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Terms of Service and Privacy Policy

Before using the following website ViralStat.com Customers are obliged to read the Terms & Conditions and Privacy Policy

Terms of Service

Before using ViralStat.com, Customers must read these Terms of Service and the Privacy Policy.
By creating an Account or using any service provided through ViralStat.com, the Customer agrees to be bound by these Terms.

I. General Provisions

1. The Website ViralStat.com is operated by VIRALSEED SP. Z O.O., entered into the Register of Entrepreneurs maintained by the Regional Court for Wroclaw Fabryczna, VI Commercial Division of the National Court Register under KRS 0000431347, VAT ID PL8971784557, REGON 021958221, headquarters at Plac Solny 14/3, 50-062 Wroclaw, Poland.
Contact: [email protected]

2. These Terms govern:
– the types and scope of SaaS services delivered electronically via ViralStat.com
– rules of service delivery
– conditions for concluding, modifying, and terminating agreements
– complaint, payment, and liability rules

3. By accessing or using the Website, the Customer confirms acceptance of these Terms. If the Customer does not agree, they may not use the Website.

4. In matters not governed by these Terms, the applicable provisions of Polish law shall apply.

II. Definitions

Account – a Customer-controlled profile enabling the use of SaaS services after registration and login.

Consumer – a natural person entering into a legal transaction with the Service Provider unrelated to their business or professional activity.

Customer / User – a natural or legal person using the Electronic Services.

Electronic Service – any service delivered electronically by the Service Provider through the Website.

License – a non-exclusive, time-limited right to use the Software under the Subscription.

Newsletter – free service allowing Customers to receive information from the Service Provider.

SaaS (Software as a Service) – cloud-based delivery model in which the Customer uses Software hosted by the Service Provider.

Service Provider / Operator – VIRALSEED SP. Z O.O.

Software – the application made available via the Website.

Subscription Term – the period (monthly, annual, or otherwise) for which the Customer pays to use the SaaS services.

Website – ViralStat.com, through which the SaaS services are delivered.

III. Type and Scope of Electronic Services

1. The Service Provider offers the following SaaS-based Electronic Services:

  • Account administration
  • Import, export and management of data
  • Generation of analytics, statistics, dashboards, and reports
  • Social media monitoring (YouTube, Facebook, Instagram, etc.)
  • Performance tracking of content posted by Users
  • Multilevel user management
  • Notifications regarding data updates
  • Newsletter subscription

2. Rankings, analyses, and social media data displayed on the Website are based on publicly available information provided by platform APIs (e.g., YouTube API). These are not modified by the Service Provider.

3. The Service Provider is not affiliated with the providers of social networking platforms.

4. Advertising content may be displayed on the Website.

IV. Conditions for Provision of Services and Conclusion of Agreements

1. Access to paid plans requires:
– registration
– acceptance of these Terms
– successful payment via an approved payment processor

2. Payment methods: Stripe, PayPal, Wise, and payment cards supported by these processors.

3. The Subscription fee must be paid in accordance with the price list on the Website.

4. Access to the service is activated immediately once the payment is successfully processed.

5. Free trial:
– Customers receive a 14-day trial
– No fees are charged during the trial
– If the Customer does not cancel before trial expiry, the Subscription renews automatically and payment is collected

6. Subscription changes: Customers may upgrade, downgrade, or cancel at any time. Changes take effect on the next Subscription Term.

7. If payment fails, the Account may automatically revert to the free plan.

8. The Service Provider may block access if:
– the Customer attempts to abuse the trial system
– the Customer violates these Terms
– unlawful or harmful activity is detected

9. Technical requirements:
– Device with Internet access
– Current web browser with JavaScript and cookies enabled
– Email access

10. The Customer agrees not to perform prohibited actions such as hacking, spamming, port scanning, or distributing malware.

V. Termination of Agreements

1. Agreements for continuous services (Account, Newsletter) are concluded for an indefinite period.

2. The Customer may terminate access:
– Immediately (Entrepreneurs)
– With 7-day notice (Consumers)
– By sending termination request to [email protected]

3. The Service Provider may terminate an agreement if:
– the Customer violates these Terms
– illegal content is submitted
– required notices are ignored

4. Termination applies only for future periods. No retroactive refunds apply except when required by law.

VI. Complaint Procedure

1. Complaints must be submitted via email to [email protected].

2. The complaint should include:
– description of the issue
– date and time of occurrence
– Customer contact information

3. Complaints will be reviewed within 14 days.

4. The response is sent to the email address provided by the Customer.

VII. Intellectual Property

1. All content on ViralStat.com, including Software, layout, trademarks, and databases, is owned by VIRALSEED SP. Z O.O. or licensed accordingly.

2. Any unauthorized copying, distribution, or modification is prohibited and may result in civil or criminal liability.

3. The Customer is responsible for ensuring that any uploaded content does not violate third-party intellectual property rights.

4. ViralStat uses YouTube API Services. By using YouTube content within ViralStat, the Customer agrees to:
YouTube Terms of Service
Google Privacy Policy

The Customer is responsible for reviewing updates to these documents.

VIII. Liability

1. The Service Provider uses reasonable security measures to protect Customer data.

2. The Service Provider does not guarantee uninterrupted operation and is not responsible for outages resulting from:
– third-party failures
– force majeure
– maintenance work
– actions caused by external social networks

3. For Customers who are not Consumers, the Service Provider is not liable for:
– loss of profits
– business interruption
– data loss
– software or hardware malfunction
– improper configuration by the Customer
– password loss

IX. Delivery Policy

1. All services are delivered digitally via the Website.

2. No physical goods are shipped.

3. Services become available immediately upon successful payment confirmation.

4. The Service Provider is not responsible for delays caused by payment processors.

X. Refund & Cancellation Policy

1. General Rule: Paid Subscription fees are non-refundable, except where required by law.

2. Consumers may withdraw from the agreement within 14 days unless they begin using the Electronic Service (including during a trial), which constitutes a waiver of the withdrawal right.

3. Refunds, when applicable, are issued within 14 days using the original payment method.

4. Subscriptions renew automatically unless cancelled prior to renewal.

5. Cancellation takes effect at the end of the current Subscription Term. No prorated refunds are provided.

6. If the service malfunction is verified and materially affects functionality, the Service Provider may, at its discretion, grant:
– an extension of the Subscription Term
– a partial refund

XI. Payment Processors

1. Payments are processed securely through third-party providers:
– PayPal (Europe) S.à r.l. et Cie
– Stripe, Inc.
– Wise (Wise Payments Limited)

2. By making a payment, the Customer accepts the terms and policies of the chosen payment processor.

3. The Service Provider does not store full payment card details.

4. The Service Provider is not responsible for delays or errors caused by payment processors.

XII. Final Provisions

1. Agreements executed via the Website follow Polish law.

2. The Service Provider may modify these Terms. Changes are binding if the Customer:
– receives notice
– does not terminate within 14 days

3. The Customer will be notified of changes via email and Website messages.

4. If any provision is found unlawful, the remaining provisions remain valid.

5. Disputes shall first be resolved through negotiation. If unsuccessful, disputes are settled by the competent Polish court.

6. Consumers may use out-of-court dispute resolution such as mediation or arbitration.
Information is available via the Office of Competition and Consumer Protection (UOKiK) and the Online Dispute Resolution platform (ODR).

PRIVACY POLICY

(effective May 25th, 2018)

 

I. General overview

II. The aim and the scope of data collecting.

III. Legal background for data procession

IV. Right to control, access of the personal data content and correction

V. “Cookie” files

VI. Other information

 

I. General overview

  1. Personal data collected at the Website https://viralstat.com are administered by VIRALSEED Sp. z o.o. [VIRALSEED LIMITED LIABILITY COMPANY] entered in the Commercial Register kept by the District Court for Wroclaw – Fabryczna in Wroclaw, VI Commercial Division of National Court Register under no. [NCR]: 000431347, VAT Number: PL8971784557, Company Number: 021958221, place of business and service address: Minska 38/200, 54-610 Wroclaw, Poland, e-mail address: [email protected], hereinafter referred to as “Administrator”, which is also the Service Provider.
  2. Every word or phrase in this Privacy Policy starting with a capital letter should be interpreted according to their definition as described in Terms and Conditions of: https://viralstat.com .

 

II. The aim and the scope of data collecting

  1. Personal data will be processed in order to contact the Customer, for informational, accounting and other purposes involving the Customers’ activity on the website https://viralstat.com, also for the purposes of direct marketing concerned with own services provided in a traditional way (printed documents), constituting so-called legitimate interest of the company. For the above-mentioned purposes, data will be processed on the basis of Art. 6.1.b), c) and f) of Decree of The European Parliament and the Council (EU) 2016/679 dated on 27 April 2016 related to the protection of individuals concerning data processing and the free movement of personal data, and the repeal of the 95/46/WE (GDPR) directive.
  2. After the separate agreement, on the basis of Art. 6.1.a) of GDPR, the data may be processed also for purposes of sending information via electronic ways or calling via telephone for direct marketing – accordingly to Art.10.2 of the Act on Providing Electronic Services dated 18 July 2002 or Art. 172.1 of the Telecommunication Law dated 16 July 2004, including those resulting from individual profiling, if the service user agreed to it.
  3. Personal data processed for service purposes will be processed for the time necessary for the service performance, then data, which are liable for archiving, will be stored for a period of time adequate for expiration of claims, i.e. 10 years. Personal data processed for marketing purposes covered by the Customer’s declaration of consent will be processed until the withdrawal of consent.
  4. In the event of the GDPR regulations being violated by personal data processing, the person, whose data is concerned, has the right to present the complaint against General Inspector for the Protection of Personal Data (since 25th May – President of the Office for Personal Data Protection).
  5. Data submission is voluntary, however submission of marked data is required for service ordering, but the consequence of not submitting it will make it impossible to order a service.
  6. Personal data will be processed also in an automatic way in the form of profiling, if the service user agrees to it on the basis of Art. 6.1.a) of GDPR. The consequence of profiling will be the attribution of individual person to his or her profile in order to making decisions about the person, analyzing and predicting their preferences, behaviors and attitudes.
  7. The Administrator makes every possible effort in order to protect the interests of persons, whose data are collected, in particular ensures that, the data collected is:
  8. processed according to the law,
  9. gathered for specified, legal purposes and it does not undergo any further processing, incompatible with the mentioned purposes,
  10. correct in content and adequate in relation to the purposes of processing and storage in form, that allows the identification of the concerned persons, no longer than for the time necessary to reach the aim of processing.

 

III. Right to control, access of the personal data content and correction  

  1. The person, whose data is concerned, has the right to access the content of the personal data and the right to correct it, remove it, limit its processing, the right to move data, the right to object, the right to withdraw the consent for processing at any moment regardless its legality for processing, which was done on the basis of agreement before its withdrawal.
  2. In order to implement the privileges indicated in point 1, a relevant e-mail message may be sent to the following address: [email protected].

 

IV. “Cookie” files

  1. The Service Provider’s website uses the ‘cookie’ files. The lack of change in the Customer’s web browser settings equals consent to the data processing.
  2. The ‘cookie’ files installation is necessary for the services to be provided correctly. The ‘cookie’ files provide information obligatory for the Website to function correctly, in particular concerning the services that require authorization.
  3. The Website uses three types of the ‘cookie’ files: ‘session’, ‘persistent’ and analytical.
  4. ‘Session cookies’ are temporary files that are stored in the Customer’s device until log out (leave the Website).
  5. ‘Persistent cookies’ are stored in the Customer’s device for the time indicated in their specifications or until their manual removal.
  6. ‘Analytical cookies’ allow better recognition of the Customer’s interactions within the Website, better organization of the Website. ‘Analytical cookies’ gather information about the way in which the Website is used by the Customer’s, about type of the website redirected to the Service Provider’s Website and the number of visits and the time spent on the Website. This information does not register any personal information of the Customer, but serve only for statistical purposes of the Website.
  7. The user has the right to decide which ‘cookie’ files are used in the device by the earlier choice in the settings of the internet browser. Detailed information on the use of the ‘cookie’ files are available in the software settings (internet browser settings).

 

 V. Other information

  1. The Administrator uses technical and organizational measures in order to provide the data processing protection in a manner appropriate for the threats and categories of protected data and in particular secures the data against disclosure to unauthorized persons, removal by an unauthorized person, and processing in violation of the law, and modification, loss, damage or destruction.
  2. Service Provider provides appropriate technical measures preventing unauthorized access and modification of personal data sent electronically by unauthorized persons.
  3. Matters not covered by this Privacy Policy are governed accordingly by Terms and Conditions of https://viralstat.com, regulations of Decree of The European Parliament and the Council (EU) 2016/679 dated 27 April 2016 related to the protection of individuals concerning data processing and the free movement of personal data, as well as the repeal of the 95/46/WE (GDPR) directive, or other relevant regulations of the Polish law, respectively.
  4. Provisions contained in this Privacy Policy are effective 25th May, 2018.

 

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