ViralMaxi’s Terms of Service

Last Update: August 2023

Welcome to ViralMaxi.

We are delighted to have you as a valued user on our platform. By accessing and utilizing the ViralMaxi website and mobile application, including any content, functionality, and services provided on or through www.viralmaxi.com or the ViralMaxi mobile application (the “Site”), you agree to comply with the following terms of service (these “Terms of Service”). ViralMaxi is operated by ViralMaxi Inc. It’s subsidiaries, including ViralMaxi LLC and ViralMaxi Limited (Dhaka, Bangladesh), collectively referred to as “ViralMaxi,” “we,” or “us.” The terms “you” or “user” refer to you as a user of the Site.

We kindly request you to carefully review these Terms of Service before commencing your use of the Site. Your usage of the Site, opening an account, or clicking to accept or agree to these Terms of Service when the option is presented signify your acceptance and agreement, on behalf of yourself or your employer or any other entity (if applicable), to be legally bound by these Terms of Service as well as ViralMaxi’s Payment Terms, which can be found here (“Payment Terms”), and are incorporated herein by reference. Additionally, we acknowledge that you have read and understood our Privacy Policy, available here. Should you not concur with these Terms of Service or the Privacy Policy, please refrain from accessing or using the Site. For more detailed policies concerning the Site’s activity and usage, we encourage you to refer to the designated articles herein.

To use the Site, you must be at least 18 years old and legally eligible to form a binding contract. If you are between 13 and 18 years of age, you may use the Site through an account owned by a parent or legal guardian with their appropriate permission. Users under the age of 13 are not permitted to use the Site or avail themselves of ViralMaxi’s services. By utilizing the Site, you affirm and guarantee that you meet all the aforementioned eligibility requirements. If you do not meet these requirements, we kindly ask you not to access or use the Site.

At ViralMaxi, we prioritize the satisfaction and support of our users. Our dedicated Customer Support team is available 24/7 to assist you with any queries related to the Site or these Terms of Service. Please feel free to contact them by submitting a request here, and they will be more than happy to assist you.

We understand the importance of clear communication, and hence, we want to emphasize that the original language of these Terms of Service, as well as all other texts throughout the Site, is English. For the convenience of our users, we provide translations, but in case of any discrepancies between the original English version and any translation, the English version shall prevail.

Key Terms:

– Buyers are esteemed users who purchase services on ViralMaxi.

– Custom Offers are exclusive proposals that Sellers can create in response to specific requirements of Buyers.

– Custom Orders are requests made by Buyers to receive Custom Offers from Sellers.

– VM® Extras are additional services offered by Sellers on top of their VMs for an additional price as defined by the Sellers.

– VM® Packages enable Sellers to offer services in different formats and prices, including upgrades, which allow Sellers to price their services above $5.

– VM® Page is a dedicated space where Sellers describe their VMs and their terms, allowing Buyers to make purchases and create orders.

– VM® / VMs® / Services collectively refer to the wide array of services offered on ViralMaxi.

– Logo Design represents an original design for a logo uploaded by a Seller through the ViralMaxi Logo Maker.

– Logo Maker is an automated logo design tool that we offer to our users, as further elaborated in these Terms of Service.

– Order Page facilitates communication between Buyers and Sellers concerning their ordered VMs.

– Orders denote the formal agreements between Buyers and Sellers after the completion of purchases from the Seller’s VM Page.

– Sellers or Freelancers are esteemed users who offer and perform services through VMs/Services or through the Logo Maker on ViralMaxi.

Overview (Main terms, in a nutshell):

– ViralMaxi is a vibrant marketplace where only registered users may buy and sell. Registration is free. By registering, you acknowledge the importance of providing accurate, complete, and updated information and undertake not to create an account for fraudulent or misleading purposes. It is crucial that you take full responsibility for any activity on your account and safeguard the confidentiality and security of your password. We stand unaccountable for any acts or omissions by you in connection with your account.

– Our diverse VMs may be offered at a base starting price of $5. However, some VMs may be priced above $5, as determined by the Seller.

– To initiate an order, Buyers make advance payments through the Order button found on a Seller’s VM page or through Custom Offers.

– For transparent and comprehensive information on fees and payments, please refer to the Payment Terms.

– Sellers are obliged to fulfill their orders promptly and must not cancel orders on a regular basis or without just cause. Canceling orders affects Sellers’ reputation and status on the platform.

– Achieving different account statuses (Levels) is possible for Sellers based on their performance and reputation. Advanced levels offer Owners a range of benefits, such as providing services at higher prices through VM Extras or selling VMs in multiples.

– In the interest of security and quality assurance, we require users to conduct all payments through ViralMaxi.com, refraining from any alternative payment methods.

– When purchasing a VM, Buyers are granted all rights to the delivered work, unless otherwise specified by the Seller on their VM page. It is important to note that certain VMs may

involve additional payments (through VM Extras) for a Commercial Use License. For more details, kindly refer to our “Ownership” and “Commercial Use License” sections below.

– We, at ViralMaxi, reserve the right to utilize all published delivered works and Logo Designs for marketing and promotional purposes.

– Safeguarding your privacy is our utmost priority. For detailed insights into our privacy practices, you can find our Privacy Policy here.

– Users are obliged to adhere to ViralMaxi’s Community Standards, a set of behavior rules and guidelines designed to foster a harmonious and respectful community environment, in addition to these Terms of Service, which may be updated periodically to ensure compliance.

– As part of our commitment to offering a seamless user experience, we provide the Logo Maker, which enables select Sellers to offer a diverse range of original logo designs for Buyers to customize according to their specific needs, using advanced automated design tools. Through the Logo Maker, Buyers gain full commercial use rights to the Logo Design, uniquely tailored to embed their brand name.

Thank you for choosing ViralMaxi. We look forward to serving you on our platform and assisting you in achieving your goals. Should you have any further questions or require assistance, our Customer Support team is always available to help.

SELLERS

Welcome to ViralMaxi! As a valued Seller, you play a crucial role in offering your skills and services to our vibrant community. Here are some important guidelines and features for Sellers on our platform:

Basics

– Sellers create VMs (ViralMaxi services) to showcase their offerings and allow Buyers to purchase their services.

– In addition to VMs, Sellers have the flexibility to present Custom Offers tailored to the specific requirements of Buyers.

– For each successfully completed VM and order, Sellers receive 80% of the purchase amount as revenue.

– ViralMaxi credits Sellers upon order completion. Refer to our “Orders” section below for details on completed orders.

– For comprehensive information about receiving payments, fees, and taxes, please review our Payment Terms.

– Sellers are not allowed to promote their VMs or any ViralMaxi content using the Google Ads platform.

– The Seller’s rating is determined by order reviews from Buyers or ViralMaxi Pro Account Team Members (for ViralMaxi Pro). High ratings enable Sellers to achieve advanced Seller levels (see Levels below). Extremely low ratings may result in account suspension.

– To ensure security, ViralMaxi may temporarily disable a Seller’s ability to withdraw revenue in cases of suspected fraudulent or illicit activity, improper behavior reported by other users, or association of multiple ViralMaxi accounts with a single withdrawal provider.

– Sellers are responsible for obtaining a general liability insurance policy to cover all risks associated with their service performance.

VMs® (ViralMaxi services)

– Sellers are permitted to post a limited number of active VMs based on their Level status:

– 7 VMs for Sellers without a Level status.

– 10 VMs for Level 1 Sellers.

– 20 VMs for Level 2 Sellers.

– 30 VMs for Top Rated Sellers.

– VMs created on ViralMaxi are considered User Generated Content.

– ViralMaxi may remove VMs and/or users from the Site for violations of our Terms of Service and/or Community Standards. Such violations include (but are not limited to):

– Illegal or Fraudulent services

– Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy (refer to the link provided)

– Adult-oriented services, Pornographic, Inappropriate/Obscene content

– Intentional copies of VMs

– Spam, nonsense, or violent or deceptive VMs

– VMs misleading to Buyers or others

– Reselling of regulated goods

– Offering to prepare academic works on behalf of Buyers

– Low-quality services or deliveries

– Promoting ViralMaxi and/or ViralMaxi VMs through prohibited activities, including those that negatively impact our relationships with users or partners.

– VMs removed for violations may lead to the suspension of the Seller’s account and are not eligible for restoration or editing.

– VMs may be removed from our listings due to poor performance and/or user misconduct.

– VMs may include pre-approved website URLs within the VM description and requirements box. However, VMs containing websites promoting content that violates ViralMaxi’s Terms of Service and/or Community Standards will be removed.

– All VMs must have appropriate images related to the service offered. Sellers can upload up to two additional VM images. Sellers are expected to deliver services of the same quality as shown in their VM images. Recurring deliveries that do not match the displayed quality may lead to the Seller’s account losing Seller status or being permanently disabled.

– Sellers may include approved VM Videos uploaded through the VM management tools on ViralMaxi.

– Statements on the VM Page that undermine or circumvent our Terms of Service are strictly prohibited.

– Eligible VMs in select Categories may set up VM Packages to offer services with structured formats and multiple price points.

– Certain categories are exclusively available to Pro Freelancers for creating VMs. Non-Pro Freelancers creating VMs for Pro-only services may result in VM removal.

VM® Extras

– VM Extras are additional services offered by Sellers on top of their VM for an extra price set by the Sellers.

– VM Extras may be removed for violations of our Terms of Service and/or Community Standards. For specific terms, refer to the VMs section above for a list of services that violate our Terms of Service. VMs are subject to removal due to violations found in VM Extras.

– The number of VM Extras offered and their respective prices depend on the Seller’s Level. Details on account eligibility for VM Extras can be found here.

– Services offered through VM Extras must be related to the base service and form part of the deliverables on the Order.

– VM Extras may cover different categories of services that enhance the overall quality of the delivered service.

– Sellers can extend the duration of an Order for each VM Extra added to the Order, to accommodate the time needed for the extra service.

Levels

– We value and support our Sellers’ growth and success. At ViralMaxi, Sellers can achieve different account Levels based on their activity, performance, and reputation.

– Advancement in Levels is updated periodically through an automated system.

– The current Levels a Seller can attain are Level 1, Level 2, and Top Rated.

– High-performing Sellers who consistently deliver quality services on time and maintain positive ratings may enjoy various benefits, including higher pricing options through VM Extras and selling multiple VMs.

Thank you for being an essential part of ViralMaxi’s dynamic marketplace. We are here to assist you on your journey to success. If you have any questions or need assistance, our dedicated Customer Support team is available to help you 24/7. Happy selling!

ViralMaxi’s Top-Rated Sellers

At ViralMaxi, we take great pride in recognizing and celebrating excellence. Our Top Rated Sellers are carefully selected by our team of editors through a meticulous review process that considers various criteria. These criteria include the Seller’s seniority, the volume of sales, outstanding ratings, exceptional customer care, high order completion rate, and demonstrated community leadership. Additionally, some categories may have specific eligibility criteria, such as mandatory tests or verification steps. Top Rated Sellers gain access to exclusive benefits, including early access to beta features and VIP support. We constantly evaluate the Top Rated eligibility to ensure the highest quality standards are maintained. ViralMaxi reserves the right to change a Seller’s Top Rated status based on continuous evaluation. Sellers who experience a significant decline in ratings, fail to deliver on time, increase cancellation rates, or violate our Terms of Service and/or Community Standards may risk losing their Top Rated status and its associated benefits.

Pro Freelancers at ViralMaxi

Our Pro Freelancers are a handpicked team of top-notch professionals who have been meticulously vetted by ViralMaxi. We welcome everyone to apply for Viralmaxi Pro, regardless of whether they are new or existing Freelancers. The Pro Freelancers’ eligibility is continuously evaluated to uphold the highest quality standards. ViralMaxi retains the right to change a Pro Freelancer’s status based on ongoing evaluation. Pro Freelancers who experience a significant decline in ratings, fail to deliver on time, increase cancellation rates, or violate our Terms of Service may risk losing their Pro status and the exclusive benefits that come with it.

ViralMaxi Pro – Curated Freelance Talent

ViralMaxi Pro is an all-inclusive solution designed to cater to the needs of businesses by providing access to curated freelance talent. Only Pro Freelancers are featured in the ViralMaxi Pro catalog. For more detailed information, please refer to the ViralMaxi Pro Terms of Service.

Exclusive Seller Features

As a Seller on ViralMaxi, you have access to several exclusive features that allow you to customize the way you offer your services:

1. Custom Offer: You can send Custom Offers tailored to address specific requirements of Buyers. Custom Offers include the exact service description, price, and expected delivery time. These offers are sent from the conversation page. Services provided through Custom Offers must comply with ViralMaxi’s Terms of Service and Community Standards.

2. Project Milestones: For VMs and Custom Offers above $100, you may include up to six project milestones, each with a minimum amount of $50. The project should have at least two milestones. Each milestone is paid and delivered separately as per the VM or Custom Offer’s description and timelines. Buyers have the flexibility to continue with the Order and pay for the next milestone or stop the Order after each milestone delivery. If the Buyer does not pay for the next milestone within 10 days of accepting the previous one, the next milestone will not start automatically.

3. VM Subscription: You can offer Buyers a fixed-term subscription for a specific VM, known as the “VM Subscription.” During the VM Subscription term, you will deliver one Order of the same VM on a recurring basis, as agreed upon with the Buyer. Buyers can cancel future Orders under the VM Subscription before payment is made for such future Orders, and ViralMaxi’s Order Cancellation policy under the Payments Terms will apply.

4. Stock Media: Eligible VMs have the option to use Stock Media. Sellers earn 20% of the fees charged for standard license Stock Media directly. If Buyers opt for an enhanced license after the purchase, Sellers will not receive additional revenue share. Please note that selected Stock Media is authorized for one-time use and is integrated with the delivered work only. Sellers are not authorized to share the original image file with the Buyer or any third party. Stock Media is governed by special license terms set forth by Shutterstock.

5. Shipping Physical Deliverables: For VMs that involve physical deliverables (e.g., arts and crafts, collectible items), Sellers may define a shipping pricing factor. Shipping costs added to a VM cover the expense of shipping physical items to Buyers. Buyers who purchase VMs requiring physical delivery will be asked to provide a shipping address. Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address. Please note that ViralMaxi does not handle or guarantee shipping, tracking, quality, or condition of items or their delivery.

We are committed to providing our Sellers with excellent features and support to enhance their experience on ViralMaxi. If you need any assistance, our customer support department is available to help.

BUYERS

Basics

1. Do not make direct payments to Sellers outside of the ViralMaxi platform.

2. ViralMaxi retains the right to use all publicly published delivered works for marketing and promotional purposes.

3. When using the Post a Request feature, ensure that the requested services are allowed on ViralMaxi and only use it for finding services on the platform.

Purchasing

1. Refer to the Payment Terms for making payments through the ViralMaxi platform and understanding fees and taxes.

2. Buyers can request a Custom Order to meet specific requirements and receive a Custom Offer from Sellers through the site.

3. Payments to Sellers must be made exclusively through the ViralMaxi.com site. Report any requests for alternative payment methods to Customer Support.

ORDERS

Basics

1. After payment confirmation, your order will be created and assigned a unique ViralMaxi order number (#FO).

2. Sellers must use the “Deliver Work” button on the Order page to provide completed files and/or proof of work based on the purchased VM’s service.

3. Misusing the “Deliver Work” button to bypass Order guidelines may lead to order cancellation, affect the Seller’s rating, and result in a warning.

Handling Orders

1. Sellers are required to meet the delivery time specified in their VMs. Failure to do so may allow Buyers to cancel late orders, potentially affecting the Seller’s status.

2. Sellers must use the “Deliver Completed Work” button on the Order page to mark the Order as Delivered.

3. Buyers are responsible for scanning transferred files for viruses and malware, as ViralMaxi will not be held liable for any damages resulting from site usage or file transfers.

4. If delivered materials do not match the Seller’s VM description or initial requirements, Buyers can use the “Request Revisions” feature on the Order Page.

Reviews

1. Buyer reviews are an essential part of ViralMaxi’s rating system. Reviews will only be removed if they violate the platform’s Terms of Service and/or Community Standards.

2. Misusing the review system, arranging purchases to artificially boost Seller ratings, or abusing the platform may lead to a permanent suspension of related accounts.

3. Sellers are prohibited from withholding services or information to gain favorable reviews or additional services. Removing feedback reviews through mutual cancellations is not allowed.

4. Reviews become public after both Seller and Buyer have completed their reviews or after the applicable review period has passed.

5. Work Samples are added to a Seller’s Live Portfolio on their VM page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Work Samples are the delivered images and videos sent to a Buyer in a delivery message.

6. Reviews are not available for orders made through the Logo Maker.

Disputes and Cancellations

1. Buyers and Sellers are encouraged to resolve conflicts amongst themselves. If unsuccessful, contact ViralMaxi’s Customer Support for assistance.

2. For information on disputes, order cancellations, and refunds, refer to the Payment Terms.

ViralMaxi Logo Maker

ViralMaxi Logo Maker allows selected Sellers to offer original logo designs (each, a “Logo Design”) for Buyers to customize using special automated design tools. Buyers purchase a full commercial use license (as further detailed below) for the Logo Design embedded with their brand name.

Sellers for ViralMaxi Logo Maker are chosen manually by ViralMaxi editors based on design quality, seniority, volume of sales, high ratings, exceptional customer care, and high order completion rate. Automated systems may analyze Sellers’ uploaded Logo Designs to detect and prevent infringement or other illegal content, and limit the number of active Logo Designs each Seller can offer.

By uploading a Logo Design to ViralMaxi Logo Maker, Sellers represent and warrant that it is their original work, they exclusively own all rights to the design, and it does not infringe any third-party rights. Sellers also warrant that the design has never been sold before and will not be offered for sale outside of ViralMaxi Logo Maker.

Editing Tool Commercial Use License

Buyers can purchase a package that includes the Logo Maker’s editing tool to create one or more Logo Design variations. ViralMaxi grants Buyers a remunerable, non-exclusive, non-transferable, non-sublicensable, and personalized right to access the Logo Maker’s editing tool solely for editing the Logo Design.

Please note that reselling the Logo Design and/or variations is forbidden and may result in account restrictions. ViralMaxi reserves the right to provide generally available updates to the editing tool and may terminate the service at its discretion.

Logo Design Commercial Use License

Upon order completion through the Logo Maker and subject to payment, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any lawful purpose, except for any illegal, immoral, or defamatory purpose. This license comes with no warranty, express or implied, including fitness for a particular purpose. Neither the Seller nor ViralMaxi will be liable for any claims or damages arising from this license, the Logo Design, or the Buyer’s use of the Logo Design. The Seller retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer.

User Conduct and Protection

ViralMaxi facilitates the creation, sharing, selling, and purchasing of a wide range of services at an unbeatable value, reflecting the diversity of an expanding VM economy. To maintain a friendly, community-oriented, and professional environment, ViralMaxi expects users to adhere to certain conduct guidelines while interacting with each other on the platform. If you encounter any violations of the Terms of Service, Community Standards, or experience user misconduct, please report it to our Customer Support team.

Basics

– Do not exchange personal contact details like email addresses, Skype/IM usernames, or phone numbers to communicate outside of ViralMaxi and bypass the messaging system.

– Any necessary exchange of personal information to continue a service should be done within the Order Page.

– ViralMaxi does not guarantee the level of service offered by Sellers. In case of issues, use the dispute resolution tools available on the Order Page.

– Users who interact outside of the ViralMaxi platform are not protected by ViralMaxi’s policies.

– All information and file exchanges should occur exclusively on ViralMaxi’s platform.

– Avoid using rude, abusive, or violent language in communications. Such behavior may result in an account warning or account suspension/removal.

– Discrimination based on gender, race, age, religion, sexual orientation, or any other factor is not permitted and may lead to account suspension/removal.

– Users are prohibited from submitting proposals or soliciting parties introduced through ViralMaxi for off-platform contracts, engagement, or payments.

Orders

– Ordering from competing services with the intention to defame Sellers will result in the removal of reviews or further actions by our Trust & Safety team.

– Do not spam or solicit previous Buyers or Sellers to modify reviews or cancel orders that do not align with Order Cancellation or Feedback policies.

VMs

– Users can report VMs that may violate ViralMaxi’s Terms of Service due to replicated similarity to pre-existing services (copycat VMs).

– Sellers must ensure that the content in their VMs is original and does not infringe any third-party rights, including copyrights, trademarks, or service marks. If including music or stock-footage media, Sellers should hold valid licenses.

Intellectual Property Claims

– ViralMaxi responds to clear and complete notices of alleged copyright or trademark infringement and violations of third-party terms of service. More information about Intellectual Property claims can be reviewed here.

Fraud, Unlawful Use, and Abuse

– ViralMaxi prohibits the use of the platform for unlawful purposes or to conduct illegal activities.

– Users are limited to one active ViralMaxi account and one active ViralMaxi Pro account to prevent fraud and abuse. Creating multiple accounts to mislead or abuse the ViralMaxi community may result in permanent suspension of all related accounts.

Proprietary Restrictions

– The Site and its components, including its mobile applications, are exclusively owned by ViralMaxi and protected by copyright, trademark, and other intellectual property laws.

– Users are not allowed to copy, modify, distribute, reverse engineer, or interfere with the Site in any unauthorized manner. Any unauthorized actions may lead to legal consequences.

Except for the limited right to use the Site according to these Terms of Service, ViralMaxi owns all rights and interests in the Site and its content. Users are not permitted to take actions inconsistent with ViralMaxi’s ownership interests in the platform. We reserve all rights in connection with the Site and its content.

Feedback Rights:

If you provide ViralMaxi with any feedback, comments, or suggestions regarding the ViralMaxi platform, the Site, or any other ViralMaxi products or services (collectively, the “Feedback”), you are deemed to grant ViralMaxi an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. ViralMaxi is not obligated to implement any Feedback received from users.

Confidentiality:

Sellers must recognize that Buyers might need to share certain confidential information for the purpose of completing ordered work and protect such information from unauthorized use and disclosure. Sellers agree to treat any information received from Buyers as highly sensitive and confidential. They must maintain strict confidentiality, not disclose the information to third parties, use it solely for delivering the ordered work, and not copy or reproduce the information without the Buyer’s permission.

General Terms:

ViralMaxi reserves the right to put any account on hold or permanently disable accounts for violating the Terms of Service and/or Community Standards, including low-quality services, illegal use of the platform, or inappropriate behavior.

Account disability may result from violating ViralMaxi’s Terms of Service and/or Community Standards.

Disabled accounts cannot be used for buying or selling on ViralMaxi.

Users with disabled accounts can contact Customer Support for more information regarding the violation and account status.

Users can enable account security features to protect against unauthorized usage.

Verification of account ownership may be required through Customer Support by providing relevant materials.

User-Generated Content:

User-Generated Content (UGC) refers to content added by users, and ViralMaxi does not check such content for appropriateness or violations of rights. Users uploading or creating content on ViralMaxi must own or have obtained all necessary rights, licenses, and permissions for using and uploading the content. Users are solely responsible for their content and its consequences.

ViralMaxi may use user-generated content for marketing purposes without compensation.

Ownership:

When purchasing a VM, unless stated otherwise, the Buyer is granted all intellectual property rights, including copyright, in the delivered work, and the Seller waives any moral rights. The Seller assigns the copyright in the delivered work to the Buyer upon delivery and subject to payment.

Commercial Use Licenses may be required for certain uses, and the Seller retains ownership rights unless explicitly stated otherwise.

Disclaimer of Warranties:

Use of the Site and its content is at your own risk. The Site, content, and services are provided “as is” and “as available,” without any warranties of any kind. ViralMaxi makes no warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Site.

Machine Translation:

User-generated content may be translated for convenience, but automated translations are not perfect and do not replace human translators. No warranty is made regarding the accuracy or correctness of translations. The official text is the English version of the Site.

Limitation on Liability:

ViralMaxi, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any damages, including personal injury, loss of revenue, loss of profits, or data, arising from the use or inability to use the Site or its content, even if foreseeable.

This limitation does not affect any liability that cannot be excluded or limited under applicable law.