1. Introduction

2. Interpretation

• 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

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

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.
• By using Viralsound’s campaign tool, you as an Artist or Record Label grant us the full rights to display your name, logo, image, and any associated media or statistics on our website, including in sections such as "Trusted by," as well as in promotional materials. This is done without any liability or risk of legal action against Viralsound. You acknowledge and agree that this usage is solely for the purpose of showcasing the platform's effectiveness and promoting the services we offer.

7. Termination

8. Links to other websites

9. Limitation of liability

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

11. Governing law

12. Disputes resolution

13. For European Union (EU) users

14. United States Legal Compliance

15. Severability and Waiver

16. Changes to these Terms of Service

17. Contact us