Terms of Service

1. Agreement and eligibility

By creating an account, purchasing a plan or using the Service, you agree to these Terms. If you use the Service for a company or other organization, you confirm that you are authorized to accept these Terms on its behalf, and “you” includes that organization.

The Service is not directed to children.

You may not use the Service if you are located in, or are a resident or national of, a country or region subject to comprehensive U.S. sanctions, or if you are on a U.S. government restricted-party list.

2. What the Service does today

Viralytics helps brands and creators plan and produce short-form social content. Features available today include: brand profiles built from your website; AI-generated post ideas, hooks, captions and scripts (optionally backed by web research); AI-generated images and slideshows; a library of trending public posts in your niche with AI analysis; a video editor with AI transcription, automatic cutting of retakes and pauses, captions, caption translation, an AI “director” that suggests scenes, titles and zooms, an AI copilot that changes your edit on request, background removal done in your browser, layouts, transitions, music and sound effects; a media bank, with stock photos and clips added to ideas; exports sized for social apps; a content calendar; post analytics for your connected TikTok account; and an interactive product tour with a sample video.

Some features are limited by plan: animating images into video and AI video transformations are available on the Pro and Business plans, and each plan allows a number of brands (see section 4). All AI features consume your plan’s monthly AI usage (see section 5).

TikTok publishing. You can connect a TikTok account to publish or schedule posts directly and to see metrics for the posts you publish through Viralytics. Scheduled posts for a connected TikTok account are sent automatically at the scheduled time; TikTok’s own rules and processing apply, and a post can fail or be delayed for reasons outside our control. Without a connected account, calendar entries are planning reminders shown inside the app and do not publish anything.

Coming soon. Connecting Instagram accounts, publishing to Instagram and Instagram analytics are not available yet. They depend on review and approval by Meta, and we cannot guarantee if or when they will launch. Please buy a plan based on the features available today.

We may label new or experimental features as “beta”. Beta features are provided as they are, may change or be withdrawn, and may be less reliable than the rest of the Service.

3. Your account

Keep your sign-in details accurate and confidential and tell us promptly at contact@ponuz.app if you believe your account has been accessed without permission. You are responsible for activity in your account. One person should use each account.

4. Plans, prices and automatic renewal

Free trial. New accounts get a 7-day free trial of the Starter plan, with no payment method required. During the trial you can use everything in Starter, with 150 AI usage units for the whole trial and Starter’s 25 GB of storage. The trial ends automatically after 7 days and you are not charged; it does not turn into a paid subscription unless you choose a plan. When it ends, AI features and new uploads stop until you buy a plan; your content and files are kept. Deleting your account and signing up again with the same email address does not start a new trial.

Plans. Paid plans are: Starter, USD 20 per month or USD 192 per year, for 1 brand; Pro, USD 49 per month or USD 470.40 per year, for up to 5 brands; Business, USD 100 per month or USD 960 per year, for unlimited brands. The free trial includes 1 brand. Annual plans include a 20% discount and are paid upfront. Prices do not include taxes; where we must charge taxes in your location, they are shown at checkout before you pay.

Automatic renewal. Paid plans are subscriptions that renew automatically at the end of each billing period (every month or every year) at the then-current price, and the payment method you provided is charged at each renewal until you cancel. You consent to these recurring charges when you complete checkout, where the price, billing period and renewal terms are shown. You can cancel at any time (see section 7).

Payments. Payments are processed by Stripe on its secure pages. We never see or store your full card number. If a renewal payment fails, Stripe may retry it; a paid plan’s new AI usage is only granted after payment is confirmed.

Price changes. If we change the price of your plan, we will tell you by email or in the app between 7 and 30 days before the new price applies to your next renewal, and you can cancel before it does.

Reminders. Where the law requires it, we notify you before a renewal (for example, a yearly reminder for annual plans, or advance notice of a renewal for users in Mexico), including the price and how to cancel.

Promotion codes. We may offer promotion codes, which are entered at checkout. A code applies only under the conditions shown when it is offered (for example, the plan, duration, number of uses and expiry), has no cash value, cannot be exchanged or combined unless stated, and may be withdrawn if it was obtained or used improperly. When a promotional price ends, the regular price applies from the next renewal.

5. AI usage

Every paid plan includes a monthly amount of AI usage, measured in units shared across all brands of the account: Starter 600, Pro 1,600 and Business 3,500. The free trial includes 150 units for its 7 days. Units reflect the work AI providers do for you (for example text generated, images made, minutes of audio transcribed or seconds of video produced). How many units an action uses depends on its size, quality and duration; the app shows your remaining usage.

• Units are not money, have no cash value and cannot be transferred, sold or refunded.
• Unused units do not roll over to the next period.
• Paid usage renews each month on your billing date after successful payment; on annual plans it renews monthly within the paid year. The free trial’s usage does not renew.
• An AI task that has already run may use units even if a later step fails. Long tasks reserve units while they run.
• When you run out, AI features pause until your usage renews or you upgrade. There are no automatic overage charges.
• Manual editing, exporting and calendar planning do not use AI usage.

6. Storage

Each plan includes storage for the files kept by all brands of the account, counting both the files you upload and the files the Service makes from them: Starter 25 GB, Pro 100 GB and Business 500 GB. The free trial includes 25 GB. The app shows how much storage you are using.

• When your storage is full, new uploads are refused until you delete files or upgrade your plan. Files you already have are not deleted.
• When a free trial or a paid subscription ends, your files are kept, but new uploads are refused until you buy a plan.

7. Cancellation, refunds and withdrawal

Cancel anytime. You can cancel your subscription online at any time in Settings → Billing → Manage billing, without contacting us. Cancellation takes effect at the end of the current paid period; you keep your plan until then and are not charged again.

Refunds. Except where the law requires otherwise or where stated in these Terms, payments are non-refundable and we do not refund partial periods. If you believe you were charged in error (for example a duplicate charge), contact contact@ponuz.app and we will review it.

Right of withdrawal (EU, EEA and UK consumers). If you are a consumer in the European Union, the European Economic Area or the United Kingdom, you may withdraw from a paid subscription within 14 days of purchase without giving a reason. To withdraw, send us a clear statement (for example: “I withdraw from my Viralytics subscription purchased on [date]”) to contact@ponuz.app from your account’s email address; you may use the model withdrawal form in Annex I(B) of Directive 2011/83/EU, but it is not required. Because the Service starts immediately at your request when you subscribe, if you withdraw we will refund your payment minus an amount proportionate to the service already provided up to the date you told us you were withdrawing. We will refund within 14 days, using the same payment method.

Mexico. Consumers in Mexico may cancel through the same channel used to subscribe (online, in Settings), and keep all rights under the Ley Federal de Protección al Consumidor, including going to PROFECO.

Account deletion cancels any active subscription immediately (it does not wait for the end of the period) and does not by itself request a refund.

Nothing in these Terms limits rights that consumer protection laws give you and that cannot be waived.

8. Your content

“Your content” means anything you upload or enter into the Service (for example videos, images, audio, website addresses, brand details, prompts and text) and the outputs created for you.

You keep all rights you have in your content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transform, transmit and display your content only as needed to provide, secure and improve the Service for you, including sending it to the service providers that power each feature (such as AI providers), as described in our Privacy Policy. This license ends when your content is deleted from the Service, except for copies we must keep by law or that remain for a limited time in backups.

We do not use your content to train AI models, and our AI providers do not use it to train theirs under the terms that apply to our use of their APIs.

You confirm that you have all rights and permissions needed for your content, including the consent of every person whose face, voice or name appears in it, licenses for music, footage and images, and permission to process any personal data it contains.

Stock and sample media. Stock photos and clips that the Service adds to ideas come from Pixabay and may be used in your content under the Pixabay Content License (for example, not sold or distributed on their own, and not used to suggest that people shown endorse you). The tour’s sample video is only for trying the Service.

9. AI-generated output

As between you and us, you own the output the Service generates for you, and we assign to you any rights we may have in it. However:

• Output may not be protected by copyright, may be similar to output generated for others, and may be inaccurate, incomplete, biased or unsuitable. Review it, check facts and sources, and do not rely on it as professional (for example legal, medical or financial) advice.
• Scores, “virality” indicators and trend analyses are editorial guidance, not predictions or guarantees of reach, engagement or sales.
• You are responsible for how you use and publish output, including complying with the rules of the platforms where you post.

Labeling AI content. Many platforms and laws (including the EU AI Act) require that realistic AI-generated or AI-altered images, video or audio be disclosed. You must label such content where required, in particular content that shows real people, places or events in a way that could be taken as real, and you must follow TikTok’s and Meta’s AI-content labeling rules when you post. Do not remove information or metadata that identifies content as AI-generated.

10. Acceptable use

You must not use the Service to:

• create or share content that is illegal, defamatory, harassing, hateful, sexually explicit involving minors, or that infringes anyone’s intellectual property, privacy or publicity rights;
• impersonate a real person, or create deepfakes or synthetic depictions of a real person without their consent, or non-consensual intimate imagery;
• deceive people, including misleading advertising, fake reviews or testimonials, undisclosed paid endorsements, or election or public-health disinformation;
• send spam or automate mass account activity in breach of platform rules;
• access or try to access other accounts or our systems without permission, probe or bypass security or usage limits, scrape the Service, or interfere with its operation;
• reverse engineer the Service except where the law allows it, or resell it without our written permission.

We may remove content or limit features that break these rules and, where appropriate, we will tell you why.

11. Inspiration library

The Service shows public social media posts collected from public sources, with AI analysis of why they performed, so you can study trends. Those posts belong to their creators. Seeing a post in the Service does not give you any license to copy, download or republish it; use it as a reference and create your own original content. Creators can ask us to remove their content as described in our Privacy Policy.

12. Third-party platforms and services

The Service relies on third parties, such as AI providers, hosting providers and Stripe, TikTok, and in the future Meta. Their availability, rules and pricing can change in ways we do not control and may require us to change or stop a feature. When you use a third-party platform (for example to post your exports), its own terms apply to you.

13. Copyright complaints

We respect intellectual property. If you believe content in the Service infringes your copyright, send a notice to contact@ponuz.app with the subject “Copyright notice”, including: your physical or electronic signature; identification of the copyrighted work; identification of the material and where it is in the Service; your contact details; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.

If your content was removed and you believe it was a mistake, you may send a counter-notice with the information required by 17 U.S.C. § 512(g). We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.

14. Suspension and termination

You can stop using the Service and delete your account at any time in Settings. We may suspend or close an account, or remove content, if you materially or repeatedly breach these Terms, if required by law, or to protect users, third parties or the Service. Except in urgent cases (such as fraud, security threats or illegal content), we will give you notice and, where possible, a chance to fix the problem and to export your content first. If we discontinue the Service as a whole, we will give at least 30 days’ notice and refund any prepaid fees for the unused period.

15. Disclaimers

The Service is provided “as is” and “as available”. To the extent permitted by law, we do not make any warranties beyond those expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Service will be uninterrupted or error-free or that it will achieve any particular result for your business. Some jurisdictions do not allow these exclusions, so they may not apply to you.

16. Limitation of liability

To the extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and (b) our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or USD 100.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, intentional misconduct or gross negligence, death or personal injury caused by negligence, or, for consumers, rights under mandatory consumer protection laws.

17. Indemnity

If you use the Service for a business, you will defend and compensate Ponuz against third-party claims, and the related losses and reasonable costs, arising from your content or your breach of these Terms or of the law. If you are a consumer, this applies only to the extent permitted by the law where you live.

18. Governing law and disputes

Please contact us first at contact@ponuz.app; most issues can be solved quickly, and we will try in good faith for 30 days before either side goes to court.

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law rules. The state and federal courts located in Delaware have jurisdiction over disputes with business users. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring claims in the courts of your place of residence; consumers in Mexico may also go to PROFECO, and consumers in the EU may use their national consumer bodies.

19. Changes to these Terms

We may modify these Terms at any time, whenever we consider it necessary, for example to reflect changes in the Service, the law, our providers or our business. The updated Terms are published on this page with a new date at the top and apply from that date.

For material changes that affect your rights or obligations, we will notify you by email or in the app at least 30 days before they apply, unless a change is required sooner by law or to address security or abuse. If you do not agree with a change, you can stop using the Service and cancel before it applies; continuing to use the Service after that date means you accept the updated Terms. Changes do not apply retroactively.

20. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If a provision is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition or sale of assets; you may not assign them without our consent. We are not responsible for delays caused by events beyond our reasonable control. Not enforcing a right is not a waiver of it. These Terms are available in English and Spanish; both versions are authentic, and if you are a consumer the version in your language prevails in case of conflict.

21. Contact

Ponuz, LLC · Viralytics · contact@ponuz.app