Terms and Conditions

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the ViralThumb website and services (the "Service") operated by XTRATEGIKA 360 SRL ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Age Requirement

You must be at least 18 years old to use our Service. By using ViralThumb, you represent and warrant that you are 18 years of age or older. We do not permit those under 18 to use the Service.

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

2. Account Registration

2.1 Account Creation

To access certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

2.2 Account Security

You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Service Description

ViralThumb provides an AI-powered platform for creating YouTube thumbnails and other social media graphics. Our Service includes:

• AI-generated thumbnail creation from text prompts
• Photo integration and face placement
• Customization tools for colors, text, and composition
• Multiple format support (16:9, 9:16, 1:1)
• Download capabilities for generated images
• Storage of user-generated content

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service:

• In compliance with all applicable laws and regulations
• For creating thumbnails and graphics for your own content
• In a manner that does not infringe third-party rights
• Responsibly and ethically

4.2 Prohibited Use

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Upload images of people without their consent
• Create content that is defamatory, obscene, offensive, or hateful
• Violate any intellectual property rights
• Upload malware, viruses, or harmful code
• Attempt to reverse engineer or compromise the Service
• Use automated systems (bots, scrapers) without permission
• Resell or redistribute generated thumbnails as a service to third parties
• Create deepfakes or misleading content intended to deceive
• Generate content depicting illegal activities
• Harass, abuse, or harm another person
• Impersonate any person or entity

5. Subscriptions and Payments

5.1 Pricing

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (monthly, yearly, or as otherwise specified).

5.2 Billing Cycle

At the end of each billing cycle, your subscription will automatically renew unless you cancel it or XTRATEGIKA 360 SRL cancels it. We will charge the payment method you provided upon purchase.

5.3 Payment Methods

We accept payments via PayPal, credit cards, and other payment methods displayed on our platform. You agree to provide current, complete, and accurate purchase and account information.

5.4 Free Trial

We may offer a free trial for new users. At the end of the free trial period, you will be charged the applicable subscription fee unless you cancel before the trial ends.

5.5 Refunds

Except when required by law, paid subscription fees are non-refundable. We do not provide refunds or credits for partial months of service.

5.6 Price Changes

XTRATEGIKA 360 SRL reserves the right to modify subscription fees. We will provide reasonable prior notice of any price changes. Your continued use of the Service after the price change constitutes your agreement to pay the modified amount.

6. Intellectual Property Rights

6.1 Our Content

The Service and its original content, features, and functionality are and will remain the exclusive property of XTRATEGIKA 360 SRL and its licensors. The Service is protected by copyright, trademark, and other laws.

6.2 Your Content

You retain all rights to the content you upload to the Service (photos, text prompts, etc.). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for the purpose of:

• Providing the Service to you
• Improving our AI models and algorithms
• Creating promotional materials (with your explicit consent)

6.3 Generated Content

You own the thumbnails and graphics generated by our Service. However, AI-generated content may have limitations on commercial use depending on applicable laws. You are responsible for ensuring your use of generated content complies with all applicable laws.

6.4 Trademarks

"ViralThumb" and associated logos are trademarks of XTRATEGIKA 360 SRL. You may not use these trademarks without our prior written permission.

7. User Content and Conduct

7.1 Content Responsibility

You are solely responsible for all content you upload, create, or share through the Service. We do not pre-screen user content but reserve the right to remove or refuse any content that violates these Terms.

7.2 Content Monitoring

We reserve the right (but have no obligation) to monitor, review, or remove user content at our sole discretion, including content we deem:

• Violates these Terms
• Infringes intellectual property rights
• Contains harmful or offensive material
• Violates applicable laws

7.3 Reporting Violations

If you believe content on our platform violates your rights or these Terms, please contact us at hello@viralthumb.app with details of the violation.

8. Affiliate Program

Our affiliate program is subject to separate terms and conditions. By participating in the affiliate program, you agree to:

• Promote ViralThumb honestly and accurately
• Not engage in spam or unethical marketing practices
• Comply with all applicable advertising regulations
• Disclose your affiliate relationship when required by law

We reserve the right to terminate your affiliate account and withhold commissions if you violate program terms.

9. Third-Party Services and Links

Our Service may contain links to third-party websites or services that are not owned or controlled by XTRATEGIKA 360 SRL. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that XTRATEGIKA 360 SRL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

10. Service Availability and Modifications

10.1 Service Availability

We strive to provide uninterrupted service but do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical issues
• Updates and improvements
• Factors beyond our control

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at hello@viralthumb.app or through your account settings. Upon termination, your right to use the Service will cease immediately.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Engage in fraudulent activity
• Violate applicable laws
• Request account deletion
• Engage in harmful conduct toward other users

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• Your content may be deleted from our servers
• You will not be entitled to a refund of any fees paid
• Outstanding obligations (payments, etc.) remain in effect

12. Disclaimers and Limitations of Liability

12.1 "AS IS" and "AS AVAILABLE"

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. XTRATEGIKA 360 SRL makes no warranties, expressed or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• That the Service will be uninterrupted or error-free
• That defects will be corrected
• That the Service is free of viruses or harmful components
• The accuracy or reliability of any content

12.2 AI-Generated Content Disclaimer

AI-generated content may contain errors, inaccuracies, or unexpected results. We do not guarantee:

• The quality of generated thumbnails
• That generated content will meet your expectations
• That generated content is free from defects or errors
• That AI results will be consistent or reproducible

12.3 Limitation of Liability

To the maximum extent permitted by law, XTRATEGIKA 360 SRL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or data
• Loss of business opportunity
• Service interruptions
• Cost of substitute services

Our total liability shall not exceed the amount actually paid by you through the Service in the 12 months preceding the claim, or $100 USD if you haven't purchased anything, whichever is greater.

12.4 No Professional Advice

The Service does not provide professional design, marketing, or legal advice. Any content or recommendations provided through the Service are for informational purposes only.

13. Indemnification

You agree to defend, indemnify, and hold harmless XTRATEGIKA 360 SRL, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any content you upload or create through the Service
• Any harm caused to other users

14. Dispute Resolution

14.1 Informal Resolution

If you have any concerns or disputes about the Service, please contact us first at hello@viralthumb.app. We will attempt to resolve the dispute informally.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Dominican Republic, without regard to its conflict of law provisions.

14.3 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Santo Domingo, Dominican Republic.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

We will notify you of changes by:

• Posting a notice on our website
• Sending an email to your registered address
• Displaying a notification in your account

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you must stop using the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and XTRATEGIKA 360 SRL regarding the Service and supersede all prior agreements.

16.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and XTRATEGIKA 360 SRL.

16.6 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or network failures.

17. Contact Information

If you have any questions about these Terms, please contact us:

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.

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XTRATEGIKA 360 SRL | Santo Domingo, Dominican Republic
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