Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and VWS (Viral Web SEM) ("VWS," "we," "us," or "our") regarding your use of our website (viralwebsem.com) and services.

By accessing, browsing, or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

VWS provides web development, search engine optimization (SEO), digital marketing, and related services including:

• Web Development: Custom website design and development
• SEO Services: Search engine optimization and content optimization
• Digital Marketing: Online marketing strategies and implementation
• Analytics: Website performance tracking and reporting
• AI Tools: Headline generator, content optimization tools
• Consulting: Digital strategy and business consulting

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

3. Eligibility

To use our services, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable law
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations

We reserve the right to refuse service to anyone for any reason at our sole discretion.

4. User Accounts

4.1 Account Creation

Some services may require you to create an account. You agree to:

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

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our services for legitimate business purposes in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use automated systems to scrape or collect data
• Impersonate others or provide false information
• Distribute malware, viruses, or harmful code
• Engage in spamming or unsolicited communications
• Use our services for competitive intelligence or benchmarking

6. Services and Payment Terms

6.1 Service Agreements

Specific services are governed by separate service agreements or statements of work that incorporate these Terms by reference.

6.2 Pricing and Payment

• Fees: Service fees are as quoted in your agreement
• Payment Terms: Payment is due according to the agreed schedule
• Late Fees: Late payments may incur additional charges
• Currency: All fees are in US Dollars unless otherwise specified
• Taxes: You are responsible for applicable taxes

6.3 Refunds and Cancellations

Refund and cancellation policies are specified in individual service agreements. Generally:

• Custom development work is non-refundable once started
• Monthly services may be cancelled with 30 days notice
• Refunds are considered on a case-by-case basis

7. Intellectual Property Rights

7.1 Our Intellectual Property

VWS retains all rights to:

• Our website design, code, and functionality
• Our proprietary tools and methodologies
• Our trademarks, logos, and branding
• Our content, unless specifically transferred to you

7.2 Client Intellectual Property

For custom development projects:

• You retain rights to your content and branding
• Custom code and designs are typically transferred upon full payment
• Specific ownership terms are detailed in service agreements
• We may retain rights to reusable components and methodologies

7.3 License Grants

You grant us a limited license to use your content and branding as necessary to provide services.

8. User Content

You retain ownership of content you provide to us. However, you grant VWS:

• A license to use, modify, and display your content as needed for services
• Rights to create derivative works for optimization purposes
• Permission to showcase your project (unless confidentiality is agreed)

You represent and warrant that:

• You own or have rights to all content you provide
• Your content does not violate any third-party rights
• Your content complies with applicable laws

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy.

For clients in the EU or California, additional privacy rights may apply under GDPR and CCPA respectively.

10. Disclaimers and Warranties

10.1 Service Warranties

We warrant that:

• Services will be performed with reasonable care and skill
• We have the right to provide the services
• We will comply with applicable laws

10.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We specifically disclaim:

• Results Guarantees: We cannot guarantee specific SEO rankings or marketing results
• Third-party Services: We are not responsible for third-party tools or platforms
• Uninterrupted Service: Services may experience downtime or interruptions
• Error-Free Operation: Software and websites may contain bugs or errors

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Damages Limitation

VWS's total liability for any claims shall not exceed the amount paid by you for services in the 12 months preceding the claim.

11.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunities
• Data loss or corruption
• Business interruption
• Third-party claims or actions

11.3 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or willful misconduct
• Violations of intellectual property rights
• Other damages that cannot be limited by law

12. Indemnification

You agree to indemnify and hold VWS harmless from claims arising from:

• Your use of our services
• Your violation of these Terms
• Your content or materials
• Your violation of third-party rights
• Your negligent or wrongful acts

13. Termination

13.1 Termination by You

You may terminate services according to your service agreement terms, typically with 30 days written notice.

13.2 Termination by Us

We may terminate services immediately if:

• You breach these Terms
• You fail to pay fees when due
• You engage in prohibited activities
• We determine termination is necessary for legal or business reasons

13.3 Effects of Termination

Upon termination:

• Your access to services will cease
• Outstanding fees remain due
• We will provide reasonable transition assistance
• Confidentiality obligations survive

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

14.2 Dispute Resolution

Before initiating legal proceedings, parties agree to:

1. Direct Negotiation: Attempt to resolve disputes through good faith negotiations
2. Mediation: If negotiation fails, participate in mediation
3. Jurisdiction: Legal proceedings shall be in courts of competent jurisdiction in [Your Location]

15. Changes to Terms

We may update these Terms from time to time. When we do:

• We will post the updated Terms on our website
• We will update the "Last Updated" date
• For material changes, we will provide additional notice
• Continued use of services constitutes acceptance of updated Terms

If you do not agree to updated Terms, you must stop using our services.

16. Contact Information

For questions about these Terms of Service:

• Email: legal@viralwebsem.com
• General Inquiries: support@viralwebsem.com
• Business Address: [Your business address]