Terms & Conditions
Last Modified: 05-Aug-2021
Please review these terms (the “Agreement”) carefully. By accessing or using the Self-Serve Services offered by Viralpep.com. (“Viralpep,” “we” or “us”),
By clicking Sign-in or Register, you agree that you have read and understood all the conditions relating to the Use of the Service; you also agree to be bound by the following terms and conditions. If you do not accept these terms of service, you shall not (and shall not have the right to) use the service.
You are responsible for regularly reviewing the most current version of this Agreement, published at: https://www.viralpep.com/terms. Continued use of the Self-Serve Services after any such changes that have been made, continued use of the Self-Serve Services will constitute your consent to such changes. Post any changes, this Agreement will carry the updated “Last Modified” date.
We use first-party and third-party cookies for several reasons. Some cookies are required for technical reasons to allow our websites to operate correctly, and we refer to these cookies as "essential" or "strictly necessary" cookies.
Cookies of another type help us learn and understand our users’ interests, which helps us deliver a superior experience to our clients regarding our Websites and Subscription Services.
For example, Viralpep keeps track of the Websites and pages you visit within Viralpep to determine what portion of the Viralpep Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Viralpep Website and Subscription Service to customers whose behavior indicates they are interested in a particular subject area. Third parties serve cookies through our Websites for advertising, analytics, and other purposes. For more details, please check out the description below.
The specific types of first and third-party cookies served through our Websites, and their purpose includes:
- Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites.
- Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
- Analytics and customization cookies: These cookies collect information used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are or to help us customize our Websites for you.
- Advertising cookies: These cookies are used to make advertising messages more relevant to you. These cookies perform functions like preventing the same advertisement from continuously reappearing, ensuring ads are correctly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
- Social networking cookies: These cookies enable you to share pages and content of your interest on our Websites through third-party social networking and other websites. These cookies may also be used for advertising purposes too.
Your age must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service, and (c) your registration and your use of the Service is in compliance with each and every applicable laws and regulation as per the law of Canada. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that he has the authority to bind you (entity, organization, or company) to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
Registration and Password policy
To use our service, you have to register first. At the time of registration, the system will ask for your Name, Email Address, etc. You agree that all the information that you provide is updated and correct. It is your responsibility to ensure that information is updated each time you edit your details. The system needs to set a password for your account. You must ensure that the provided password is safe with you, and you are solely responsible for its confidentiality. You are responsible for any kind of action happening through your account. If you feel that your account is unsecured or compromised and you wish to delete the same, kindly contact email@example.com
You can pay for your plan through our website.
Payment Plan Type
- Monthly Plans In monthly plans, we will charge you on the first day of subscription and automatically before 3 days of the subsequent month-end if the payment mode is through the payment gateway. If the payment mode is PayPal, you will be charged at the end of the subsequent month-end. We will charge you every month for your plan until you downgrade your plan to the free account type. There will be no refund in any case. You are responsible for your selected plan.
- Annual Plans In annual plans, we will charge you on the first day of subscription and automatically before 3 days of the subsequent year-end if the payment mode is through the payment gateway. If the payment mode is PayPal, you will be charged at the end of the subsequent year-end. We will charge you every year for your plan until you downgrade your plan to the free account type. There will be no refund in any case. You are responsible for your selected plan.
Change in plan
- In the case of an upgrade, your subscription with the upgraded plan will start on the same day, and we will charge you on the same day. Every month you will be charged as per the terms mentioned above.
- In the case of a downgrade, your new plan subscription will be started when your current subscription ends. You will be charged as per your plan detail from the first day of your new plan.
- Viralpep.com reserves the right to increase subscription fees for your Plan. In case of any increase, a notification will be sent to all the users. We are not responsible for emails being stopped by you from the profile, have not completed the email verification process, unsubscribe emails from Viralpep, or any other case through which you won’t get an email from us. You can always find updated plan details on https://www.viralpep.com/plans
Credit/Debit Card and PayPal authorization
- By submitting your credit/debit card or PayPal information to Viralpep, you authorize Viralpep to securely store this information with its third-party service providers and charge the card or PayPal account you have provided us until your account is terminated. In addition, you authorize us to use a third-party payment processor in processing payments. If your credit card expires or is declined or your Paypal information requires an update, we will notify you via email. If for any reason, your payment is not completed through card or Paypal, we may downgrade your account to free type.
The account can be terminated only by us. In any case, if you wish to have your account deleted, do contact us at firstname.lastname@example.org with the required details. Once your account is deleted, you won’t be able to restore your account in any case. If you are using any of our paid plan services, It will be stopped immediately and in any case, you won’t get any refund. Viralpep will not save/store any of the data after the account is deleted.
Use of services from your side
You shall (i) be responsible for your and your Authorized Users’ compliance with these Terms of Service, including the Fair Use Policy; (ii) you are solely responsible for the content which you post or schedule; (iii) you have to make sure that your account credentials, your team details, and any other services which Viralpep provides will be secure enough and you are not giving any permission to any third party to access those details. (iv) Promptly notify email@example.com if you realize or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User’s) username, password, or account; (v) use the Service only by applicable laws and government regulations; (vii) comply in all respects with all the terms of service of the Supported Platforms, such as:
- the YouTube Terms of Service published at https://www.youtube.com/t/terms
- the Facebook Terms of Service published at https://www.facebook.com/terms.php and https://www.facebook.com/policies_center/pages_groups_events
- the Instagram Terms of Service published at https://help.instagram.com/478745558852511
- the Twitter Terms of Service published at https://twitter.com/en/tos
- the LinkedIn Terms of Service published at https://www.linkedin.com/legal/user-agreement
- or any terms of service issued by any social network you may manage using the Service.
You must not (a) make the Service available to anyone other than to your Authorized Users; (b) allow more than one individual Authorized User to use it; (c) republish our material; (d) sell, rent, or sub-licensing our product or service (e) reproduce, duplicate or copy design, idea, functions, methodology, operations or any content which is available at Viralpep.com (f) use the service to store or transmit any content which may be threatening, harmful, not permitted, infringing, defamatory or violate any governmental laws (g) use the service to store or upload any kind of file, software or link which has or which redirect to a virus, trojan horse, worm or any way harmful to anyone (h) attempt to de-compile, hack, modify any code, change performance, using any third-party data.
In such cases, Viralpep has all the rights to terminate your account on an immediate basis. And in that case, you won’t get any refund or your account details from our side.
We may access your data in case of responding to your ticket or submitted issues. We can share your data with a third party, if required by law, for any product feature or permitted by you. We never share your data with any third party for marketing purposes. We make sure that the data shared with any third party has followed an ethical practice of data confidentiality.
Assumption of Risk
You use the Internet solely at your own risk, and it applies to all local, state, national and international laws and regulations. Viralpep strives to give you the best site and service experience possible in terms of security, reliability, stability, and privacy. However, we are not responsible for any security issue which is out of our control. We have no control over internet networks and fragile hosting service issues.
You hereby declare that you are aware of the Internet and World Wide Web. Using our service via the internet is totally at your own risk. You shall be responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the site or our service.
You grant us the right to add your name and company logo to our customer list and website. You can opt out of this by contacting us via email at firstname.lastname@example.org.
Unless you have our expressed prior written permission, you may not use any name, logo, tagline or other marks of ours or the Viralpep Service, or any identifier or tag generated by the Viralpep Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacities. You also agree not to remove or alter any of these items as we may have provided or enabled.
You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of
(a) unauthorized or illegal use of the Subscription Service by you or your Affiliates,
(b) your or your Affiliates' non-compliance with or breach of this Agreement,
(c) your or your Affiliates' use of Third-Party Products, or
(d) the unauthorized use of the Subscription Service by any other person using your User information.
We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with necessary information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Disclaimers, Limitation of Liability
- Performance Warranty: We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided, however, this warranty will not apply to you if you only use the Free Services. In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance. Suppose we cannot correct such non-conformance within one hundred & twenty (120) days from the date when you notified us of the non-conformity (the “Remedy Period”). In that case, either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period. If you terminate the Agreement, for this reason, we will promptly refund any prepaid but unused fees covering the use of the Subscription Service after termination. We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.
- Disclaimer of Warranties: Except as set forth in the “performance warranty” section and without limiting our obligations in the 'protection of customer data' section of this agreement, we and our affiliates and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security, accuracy or completeness of the subscription service, data synched to or made available from the subscription service, viralpep content, or the consulting services for any purpose. To the extent permitted by law, the subscription service, viralpep content, and consulting services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions of any kind, whether express, implied, or statutory, concerning the subscription service and the consulting services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
- No Indirect Damages: To the extent permitted by law, in no event will either party or its affiliates be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data, or business opportunities arising out of or related to this agreement, whether an action is in contract or tort and regardless of the theory of liability; provided that, this limitation will not apply to you if you only use the free services.
- Limitation of Liability: Except for your liability for payment of fees, your liability arising from your obligations under the ‘indemnification’ section, and your liability for violation of our intellectual property rights, if, notwithstanding the other terms of this agreement, either party or its affiliates is determined to have any liability to the other party, its affiliates or any third party, the parties agree that the aggregate liability of a party and its affiliates will be limited to a sum equal to the total amounts paid or payable for the subscription service in the twelve months preceding the event giving rise to a claim; provided. However, this limitation will not apply to you if you only use the free services. In this case, if we are determined to have any liability to you or any third party arising from your use of the free services, then our aggregate liability will be limited to one US dollar.
Third-Party Products: We and our affiliates disclaim all liability with respect to third-party products that you use. Our licensors will have no liability of any kind under this agreement.
Agreement to Liability Limit: You understand and agree that absent your agreement to this limitation of liability, we would not provide the subscription service to you.
Amendment; No Waiver.
We may modify any part or all of the Agreement by posting a revised version at https://www.viralpep.com/terms. The revised version will become effective and binding the same day after it is posted. We will provide you notice of this revision by notification.
Force Majeure: Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; the act of God; electrical, internet, or telecommunication outage that the obligated party does not cause; government restrictions; or other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Actions Permitted: Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Relationship of the Parties: You and We agree that no joint venture, partnership, employment, or agency relationship exists between us.
Compliance with Laws: We will comply with all Canadian state and federal laws (where applicable) in our provision of the Subscription Service, the Consulting Services, and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request. You will comply with all laws in your use of the Subscription Service and Consulting Services, including any applicable export laws.
You will not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals or permit use of the Subscription Service or Consulting Services by prohibited countries or individuals.
Severability: If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Assignment: You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor because of a merger, reorganization, sale of all or substantially all of your assets, change of control, or operation of law, provided such successor is not a competitor of ours. We may assign this Agreement to any Viralpep affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law.
No Third-Party Beneficiaries: Nothing in this Agreement, expressed or implied, is intended to or will confer upon any third party person or entity any right, benefit, or remedy of any nature whatsoever under or because of this Agreement.