These Terms of Service ("Terms") constitute a legally binding agreement between you and GrowSteady, registered with the Dutch Chamber of Commerce (KvK) under number 71297332, with its address at Bavelselaan 82, 4835 GN Breda, the Netherlands ("Viral," "we," "us," or "our"). These Terms govern your access to and use of the Viral software-as-a-service platform, website, APIs, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or using the Service, you expressly agree to these Terms. If you do not agree, you are not permitted to use the Service.
01Eligibility and Account Registration
You must be at least 18 years old and legally competent to enter into a binding agreement. Upon registration, you warrant that the information you provide is accurate, current, and complete. You are at all times responsible for keeping your login credentials confidential and fully liable for all activity conducted under your account.
02Description of the Service and Beta Status
2.1 Beta phase: The Service is currently offered as a Beta version (BETA). This means the platform is still under active development and optimization. We may unilaterally change, extend, or remove features of the Service at any time during this phase.
2.2 General description: Viral provides software for analyzing public and authorized social-media content and websites, and for generating content recommendations and publications.
03Data Extraction, Infrastructure, and Risk Acknowledgment
3.1 Standard paths (Apify & official LinkedIn API) — risk-free: By default, data extraction and publishing run through two safe methods:
1. Apify: isolated, automated cloud programs that operate entirely independently of your personal account sessions.
2. Official LinkedIn API: this connection runs through your personal account and uses only LinkedIn's authorized, official channels. Because this is the official API, publishing and scheduling content is subject to exactly the same rate limits and rules as normal, manual use of LinkedIn.
Because the LinkedIn API is an officially authorized connection and Apify operates independently, using these two standard paths carries no execution risk for your personal accounts. These methods carry no risk of unauthorized restrictions or account bans, provided the standard platform limits are respected. Viral does not use headless browser bot farms or unauthorized parallel databases.
3.2 Optional account connection (Unipile): You may choose to connect your own account through a third party's authenticated API infrastructure (Unipile) for deeper data extraction. When activated, this infrastructure is used exclusively to extract posts that are visible to that specific account. Viral commits to enforcing the quotas and rate limits prescribed in Unipile's Provider Limits and Restrictions documentation.
3.3 Risk acknowledgment (applies exclusively to Unipile): The following risk acknowledgment and exclusion of liability apply only if you yourself choose the optional, non-official account connection through Unipile:
- When using Unipile, we strongly recommend a premium subscription (for example LinkedIn Sales Navigator) to minimize enforcement risk. Connecting a free or inactive account through Unipile significantly increases the likelihood of blocks and data restrictions.
- Because third-party platforms enforce their own terms of service against unauthorized scraping, Viral can never be held liable for temporary or permanent account blocks, restrictions, or data loss arising from your choice to use the Unipile integration.
- You are solely responsible for the configuration of your campaigns and for managing the health of your connected account when using Unipile.
04User Responsibilities
You agree to use the Service only for lawful purposes. You are strictly prohibited from:
- Using the Service to send spam, or for defamation, harassment, or the infringement of intellectual-property or privacy rights.
- Circumventing, reverse engineering, or overloading the Service's security, limits, or API quotas.
- Processing data without holding the legally required rights, permissions, and consents.
05Disclaimer Regarding AI-Generated Output
The Service generates output (analyses, scores, and drafts) using large language models (LLMs). Viral expressly does not provide legal, financial, or other professional advice. You are solely responsible for evaluating, validating, and ultimately publishing all AI-generated content.
06Subscriptions, Billing, and Right of Withdrawal
6.1 Prices and payment: Paid services are offered on a subscription basis and billed in advance. All fees are exclusive of VAT and other statutory levies unless stated otherwise.
6.2 Right of withdrawal (first 14 days): New subscribers may cancel their initial agreement free of charge, with the right to a full refund, within fourteen (14) days of purchase — through the billing dashboard or by email (jasper.ruys@gmail.com).
6.3 Regular cancellation (after 14 days): After the withdrawal period, cancellation takes effect as a non-renewal at the end of the current 30-day billing cycle. Prorated refunds for partially unused months are not granted. In the event of non-payment, Viral reserves the right to suspend access to the Service with immediate effect.
07Intellectual Property and Publicity
All intellectual-property rights in the Service (including software and branding) rest exclusively with Viral and its licensors. You retain ownership of the data you submit, but grant Viral a worldwide, non-exclusive license to process it for the purpose of delivering, securing, and improving the Service.
Publicity right: Unless you opt out in writing via jasper.ruys@gmail.com, you grant Viral the right to use your company name and logo as a reference in marketing materials.
08Privacy and Data Processing (GDPR)
The processing of personal data is set out in our Privacy Policy. You act as the Data Controller and Viral as the Data Processor within the meaning of the General Data Protection Regulation (GDPR). The terms of our Data Processing Agreement (DPA), available upon request, form an integral part of these Terms.
09Disclaimer of Warranties and Future Uptime (SLA)
9.1 During the Beta phase: For as long as the Service is in its Beta phase, it is provided on an "AS IS" and "AS AVAILABLE" basis. VIRAL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. During this beta period, we do not warrant that the Service will operate uninterrupted, securely, or free of errors.
9.2 After the Beta phase (live status): Once the platform leaves the Beta phase and officially goes live, Viral will adopt the uptime and availability standards customary in the SaaS industry (a Service Level Agreement, or SLA). That SLA will at that point be added to these Terms as a formal annex or update.
10Limitation of Liability
EXCEPT IN CASES OF INTENT OR WILLFUL RECKLESSNESS, VIRAL (INCLUDING ITS MANAGEMENT AND EMPLOYEES) SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR REPUTATIONAL DAMAGE (INCLUDING THE LOSS OF ACCESS TO SOCIAL-MEDIA ACCOUNTS THROUGH UNIPILE). OUR TOTAL, CUMULATIVE LIABILITY SHALL NEVER EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE DAMAGE, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS HIGHER.
11Indemnification
Partly in view of the Service's current Beta status, you expressly agree to fully indemnify and hold Viral harmless (both during this Beta phase and thereafter) against all claims, losses, and costs (including legal fees) arising from (a) your unlawful use of the Service, (b) your violation of third-party API terms or limits, and (c) your failure to obtain the consents required for the processing of your data.
12Suspension and Termination
We reserve the right to suspend or terminate your account and access to the Service immediately upon a (suspected) material breach of these Terms, or where required to comply with a legal obligation. Provisions that by their nature are intended to survive termination (such as Liability, Ownership, and Indemnification) remain in full force after termination.
13Governing Law and Choice of Forum
These Terms are governed exclusively by the laws of the Netherlands. All disputes arising from or connected with this agreement or the use of the Service shall be submitted exclusively to the competent court in Amsterdam, the Netherlands, without prejudice to either party's right to seek interim relief in any relevant jurisdiction.
14Miscellaneous
- Force Majeure: Viral is not liable for any failure or delay in performance resulting from force majeure, including but not limited to war, acts of terrorism, pandemics or epidemics, natural disasters, government measures, and failures of the internet or hosting infrastructure.
- Severability: If any provision of these Terms proves void or unenforceable, the remaining provisions remain in full force and effect.
- Entire Agreement: These Terms (including the DPA and the Privacy Policy) supersede all prior agreements or commitments.
15Contact
Legal and administrative questions regarding these Terms may be sent to jasper.ruys@gmail.com.
Viral is operated by GrowSteady (KvK 71297332), Bavelselaan 82, 4835 GN Breda, the Netherlands.