Terms of Service

These Terms of Service ("Terms") govern your access to and use of Viral Tools, including our website at viraltools.app, applications, software, AI tools, scheduling tools, analytics features, content library, and related services (collectively, the "Service").

The Service is operated by Boolean and Bean Pty Ltd ("we", "us", "our").

By accessing or using the Service, creating an account, connecting a third-party platform, or clicking to accept these Terms, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" includes that entity.

1. Eligibility

You must be at least 16 years old, or the minimum age required by law in your jurisdiction, to use the Service.

You may use the Service only if you are legally able to enter into a binding contract and are not prohibited from using the Service under applicable law.

2. Your Account

You may need to create an account to use some or all of the Service.

You agree to:

• provide accurate, current, and complete account information;
• keep your login credentials secure and confidential;
• promptly update your account information if it changes; and
• be responsible for all activity that occurs under your account.

You must notify us promptly if you suspect unauthorized access to your account or any connected third-party account.

We may suspend or restrict access to the Service if we reasonably believe your account, credentials, or connected platform access has been compromised, is being misused, or creates a security, legal, or operational risk.

3. Description of the Service

Viral Tools is an AI-powered social media scheduling platform that may allow you to:

• create, edit, store, and organize content;
• generate AI-assisted captions, posts, hashtags, and related content;
• connect third-party social media accounts;
• schedule or publish content to connected platforms;
• view analytics and engagement information made available by connected platforms; and
• manage subscriptions, billing, and account preferences.

We may update, modify, add, remove, suspend, or discontinue any feature, integration, or part of the Service at any time.

We do not guarantee that any feature or integration will always be available, uninterrupted, error-free, or supported in all regions or on all plans.

4. Third-Party Platforms and Integrations

The Service may allow you to connect and use third-party platforms and services, including social media platforms, payment providers, AI providers, analytics tools, and other integrations.

Your use of any third-party platform or service is subject to that third party's own terms, policies, permissions, and enforcement decisions, which are separate from these Terms.

You acknowledge and agree that:

• third-party platforms may suspend, restrict, revoke, limit, or terminate access to their APIs, permissions, tokens, content, or accounts at any time;
• third-party platforms may change their APIs, access rules, permissions, technical requirements, review requirements, pricing, rate limits, or supported functionality at any time;
• we are not responsible for any third-party platform's actions, decisions, moderation, suspensions, restrictions, or policy enforcement; and
• your use of connected platforms through the Service must comply with the rules of those platforms.

You are solely responsible for:

• maintaining valid access to connected accounts;
• obtaining all permissions, approvals, and rights necessary for us to act on your instructions;
• ensuring your content and activity comply with each connected platform's rules; and
• reconnecting or refreshing credentials where necessary.

We are not responsible for any loss, failed publication, missed post, reduced reach, demonetization, takedown, account restriction, API limitation, token expiry, analytics loss, app review issue, or account ban imposed by a third-party platform.

If a connected account becomes unavailable, restricted, disconnected, expired, hacked, or otherwise unusable, we may be unable to publish, schedule, edit, retrieve, or analyze related content.

We may suspend, modify, or discontinue support for any integration or platform at any time if reasonably necessary due to platform changes, security concerns, legal issues, technical limitations, or business reasons.

5. Content and Publishing Authority

You retain ownership of the content you create, upload, submit, or store in the Service ("Your Content"), subject to the rights you grant us in these Terms.

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, modify, transmit, and otherwise use Your Content solely as necessary to:

• provide and operate the Service;
• display, format, or optimize content for connected platforms;
• schedule, publish, or manage content on your behalf based on your instructions;
• generate analytics and reporting;
• back up, secure, and maintain the Service; and
• comply with legal obligations.

You represent and warrant that:

• you own or control all rights necessary to use and publish Your Content;
• Your Content does not infringe, misappropriate, or violate any person's or entity's rights;
• Your Content complies with applicable law and the rules of each connected platform; and
• you have all required rights, permissions, and consents for any names, images, likenesses, trademarks, audio, video, or third-party material included in Your Content.

You are solely responsible for Your Content and for all decisions to publish, schedule, or distribute it.

We are not responsible for reviewing all content before it is published, and we do not guarantee that content will perform well, remain live, or comply with any third-party platform's rules.

6. AI Features

The Service may include AI-assisted features that generate or suggest captions, posts, hashtags, rewrites, repurposed content, schedules, or other outputs.

You acknowledge and agree that:

• AI-generated outputs are suggestions only;
• AI outputs may be inaccurate, incomplete, repetitive, offensive, or inappropriate;
• AI outputs may resemble outputs generated for other users;
• you are solely responsible for reviewing, editing, and approving any AI-generated output before using, publishing, or relying on it; and
• we do not guarantee originality, accuracy, legality, fitness for purpose, or non-infringement of AI-generated outputs.

You must not rely on AI-generated content as legal, financial, compliance, medical, or professional advice.

We may use third-party AI providers to process prompts and content you submit through AI features, as described in our Privacy Policy.

Nothing is published to connected platforms unless you choose to publish immediately or schedule it for publishing.

7. Acceptable Use

You must not, and must not allow others to, use the Service to:

• violate any law, regulation, or third-party right;
• violate the terms, policies, or rules of connected social platforms;
• upload, publish, schedule, or distribute unlawful, fraudulent, defamatory, infringing, abusive, hateful, deceptive, or otherwise prohibited content;
• impersonate another person or entity;
• harvest, scrape, or collect data without authorization;
• interfere with, disrupt, damage, or overload the Service or related systems;
• access the Service through automated means except as expressly permitted by us;
• reverse engineer, decompile, or attempt to discover source code or underlying models, except where prohibited by law;
• upload malware, malicious code, or harmful content;
• attempt to bypass limits, permissions, subscriptions, or access controls;
• use the Service to spam, harass, phish, mislead, or manipulate others;
• use the Service to create or facilitate illegal scams, fake engagement, or deceptive platform activity; or
• use the Service in a way that could create legal exposure, harm, or security risk for us, our users, or third parties.

We may investigate suspected misuse and may suspend or terminate access to the Service if we believe you have violated this section.

8. Fees, Billing, Trials, and Renewals

Some parts of the Service may require payment.

By purchasing a paid plan, you agree to pay all fees, charges, and applicable taxes associated with your subscription.

Unless otherwise stated:

• subscriptions are billed in advance on a recurring basis;
• subscriptions automatically renew until canceled;
• you authorize us and our payment processor to charge your selected payment method for recurring subscription fees and applicable taxes; and
• prices may change from time to time, but changes will apply prospectively.

If you are on a free trial or promotional offer, additional terms may apply. Unless we clearly state otherwise at signup, your paid subscription may begin automatically at the end of the trial period unless you cancel before renewal.

You are responsible for:

• keeping your billing information accurate and current;
• paying all fees on time; and
• any taxes, duties, or government charges associated with your subscription, except taxes based on our net income.

If a payment fails, we may retry the charge, suspend your access, downgrade your account, or cancel your subscription.

Except as required by law, all fees are non-refundable.

You can cancel your subscription at any time through your account settings or by contacting us. Unless required by law, cancellation takes effect at the end of the current billing period, and you will not receive a refund for unused time.

9. Intellectual Property

The Service, including its software, design, branding, interfaces, text, graphics, workflows, and underlying technology, is owned by us or our licensors and is protected by intellectual property and other laws.

Except for the limited rights expressly granted to you under these Terms, we reserve all rights, title, and interest in and to the Service.

You may not copy, modify, distribute, sell, sublicense, lease, reverse engineer, or create derivative works from the Service except as expressly permitted by these Terms or by law.

"Viral Tools", our logos, branding, and related marks are our trademarks or the trademarks of our licensors. You may not use them without our prior written consent.

10. Feedback

If you provide feedback, suggestions, ideas, feature requests, or recommendations about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, modify, implement, and exploit that Feedback for any purpose, without compensation or attribution to you.

11. Privacy

Our collection, use, and disclosure of personal information are described in our Privacy Policy.

By using the Service, you acknowledge that we may process personal information in accordance with our Privacy Policy.

We use Google Analytics to understand how the Service is used and Google Ads conversion tracking to measure the effectiveness of our advertising. These services may use cookies and similar technologies to collect information about your use of the Service. For details, see our Privacy Policy.

12. Service Availability and Beta Features

We may provide certain features as beta, preview, experimental, or early access features.

Beta or experimental features may be incomplete, changed, interrupted, or removed at any time, and may be subject to additional terms.

We do not guarantee that the Service, or any part of it, will be available at all times or free from bugs, delays, outages, interruptions, or errors.

Scheduled posts, analytics, AI outputs, platform integrations, and notifications may fail, be delayed, or be incomplete for reasons outside our control, including third-party outages, platform restrictions, token expiry, API changes, or connectivity issues.

You are responsible for monitoring your own content, campaigns, and scheduled activity.

13. Australian Consumer Law and Other Non-Excludable Rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or other right that cannot lawfully be excluded or limited under applicable law, including rights under the Australian Consumer Law.

Where the law permits us to limit our liability for a breach of a non-excludable guarantee, our liability is limited, at our option, to:

• supplying the relevant services again; or
• paying the cost of having the relevant services supplied again.

14. Disclaimers

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis.

Except as expressly stated in these Terms, we make no warranties or representations, express or implied, about the Service, including any warranty that:

• the Service will be uninterrupted, secure, or error-free;
• the Service will meet your requirements or expectations;
• content will be published, delivered, or displayed successfully on any platform;
• analytics or metrics will be accurate, complete, or up to date;
• AI-generated outputs will be accurate, unique, lawful, or fit for any purpose; or
• any integration with a third-party platform will continue to be available.

You use the Service at your own risk.

15. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any:

• indirect, incidental, consequential, special, exemplary, or punitive damages;
• loss of profits, revenue, business, goodwill, data, opportunity, reputation, or expected savings;
• failed or missed posts, campaign delays, lost reach, reduced engagement, or lost analytics;
• damages arising from account suspensions, content removals, token expiry, or third-party platform actions; or
• losses arising from unauthorized access, outages, bugs, delays, or reliance on AI-generated outputs.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms will not exceed the greater of:

• the total amount you paid us for the Service in the 12 months before the event giving rise to the claim; or
• AUD $100.

Nothing in these Terms limits or excludes liability where doing so would be unlawful.

16. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Boolean and Bean Pty Ltd and its directors, officers, employees, contractors, affiliates, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your Content;
• your use of the Service;
• your breach of these Terms;
• your violation of any law or third-party right;
• your use of any connected third-party platform; or
• any allegation that Your Content or your activity infringes, misappropriates, or violates the rights of another person or entity.

17. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, if:

• you violate these Terms;
• you fail to pay fees when due;
• we reasonably suspect fraud, abuse, unauthorized access, or security issues;
• your use creates risk, legal exposure, or operational burden for us or others;
• a third-party platform revokes or limits required access;
• we are required to do so by law; or
• we decide to discontinue the Service or a part of it.

You may stop using the Service at any time and may cancel your subscription as described above.

Upon termination:

• your right to use the Service ends immediately;
• we may disable access to connected integrations and scheduled actions;
• we may delete or anonymize your information in accordance with our Privacy Policy and legal obligations; and
• any provisions of these Terms that by their nature should survive termination will survive, including provisions relating to payments, intellectual property, disclaimers, liability limitations, indemnity, and dispute resolution.

18. Changes to the Service or Terms

We may update these Terms from time to time.

If we make material changes, we may notify you by email, in-app notice, or by updating the effective date above.

By continuing to use the Service after updated Terms become effective, you agree to the revised Terms, to the extent permitted by law.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of laws principles.

You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts, except where applicable law gives you the right to bring a claim in another forum.

20. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms as part of a merger, acquisition, corporate restructure, or sale of assets.

These Terms, together with our Privacy Policy and any additional terms presented to you for specific features, form the entire agreement between you and us regarding the Service and replace any prior agreements relating to the same subject matter.