Terms of Service

By accessing and using Vioify's website and services, you accept and agree to be bound by the terms and provisions of this Terms of Service (“Agreement”).

If you do not agree to abide by the above, please do not use this service.

2.1 Grant of License

Vioify grants you a limited, non-exclusive, non-transferable license to:

• Access and use our website for lawful purposes
• View and download content for personal, non-commercial use
• Use our services as described in any applicable service agreement

2.2 Restrictions

You may not:

• Modify, copy, or create derivative works based on our content or services
• Reverse engineer, decompile, or disassemble our services
• Remove or alter any proprietary notices or labels
• Attempt to gain unauthorized access to our systems
• Use our service to harm, harass, or defame others
• Violate any applicable laws or regulations
• Interfere with the functioning of our website or services

• “Brand / Client”: A business that uses Vioify to source creators for user-generated content campaigns.
• “Creator / Influencer”: An individual who creates social media content and participates in brand campaigns through Vioify.
• “Campaign”: A specific project involving one or more creators creating content for a brand, as outlined in a Campaign Agreement.
• “User”: Anyone who accesses or uses Vioify's website or services.
• “Service”: All of Vioify's offerings, including creator sourcing, campaign management, payment processing, and reporting.

5.1 Vioify's IP

All content on Vioify's website (text, graphics, logos, images, software) is the exclusive property of Vioify or its content suppliers and is protected by applicable copyright laws. You may not reproduce, distribute, transmit, create derivative works, or remove copyright notices without permission.

5.2 Creator Content

Creators retain ownership of their original content. Brands receive limited usage rights as specified in the Campaign Agreement.

5.3 Brand Trademark Usage

Creators are permitted to use a brand's name/logo only as specified in the campaign brief. Unauthorized trademark use is prohibited.

6.1 Account Security

You are responsible for maintaining confidentiality of your password, all activities that occur under your account, and notifying Vioify of unauthorized access immediately. Vioify is not responsible for unauthorized access to your account.

6.2 Account Termination

Vioify may terminate your account if you:

• Violate any provision of this Agreement
• Engage in fraudulent activity
• Misrepresent information
• Harass or defame others
• Post prohibited content
• Fail to perform agreed obligations

Termination is effective immediately upon notice.

6.3 Consequences of Termination

Upon termination: your access to Vioify services ends, unpaid balances remain due, pending campaigns may be cancelled, and creator content may be depublished.

7.1 Payment Processing

Payments are processed through Stripe (for brands) and PayPal, Stripe, or bank transfer (for creator payouts). All payment information is encrypted and secure. Vioify does not store full credit card details.

7.2 Fees & Charges

7.3 Disputes

Payment Disputes: Must be reported within 30 days of transaction. Vioify investigates and resolves disputes within 10 business days. Chargeback disputes may result in account suspension.

Campaign Disputes: Both parties must attempt resolution through Vioify. Escalation to arbitration if unresolved within 14 days.

7.4 Refund Policy

For Brands: No refunds for creator fees after campaign begins. Final 50% payment refunded only if performance guarantees are not met. Refunds processed within 10 business days.

For Creators: No refunds for accepted campaigns. Payment due upon satisfactory completion of work.

8.1 “As Is” Disclaimer

Vioify provides its services “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not warrant that services will be uninterrupted or error-free, results will meet your expectations, or that content will result in sales or conversions.

8.2 No Guarantee of Results

Vioify does not guarantee specific engagement rates, audience growth, sales or revenue generation, or viral performance. We guarantee only: creator posting as specified in brief, content approval before posting, and performance reporting after campaign.

8.3 Limitation of Liability

8.4 No Legal Advice

Vioify does not provide legal, tax, or financial advice. You are responsible for FTC compliance, platform terms compliance, tax reporting, and legal review of campaigns.

You agree to indemnify and hold harmless Vioify from:

• Claims arising from your violation of this Agreement
• Claims arising from your use of our services
• Claims from third parties regarding your content
• Copyright, patent, or trademark infringement claims
• Defamation, privacy, or publicity claims

This includes reasonable attorneys' fees and court costs.

10.1 Informal Resolution

If a dispute arises: contact Vioify at support@vioify.com with details. Vioify will respond within 5 business days and parties will negotiate in good faith for 14 days before escalating.

10.2 Arbitration

Any dispute shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), rather than in court.

Exceptions: Disputes involving $5,000 or less may be brought in small claims court. Injunctive relief for IP violations may be sought in court.

10.3 Governing Law

This Agreement is governed by the laws of Ontario, Canada, without regard to conflict of law principles.

10.4 Entire Agreement

This Agreement constitutes the entire agreement between you and Vioify and supersedes all prior agreements.

11.1 Your Representations

You represent and warrant that:

• You have authority to enter into this Agreement
• You are not a minor or legally incapacitated
• Information you provide is accurate and truthful
• Your use of our services is lawful
• You will comply with all applicable laws

11.2 Disclaimer of Warranties

12.1 Term

This Agreement begins when you accept it and continues until terminated.

12.2 Termination

Either party may terminate with 30 days written notice for brands (after current campaign), or immediate termination for cause (breach of Agreement).

12.3 Effects of Termination

• Your license to use our services ends
• Outstanding payments remain due
• No new campaigns can begin
• Existing campaigns continue to completion

Vioify may modify this Agreement at any time by posting the updated version, with 30 days notice of material changes. Continued use constitutes acceptance. We recommend reviewing this Agreement periodically for updates.

14. Severability

If any provision of this Agreement is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall remain in full force.

15. Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16. Assignment

You may not assign this Agreement without Vioify's written consent. Vioify may assign this Agreement to a successor or related entity.

17. Third-Party Beneficiaries

This Agreement is between you and Vioify only. No third party has rights under this Agreement.

18.1 How to Give Notice

18.2 How We Give Notice

We may provide notice via email to your registered email address, by posting on our website, by phone (if you provided a number), or by mail (if you provided an address).

19.1 Illegal Activities

• Violate any law or regulation
• Engage in fraud, scams, or deception
• Facilitate illegal activity

19.2 Harassment & Harm

• Harass, threaten, or defame others
• Stalk or cyberbully
• Violate privacy or intellectual property rights
• Incite violence or discrimination

19.3 Content Violations

• Post sexually explicit content
• Post hate speech or discriminatory content
• Post graphic violence
• Post child exploitation material
• Post misinformation or dangerous health claims

19.4 Technical Violations

• Attempt to hack or breach our systems
• Disrupt service with malware or viruses
• Scrape or spam our platform
• Reverse engineer our technology
• Create unauthorized automated tools

19.5 Competitive Violations

• Use Vioify to compete with Vioify
• Solicit creators to work directly, bypassing Vioify
• Poach our team members
• Share our proprietary information

20.1 Product Compliance

As a brand, you warrant that:

• Your product/service is legal and compliant
• You have all necessary licenses and permits
• Your product does not violate IP rights
• You will comply with all advertising regulations
• You will not ask creators to make false claims

20.2 Creator Selection Authority

Vioify reserves the right to reject any brand partnership application, decline to work with brands in certain industries, require changes to campaign briefs, recommend alternative creator strategies, and terminate partnerships that violate our standards.

21.1 Content Authenticity

As a creator, you guarantee:

• Content is your original work
• You actually used/experienced the product
• Your endorsement is authentic
• You are not misrepresenting the product
• You will disclose the partnership properly

21.2 Account Authenticity

You warrant:

• Your followers are authentic (not purchased)
• You have not engaged in fake engagement schemes
• Your account has not been hacked or compromised
• Your metrics are accurate and not artificially inflated

21.3 Non-Compete During Campaigns

During campaign periods, you agree not to:

• Post competing products
• Post negative content about the brand
• Publicly criticize the product
• Work with direct competitors

22.1 Email Communications

We may send campaign updates, payment confirmations, performance reports, policy updates, and marketing materials (if you opt-in).

22.2 Opt-Out

23. Survival

The following provisions survive termination:

• Payment obligations
• Intellectual property rights
• Indemnification
• Limitations of liability
• Dispute resolution
• Governing law

24. Contact Information

25. Effective Date

These Terms of Service are effective as of January 2025 and apply to all new and existing users.