Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "User") and ViralWhip ("ViralWhip," "we," "us," or "our") governing your access to and use of the ViralWhip platform, website, and any related services (collectively, the "Service"). By creating an account, submitting a project, logging time as an editor, browsing the site, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

For purposes of these Terms:

• "Client" means a User who submits raw footage or project requests to be edited through the Service.
• "Editor" means a User who is approved by ViralWhip to perform video editing work on projects submitted by Clients.
• "Project" means a specific editing request created by a Client, including raw files, reference links, instructions, and any finished files produced.
• "Finished File" means the edited video or other deliverable an Editor produces for a Client's Project.
• "Free Sample" means the first Project per Client that ViralWhip completes at no charge, as described in Section 5.
• "Plan" means the billing arrangement a Client selects (Hourly, Part-Time, or Full-Time), as described in Section 6.
• "Content" means any footage, files, links, messages, notes, or other material a User uploads or submits through the Service.

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. By creating an account, you represent and warrant that the information you provide is accurate and complete, and that you will keep it current.

You are responsible for safeguarding your password and for any activity conducted under your account. You agree to notify us immediately of any unauthorized use of your account. We may suspend or terminate access if we believe your account has been compromised or used in violation of these Terms.

ViralWhip assigns each account a role (Client, Editor, or Admin). Your role determines which features you can access. You may not attempt to circumvent role restrictions or access data that has not been shared with you.

ViralWhip is a platform that connects Clients who need video editing with Editors who perform that work. Clients submit Projects with raw footage and instructions; Editors claim or are assigned to Projects, produce Finished Files, and deliver them through the platform. Clients can review Finished Files, leave timestamped review notes, request revisions, and approve final deliverables.

We use commercially reasonable efforts to match Projects with qualified Editors and to deliver work in a timely manner, but we do not guarantee any specific turnaround time, editor availability, or creative outcome. Editing is a subjective craft, and satisfaction depends on clear communication between Client and Editor.

We may modify, suspend, or discontinue any feature of the Service at any time, and we are not liable to you or any third party for any such change.

Every new Client is entitled to one (1) Free Sample edit. The Free Sample lets you experience ViralWhip's quality before committing to a paid Plan. The Free Sample is subject to the following conditions:

• Only one Free Sample is available per Client, regardless of how many accounts or email addresses you use. Attempting to obtain multiple Free Samples may result in termination.
• The Free Sample is completed at no charge to the Client. No upfront approval charge is applied, and no hours worked on the Free Sample are billed.
• To begin a paid Plan, you may be asked to add a payment method after approving your Free Sample. You will not be charged for paid work until you have approved the Free Sample and selected a Plan.
• ViralWhip reserves the right to determine the scope, editor assignment, and turnaround for the Free Sample in its sole discretion.

After the Free Sample, Clients select from the following Plans. Pricing is listed on the site at the time you select a Plan and may change; changes do not affect a billing period already in progress.

• Hourly. You pay only for the hours an Editor actually works on your Projects, billed weekly. There is no weekly hour commitment.
• Part-Time. You prepay for 20 hours of editing per week, charged upfront each Monday. Unused hours reset at the end of the week and do not roll over.
• Full-Time. You prepay for 40 hours of editing per week, charged upfront each Monday. Unused hours reset at the end of the week and do not roll over.

For Part-Time and Full-Time Plans, the weekly charge is processed automatically using the payment method on file. If a charge fails, we may retry it or pause service until payment is resolved.

Editors log time against your Projects. For Hourly Clients, the hours logged in a given week determine that week's charge. For Part-Time and Full-Time Clients, hours are drawn from your prepaid weekly allotment; hours worked beyond your allotment may be billed at the applicable overage rate and flagged for your review.

Payments are processed by Stripe, our third-party payment processor. By adding a payment method, you authorize ViralWhip (through Stripe) to charge the applicable amounts for the Plan you select, any overage hours, and other fees described in these Terms. You authorize us to store and use your payment method for recurring and one-time charges as described here.

Charges are non-refundable except as expressly stated in our Refund Policy (Section 8) or where required by law. If you believe a charge is incorrect, contact us within 30 days of the charge date. Disputing a valid charge through your bank or card issuer instead of contacting us first may result in account suspension.

You are responsible for keeping your payment method current. Expired cards, insufficient funds, or other payment failures may result in paused service, late fees where permitted, or termination of your Plan.

Because editing work is performed by people and delivered as a custom service, the following refund policy applies:

• Free Sample. The Free Sample is provided at no charge; no refund is applicable.
• Prepaid weekly Plans. Charges for a week that has already begun are non-refundable, because the Editor's time has already been committed. You may cancel future weeks at any time (Section 16).
• Hourly billing. Charges reflect hours actually logged by Editors and are non-refundable once the work has been performed and delivered.
• Duplicate or erroneous charges. If we charged you in error, contact us and we will issue a correction or refund for the erroneous amount.

Nothing in this section limits any statutory rights you may have as a consumer in your country of residence, which cannot be waived by contract.

Editors are engaged as independent contractors, not employees, and are responsible for their own taxes, insurance, and compliance with applicable law. Editors log time against the Projects they work on, and that time drives both Client billing and Editor compensation. Editors may be subject to a weekly hour cap per Project; hours beyond the cap may trigger an administrative review.

Editors are paid on a biweekly schedule according to the rates and terms set in their editor agreement or as configured in the Service. ViralWhip may adjust rates, payment schedules, or eligibility in its discretion, with notice where required.

Editors must log time honestly and accurately. Falsifying time entries, logging time for work not performed, or colluding with Clients to inflate hours is prohibited and may result in forfeiture of compensation, account termination, and legal action.

When you submit a Project, you agree to provide complete raw footage, clear instructions, and any reference materials needed to complete the work. The more precise your brief, the better the result. ViralWhip is not responsible for outcomes caused by incomplete, contradictory, or unclear instructions.

Clients may request revisions on a Finished File. We aim for unlimited revisions within reason, but revisions must relate to the original brief. Requests that materially change the scope of the Project (for example, a new video, a different format, or substantially new creative direction) may be treated as a new Project and may incur additional charges.

When you approve a Finished File, that version is considered accepted. Further changes after approval may require a new Project. You are encouraged to use the review notes and messaging features to communicate changes before approving.

You are solely responsible for all Content you upload or submit through the Service. By submitting Content, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to use and share the Content, including rights to any music, footage, images, likenesses, trademarks, or third-party material it contains.
• The Content does not infringe the intellectual property, privacy, publicity, or other rights of any person or entity.
• The Content complies with all applicable laws and with these Terms, including the Acceptable Use rules in Section 14.

You grant ViralWhip and the assigned Editor a limited, non-exclusive, royalty-free license to access, view, download, edit, transform, and otherwise use your Content solely to perform the Service (including producing Finished Files) and to operate the platform. This license persists for as long as needed to deliver the Project and handle related support, billing, and record-keeping.

Subject to payment of all amounts owed, the Finished File delivered for a paid Project is licensed to the Client for use in any media. Until a Project is fully paid, ViralWhip and the Editor retain all rights in the Finished File. The Free Sample Finished File is provided for evaluation; you may use it, but ViralWhip may watermark or limit it at its discretion.

Editors retain the right to use Finished Files in a private portfolio or reel for self-promotion, unless the Client requests otherwise in writing and the Client owns the underlying footage. Editors may not use Client Content for any purpose beyond the Project and a portfolio without the Client's permission.

The ViralWhip name, logo, software, designs, and platform content are owned by us or our licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or branding except as we expressly permit.

You agree not to use the Service to:

• Upload or share Content that is unlawful, infringing, harassing, hateful, threatening, defamatory, obscene, or that encourages harm.
• Submit Content containing personal information about others without their consent.
• Attempt to reverse engineer, decompile, scrape, or otherwise interfere with the Service or its security.
• Circumvent billing, share accounts, or move Projects off-platform to avoid fees.
• Impersonate another person or misrepresent your affiliation.
• Spam, mass-message, or harass other Users through the messaging or review features.
• Use the Service for any illegal or fraudulent purpose, or in a way that could damage or impair the Service.

We may review and remove Content, and suspend or terminate accounts, in response to violations or complaints. We may also report unlawful activity to authorities.

Without limiting Section 13, you may not upload Content that contains: sexually explicit material involving minors (which we will report to authorities); content that promotes terrorism or violence; content that infringes another's intellectual property; malware or malicious code; or any material the possession or distribution of which is illegal in your jurisdiction or ours. We reserve the right to remove such Content without notice and to cooperate with law enforcement.

You may stop using the Service at any time. To cancel a recurring Plan, use the billing settings in your dashboard or contact support; cancellation stops future charges but does not refund the current week that has already begun.

We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, your use creates risk to us or others, or as required by law. On termination, your right to use the Service ends; any licenses to Finished Files you have not paid for also end. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will remain in effect.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY FINISHED FILE WILL MEET YOUR CREATIVE EXPECTATIONS.

ADVICE OR INSTRUCTIONS YOU RECEIVE THROUGH THE SERVICE ARE FOR GENERAL EDITING PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VIRALWHIP, ITS EDITORS, OFFICERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations or exclusions, so some of the above may not apply to you.

You agree to indemnify and hold harmless ViralWhip and its affiliates, editors, officers, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: your Content or your use of the Service; your violation of these Terms; your infringement of third-party rights; or your breach of applicable law. We may participate in the defense of any such claim at our own expense.

Our handling of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you also agree to the Privacy Policy.

ViralWhip may offer a referral program in which a User who refers a new Client earns a credit based on a percentage of the referred Client's paid charges. Referral credits have no cash value, may be revoked for fraudulent or abusive referrals, and may be modified or discontinued at any time. Attempting to refer yourself or to manipulate the program is prohibited.

We may update these Terms from time to time. We will post the updated version in the Service and update the "Last updated" date. Material changes will be communicated through the Service or by email where practical. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

These Terms are governed by the laws of the jurisdiction in which ViralWhip is established, without regard to conflict-of-law principles. You and ViralWhip agree to attempt to resolve any dispute informally first. If we cannot resolve a dispute within thirty (30) days, the dispute will be resolved by binding arbitration on an individual basis (no class actions), and judgment on the award may be entered in any court of competent jurisdiction.

You agree that any claim or dispute must be brought within one (1) year after it arises, or it is forever barred.

These Terms are the entire agreement between you and ViralWhip regarding the Service. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a right is not a waiver. We may assign these Terms; you may not without our consent. The section headings are for convenience only and do not affect interpretation.

If you have questions about these Terms, you can reach us through the in-app support feature or by the contact information published on the site. We aim to respond to inquiries within a reasonable time.