Terms of Service

1. Acceptance of Terms

By accessing or using Viral Manager ("the Service"), operated by WINRA SAS, a French société par actions simplifiée registered with the Nanterre Trade and Companies Register under SIREN 951 112 630 (intra-community VAT FR64951112630), with its registered office at 40 rue Madeleine Michelis, 92200 Neuilly-sur-Seine, France ("we", "our", or "us"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

2. Description of Service

Viral Manager is a SaaS platform that helps content creators and social media managers discover viral content trends, analyze posts using AI, and organize their content strategy. The Service includes features such as viral post discovery, AI-powered content analysis, asset management, and team collaboration tools.

3. Account Registration

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 16 years old to use the Service
• One person or entity may not maintain more than one account
• You are responsible for all activity that occurs under your account

4. Subscriptions, Payments & Refunds

The Service is offered through paid subscription plans, some of which may include a free trial period. By subscribing to a paid plan:

• You authorize us to charge your payment method through our payment processor, Stripe. Custom and Enterprise plans (see section 5) may alternatively be paid by bank transfer against invoice.
• Subscriptions are billed in advance on a recurring basis, monthly or annually depending on the plan you select.
• You may cancel your subscription at any time through your account settings or the Stripe billing portal. Cancellation takes effect at the end of the current billing period; the period already started remains due.
• Refunds. Except where required by applicable law, all payments are non-refundable and no refund or credit is granted for partial billing periods, unused features, or downgrades. Amounts already paid for a committed term (monthly or annual) remain due in full.
• Right of withdrawal. If you qualify as a consumer or assimilated non-professional under the French Consumer Code, you have a 14-day right of withdrawal. By requesting immediate access to the Service, you expressly consent to the performance of the contract before the end of the withdrawal period and acknowledge that you thereby waive your right of withdrawal (article L221-28 of the French Consumer Code).
• Late payment (business customers billed by invoice). Any amount unpaid at its due date automatically bears late-payment interest at three times the French legal interest rate, plus the statutory fixed recovery indemnity of EUR 40 per invoice (articles L441-10 and D441-5 of the French Commercial Code). We may suspend access to the Service until full payment.
• We reserve the right to modify pricing with at least 30 days notice. Price changes never apply retroactively and do not affect a committed term already paid; they apply from your next renewal.

5. Custom & Enterprise Plans

In addition to self-serve plans, we may offer custom plans, annual commitments, onboarding assistance, or other professional services under a separate order form or quote ("Order Form") signed by both parties. For these plans:

• The Order Form specifies the scope, committed term, pricing, and payment schedule. In case of conflict, the Order Form prevails over these Terms.
• Unless the Order Form states otherwise, the committed term is firm: early termination by the customer does not release the customer from paying the fees for the remainder of the committed term, and amounts already paid are not refunded.
• Professional services (such as onboarding or training) are provided under an obligation of means. Their delivery depends on the customer's reasonable cooperation (access, information, availability).
• Invoices issued under an Order Form are payable within 30 days of issuance unless stated otherwise, and are subject to the late-payment terms of section 4.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, including copyright and intellectual property laws
• Attempt to gain unauthorized access to the Service or its systems
• Use the Service to scrape, collect, or harvest personal data beyond what is provided
• Resell, duplicate, or redistribute the Service without authorization
• Interfere with or disrupt the Service or servers
• Upload malicious code or content

7. Intellectual Property

The Service, including its design, features, and content (excluding user-generated content), is owned by WINRA SAS and protected by intellectual property laws.

You retain ownership of any content you upload to the Service. By uploading content, you grant us a limited license to store, process, and display that content as necessary to provide the Service.

8. AI Analysis & Content

Our AI-powered analysis features provide suggestions and insights based on publicly available social media data. While we strive for accuracy:

• AI-generated analysis is provided "as-is" and should not be considered professional advice
• Viral scores and content recommendations are estimates and not guarantees of performance
• You are responsible for how you use the insights provided by the Service

9. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, and protect your data.

10. Limitation of Liability

To the maximum extent permitted by law, WINRA SAS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business opportunities, arising from your use of the Service.

To the maximum extent permitted by law, the total aggregate liability of WINRA SAS for all claims arising out of or relating to the Service or these Terms is capped at the total amount of fees you actually paid to us during the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law (including gross negligence, willful misconduct, or death or personal injury).

11. Service Availability

We aim to provide a reliable and continuously available Service, but we do not commit to any specific uptime level and do not guarantee uninterrupted access, unless a specific service level agreement has been agreed in writing in an Order Form. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control, and will provide reasonable notice when possible.

12. Termination

We may suspend or terminate your account if you violate these Terms. You may terminate your account at any time by contacting support. Upon termination:

• Your right to use the Service will cease immediately
• We will delete your data within 30 days, unless legally required to retain it
• Any outstanding payments remain due, including the remainder of any committed term under section 5

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with French law, without regard to conflict of law provisions. Any dispute relating to these Terms shall be submitted to the competent courts within the jurisdiction of Nanterre, France, unless mandatory consumer-protection rules provide otherwise.

15. Contact

For any questions regarding these Terms, please contact us at support@viral-managers.com