Terms of Service - Viralsound

Terms of Service


1. Introduction

These are the Terms of Service governing the use of this Service and the agreement that operates between you and Viralsound. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. These Terms of Service 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 of Service. If you disagree with any part of these Terms of Service then you may not access the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Service. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Website.

2. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms of Service:
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Artist refers to a user who fund and create promotional campaings for their TikTok sounds.
  • Creator refers to a user who makes TikTok videos and has atleast 5k followers on the TikTok platform.
  • Country refers to: Sweden.
  • Company (referred to as either “Viralsound”, “we”, “us” or “our” in this Agreement) refers to Cornibus AB, Scheelevägen 15, 223 63 Lund, Sweden.
  • Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
  • Service refers to the Website.
  • Terms of Service (also referred as “Terms”) means these Terms of Service that form the entire agreement between you and the Company regarding the use of the Service.
  • Video Verification Payment refers to when a Creator's TikTok video is being verified for using the accepted sound as audio in the TikTok video.
  • Website refers to Viralsound, accessible from https://viralsound.com.
  • User means any user of Viralsound, whether a Creator or a Artist or both (also referred to as \"you\" or \"your\").

3. Who we are and how to contact us

Viralsound is operated by Cornibus AB. We are a private company registered in Sweden, with company registration number 559056-1469 and we have our registered office address at Scheelevägen 15, 223 70 Lund, Sweden. Our VAT number is SE559056146901.

To contact us with any questions about Viralsound, please email us at contact@viralsound.com. If you are unable to contact us by email, please write to us at the following address: Cornibus AB, Scheelevägen 15, 223 70 Lund, Sweden.

No relationship to any creator platform. Viralsound is not affiliated with or part of any creator platform such as TikTok. We are an independent Service that makes it easy for Artists to promote their music via Creators on the TikTok platform. 

Important points regarding connecting to TikTok. Although we are independent from TikTok, you may use the Service in connection with TikTok. If you do so, please note the following:
  1. Viralsound does not make any warranties or representations on behalf of TikTok and expressly disclaims all implied warranties with respect to the TikTok Platform, TikTok Service and TikTok Content, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  2. you are prohibited from using the Service to modify or create derivative works based on the TikTok Platform, TikTok Service or TikTok Content;
  3. you are prohibited from using the Service to decompile, reverse-engineer, disassemble, and otherwise reduce the TikTok Platform, TikTok Service, and TikTok Content to source code or other human-perceivable form, to the full extent allowed by law;
  4. We are responsible for the Service and disclaim any liability for the Services on the part of TikTok;
  5. We are not responsible for TikTok, and we encourage you to consult TikTok’s legal disclosures or to contact TikTok directly if you have questions specifically about TikTok;
  6. TikTok is an intended third-party beneficiary of these Terms (including our Privacy Policy) and you agree that TikTok may directly enforce these Terms against you where they have a legal interest in doing so.

4. Purchases and payments

You may fund campaigns as an Artist or receive payments as a Creator through the Service. You do so subject to the terms and policies contained in these Terms of Service.
a. Third-party payment provider. Payment is made by direct debit from your credit card number or other option that our payment provider offers. We use Stripe to process your payments, which alone keeps your bank details for this purpose. Viralsound does not keep any bank details. You warrant to Viralsound that you have the necessary authorizations to use the chosen payment method.

b. What do I as an Artist pay for? You pay for your music/sounds being used as audio in TikTok videos. It all happens through a campaign that you create which consists of your selected sound being showcased to Creators across our platform. We don’t guarantee that your sound will be accepted and promoted by any of our Creators; it's up to them to decide if they like it and think it goes well with their visual content. If your sound doesn't get accepted by any of our Creators, you'll be refunded the full amount that you paid for the campaign (minus $2 USD which is the the administration fee for starting the campaign).

c. Prices. Please see our Estimation Calculator inside the campaign tool for more details on pricing.

d. What are the fees that we charge Creators for the use of Viralsound? We charge a fee to you of twenty per cent (20%) for Video Verification Payments made to you (exclusive of any VAT element of the Video Verification Payment) (called Our Fee). The remaining eighty per cent (80%) of the Video Verification Payment (exclusive of any VAT element of the Video Verification Payment) is payable to you (called \"Creator Earnings\"). Our Fee includes the costs of providing, maintaining and operating Viralsound. Our Fee is deducted from the Video Verification Payment, and Creator Earnings are paid to you in the way described in the Payments to Creators section below.

e. Payments to Creators
  1. All Video Verification Payments will be received by a third-party payment provider approved by us, which is Stripe.
  2. As a Creator you will need to connect your bank account to Stripe in order to be able to receive the payouts from Viralsound, follow the steps in your account to connect to Stripe.
  3. Our Fee will be deducted from the Video Verification Payment received and your Creator Earnings will be held by our third-party payment provider on your behalf until next payout.
  4. Creator Earnings will appear in your account balance and will be transferred for payout to your bank account once a week. Viralsound may from time to time and at its own discretion add or remove additional ways in which you can earn money. Money earned in this way will have the same conditions applicable as Creator Earnings from promoting soundtracks in your TikTok videos. Viralsound reserves the right to add additional conditions on Creator Earnings in the aforementioned ways.
  5. You must have at least the minimum payout amount of $2 in your Viralsound account to receive the payout transfer to your connected Stripe account.
  6. You agree to pay all charges that may be incurred by you or on your behalf through the Service or our authorized payment vendor, at the price(s) in effect when such charges are incurred, including without limitation all processing charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
  7. To ensure proper and timely payments, you are responsible for providing any maintaining accurate contact and payment information in your account. We reserve the right to withhold payments if we suspect a breach of these Terms of Service, misuse of the Service, illegal conduct, or some other violation of the law or Viralsound policy (a “Violation”). If we determine a violation has occurred, all or part of your balance may be forfeit.

f. Refunds for Artists
  1. You'll receive a full refund (minus $2 administration fee) if your sound doesn't get accepted by any of our Creators during the campaign.
  2. If you decide to cancel an active campaign we'll complete the current campaign stage and refund the unspent balance if there is any. It can take up to 5 days before you see any refund in your Viralsound account.
  3. Refunded money can be refunded to the debit card they was paid with, or re-used to pay for new campaigns.
  4. Refund abuse impacts our ability to provide a reliable service. If your account is flagged for abuse of our refund policy we may disable your account after the refund and refuse any further service.

5. Other terms which will apply to your use of Viralsound as a Creator

  • Video Removal and Reward Policy: If we notice that you have deleted a TikTok video for which you’ve been rewarded before it has been publicly available in your TikTok feed for at least 6 weeks, we reserve the right to deduct the Video Verification Payment amount from your Creator Earnings or from the earnings of future videos published.
  • Publication Requirement: In such cases, you will be expected to either republish the video or publish a new video of equivalent quality and relevance.
  • Follow-Up and Billing: If you do not republish the original video or publish a new video within a reasonable time after removal, Viralsound reserves the right to issue an invoice for the amount previously paid out as a reward for the removed video. We will contact you to inform you of any required actions and provide an opportunity to meet the conditions before invoicing occurs.
  • If your Viralsound account is inactive for a six-month period (i.e you have not signed into your Viralsound account nor any other activity related to your Viralsound account), then we may deem your Viralsound account inactive. If your Viralsound account is inactive after a twelve-month period, your Creator Earnings may be charged an inactive fee. Viralsound may, but has no obligation to give you prior notice of the imposition of any inactive fee.
  • Sponsored Content Disclosure: Creators participating in music promotion campaigns facilitated by Viralsound on TikTok are required to disclose any sponsored content in accordance with TikTok's guidelines and applicable laws and regulations. This includes but is not limited to videos featuring music tracks promoted through Viralsound campaigns. Creators must clearly disclose the sponsored nature of content by using appropriate hashtags such as #musicad or #sponsored in the video caption, adding a "paid partnership" label provided by TikTok. It is the responsibility of the creator to ensure compliance with TikTok's guidelines and any additional disclosure requirements outlined herein. Failure to disclose sponsored content may result in consequences outlined in Viralsound's policies. Viralsound reserves the right to update these disclosure requirements as necessary to align with changes in TikTok's guidelines or applicable laws and regulations. Creators will be notified of any updates to ensure continued compliance.
  • Use of User Data for Promotional Purposes: By using Viralsound's services, you acknowledge and agree that Viralsound reserves the right to use your TikTok username and profile images in promotional emails. This includes but is not limited to featuring your TikTok username and profile images in marketing materials aimed at promoting Viralsound's services and music promotion campaigns. We may use this information to showcase examples of creators participating in our campaigns and to highlight the success stories of our community. Your consent to this use of your TikTok username and profile images is granted upon acceptance of these Terms of Service.
  • Participation of Minors and Parental Involvement: We at Viralsound are committed to creating a safe and responsible environment for all users, including minors. To ensure this, and in accordance with Swedish legislation and TikTok's guidelines, we require that minor influencers participating in music marketing campaigns on TikTok have parental involvement and supervision.
    If an influencer participating in our music marketing campaigns is a minor under Swedish law, a parent or guardian must be involved and provide consent for participation. This includes monitoring marketing activities on TikTok and potentially handling financial transactions or legal matters related to the campaign.
    By participating in our music marketing campaigns on TikTok, you acknowledge that you are aware of and agree to this requirement for parental involvement and supervision for minor influencers.
  • Rights for Campaign Initiators to Download and Share Content: By participating in Viralsound's marketing campaigns, you grant Viralsound and other users of the platform the right to use, reproduce, distribute, and publicly display any content created as a result of these campaigns for promotional purposes. This includes the ability for users, including artists and creators, to download and share said content on social media platforms, with the TikTok watermark containing the creator's TikTok username intact. By accepting these terms, you acknowledge and agree that any content you create through Viralsound's campaigns may be shared in accordance with these provisions by both Viralsound and other platform users.

6. Other terms which will apply to your use of Viralsound as an Artist

  • Campaigns will stay active for 5 more days after the campaign is out of budget, this is so you can get statistics on the latest videos made during your campaign.
  • Once a campaign is completed there will be no view with graph and up-to-date statistics for that particular campaign, instead we generate an campaign report which is accessible for you in the Campaigns page when you are logged in to your Viralsound account.

7. Termination

How do I delete my account? If you want to delete your Viralsound account then you may do so in the \"Account Settings\" section of your Viralsound account.
Once you initiate the \"delete account\" process your account will remain open until any activity you're currently in is completed, following which you will receive your final payment and your account will be deleted.  You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted you will no longer be entitled to access your Viralsound account. There is no technical facility on Viralsound for you to be able to access your account following termination of your account

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Service will cease immediately.

8. Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Viralsound.

Viralsound has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Viralsound 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

9. Limitation of liability

Notwithstanding any damages that you might incur, the entire liability of Viralsound and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall Viralsound or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Viralsound or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

10. “AS IS” and “AS AVAILABLE” disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Viralsound, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Viralsound provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Viralsound nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Viralsound are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

11. Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

12. Disputes resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Viralsound.

13. For European Union (EU) users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

14. United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

15. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

16. Changes to these Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time with or without prior notice. You are advised to review this Terms of Service periodically for any changes. Changes to this Terms of Service are effective when they are posted on this page.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

17. Contact us

If you have any questions or concerns about this Terms of Service, please contact us at contact@viralsound.com.
Last updated: Jun, 19 2024