emergency or preliminary injunctive relief in any court of competent jurisdiction.

Prevailing Party

In any proceeding to enforce these Terms, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs.

15. Copyright Notices for California Residents

In accordance with California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, by email or through the Service. For non-material changes, we will update the “Last updated” date at the top of this page. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, pandemic or epidemic, war, terrorism, labor disputes, governmental action, failure of the internet or telecommunications infrastructure, or failure of third-party hosting or cloud service providers. If performance is delayed for more than 30 consecutive days due to a force majeure event, either party may terminate these Terms by written notice to the other party.

18. General Provisions

Entire Agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and ViraCreator regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.

No Agency

These Terms create no relationship of agency, partnership, joint venture, or employment between you and ViraCreator.

Notices

Notices from us to you will be sent to the email address associated with your account or posted on the Service. Notices from you to us must be sent to legal@viracreator.ai. Notice is deemed received when sent by email (upon confirmation of delivery) or when posted on the Service.

Electronic Communications

By using the Service, you consent to receiving electronic communications from us (e.g., emails, in-app messages, notices posted on the Service). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Contact Us

For questions about these Terms, please contact us at:

• Email: legal@viracreator.ai

20. Related Policies

• Acceptable Use Policy
• Privacy Policy
• Cookie Policy