Log InSign Up

Terms of Use of the ViralPlace Platform

(hereinafter: the "Terms")

§ 1. General Provisions

These Terms define the conditions for the provision of the ViralPlace service. ViralPlace enables Creators to produce Works commissioned by ViralPlace, for remuneration specified in the Order.

The data controller is: ViralPlace Spółka z ograniczoną odpowiedzialnością, with its registered office in Gdańsk (80-890) at ul. Jana Heweliusza 11/811, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number 0001242118, holding NIP 5833569399, REGON: 54480465100000, with share capital of PLN 5,000.00 fully paid up (hereinafter the "Administrator").

The Administrator operates a project called ViralPlace (hereinafter: the "Platform", "ViralPlace", "Service Provider", "Service").

These Terms constitute the sole legal basis for cooperation between ViralPlace and Creators, unless the Administrator decides otherwise in writing. Acceptance of the Terms is equivalent to entering into an agreement.

Definitions

§ 2. Technical Requirements for Using the Platform

In order to use the Service, the User should have:

The Administrator collects information contained in Cookies, which are text files containing the identifier of the Device used by the User.

The User decides whether to use Cookies. Internet browsers often have the option to install these files on the User's end device enabled by default, and the User may change these settings at any time.

The Administrator informs that disabling the use of Cookies by the User may affect the functionalities available on the Service.

Detailed information regarding Cookies is contained in the privacy and cookies policy available at: https://viralplace.io/privacy-policy, which forms an integral part of these Terms.

§ 3. Platform Accounts and the Creator's Right to Remuneration

  1. A Creator account is required to use the Platform. Registration and the submission of data required in the registration form are voluntary but necessary to use the Platform.

  2. Creator accounts may have different levels, depending on the Creator's tenure on the Platform, the number of completed Orders, or other criteria set by ViralPlace.

  3. ViralPlace may commission the Creator to produce Works in the form of Orders placed electronically.

  4. An Order constitutes a commission for the production of a Work placed with the Creator exclusively by ViralPlace and specifies in particular the scope of work, the deadline, and the amount of remuneration.

  5. Acceptance of an Order by the Creator is equivalent to a commitment to fulfil it in accordance with the provisions of the Terms.

  6. Instructions submitted by Platform Users constitute solely the basis for ViralPlace to place an Order and do not create a legal relationship between the Creator and Platform Users.

  7. The Creator is entitled to remuneration for the production of a Work in the amount specified in the Order.

  8. ViralPlace is the sole entity obligated to pay the Creator's remuneration.

  9. The Creator's remuneration is not dependent on ViralPlace's relationship with Platform Users, including complaints, refunds, withdrawals, or other events concerning Platform Users.

  10. Remuneration is paid monthly, in arrears, for all Works produced by the Creator and accepted by ViralPlace in a given month, no later than the 15th day of the following month, unless the Order provides otherwise.

  11. The Creator's remuneration is paid by bank transfer or via an online payment service indicated by ViralPlace, on the basis of a correctly issued VAT invoice by the Creator, with a 14-day payment term.

  12. The date of payment of remuneration is the day on which ViralPlace's bank account is debited.

  13. The use of online payment services requires acceptance of the relevant operator's terms and conditions.

  14. ViralPlace may at its sole discretion provide the Creator with statistical information concerning the use of the Work, though such information does not constitute the basis for any claims by the Creator.

  15. Any additional remuneration for the Creator, beyond monetary remuneration, may take the form of a physical item or digital content, of which ViralPlace will inform the Creator without delay.

  16. Where the Creator does not conduct business activity, settlements are made in accordance with applicable tax law.

§ 4. Licence

  1. The licence is granted on the basis of the Terms and the Order and does not require the conclusion of a separate agreement.

  2. Upon delivery of the Work, the Creator grants ViralPlace an assignable licence to the Work produced pursuant to the Order, which is in principle non-exclusive, unless the Order or a separate agreement between the Parties provides otherwise; with respect to the paid media exploitation field, the Creator consents to ViralPlace granting an exclusive sublicence in accordance with § 4(7).

  3. Unless the Order provides otherwise, the licence is granted for a period of 5 years from the date the Work is published on the Platform, without territorial restrictions.

  4. The licence is irrevocable. The Creator may not revoke the licence during its term. ViralPlace may only be called upon to revoke the licence in the event of a material breach by ViralPlace of the provisions of the Terms or the Order, where the breach has not been remedied within 14 days of a written notice from the Creator.

  5. ViralPlace is entitled to unilaterally extend the licence after the expiry of the period referred to in paragraph 3, without the need to obtain a separate consent from the Creator. By accepting these Terms, the Creator irrevocably consents in advance to such extension. The Creator's remuneration for each month of licence extension for a given Work may not exceed 1/3 (one third) of the remuneration paid to the Creator for the production and initial grant of the licence for that Work. If the Work was produced as part of a package, the remuneration per Work for the purposes of this paragraph shall be calculated as the total package price divided by the number of Works included in it.

  6. The licence includes the right to use the Work and the right to grant sublicences to third parties authorised by ViralPlace.

  7. With respect to the exploitation field specified in paragraph 8(j) of this section — i.e. use of the Work in paid advertising campaigns via Meta Ads, Google Ads, and TikTok for Business — the Creator irrevocably consents to ViralPlace granting an exclusive sublicence within the meaning of the Act of 4 February 1994 on Copyright and Related Rights. The exclusivity of the sublicence means that within the indicated exploitation field, ViralPlace may not grant the same right to another entity during the term of the sublicence. The consent referred to in this paragraph is irrevocable for the entire duration of the licence as specified in paragraph 3.

  8. The licence covers the use of the Work in the following exploitation fields:

    a) fixation and reproduction of the Work, including uploading to computer memory and servers;

    b) public making available of the Work in such a manner that anyone may access it at a time and place of their choosing;

    c) distribution of the Work in IT networks and on internet services;

    d) incorporation of the Work into multimedia or collective works;

    e) placing the Work into circulation, including sale, rental, lease, paid or unpaid sharing;

    f) use of the Work in commercial, marketing, advertising, and promotional activities;

    g) public performance, exhibition, display, playback, broadcasting, and retransmission;

    h) creating adaptations, arrangements, remixes, modifications, including digital processing, and using the results of such adaptations;

    i) registration of the Work as a trademark, industrial design, utility model, or other subject of industrial property;

    j) placing the Work on company accounts on the Internet and in social media, in particular such as TikTok, Instagram, Facebook, and using the Work in paid advertising campaigns, including via Meta Ads and Google Ads systems, for commercial and promotional purposes.

  9. The licence also covers all subsequent versions of the Work and all its modifications.

  10. The Creator consents to changes, additions, adaptations, and modifications being made to the Work.

  11. The Creator consents to ViralPlace using the Work without attribution and undertakes not to exercise moral rights to the extent necessary for ViralPlace to use the Work, within the limits permitted by law.

  12. The Creator has no claims against third parties using the Work on the basis of a sublicence granted by ViralPlace.

  13. All claims related to the Work shall be directed against ViralPlace, without prejudice to ViralPlace's right to seek recourse claims against the Creator.

  14. In the event of claims being brought against ViralPlace in connection with the Work, the Creator undertakes to cooperate with ViralPlace to the extent necessary to defend against such claims.

  15. If the Creator becomes aware of the Work being used by a sublicensee in breach of the scope of the sublicence, the Creator is required to direct all notifications and claims directly against the infringing sublicensee. ViralPlace is not a party to such claims and is not liable for the sublicensee's exceeding the scope of the sublicence.

  16. Upon expiry of the licence, ViralPlace is entitled to store the Work solely for archival purposes.

  17. If the Creator's image has been captured in the Work, the Creator consents to its dissemination on the terms set out in the Terms and the Order.

  18. Notwithstanding the other provisions of the Terms, the Creator grants ViralPlace a non-exclusive licence to use the Work for ViralPlace's promotional, marketing, and presentation purposes, in particular as part of portfolios, case studies, sales materials, presentations, and marketing communications, for a period of 5 years from the date of delivery of the Work.

§ 5. Rules of Operation on the Platform

  1. The Platform consists of specific functionalities. A description of the functionalities can be found at https://viralplace.io.

  2. A change of functionalities constitutes an amendment to the Terms where the Terms or the Order so provide.

  3. The Creator undertakes to use the Platform and its functionalities in accordance with applicable law and the provisions of the Terms. ViralPlace's liability for the User's breach of the above provision is excluded. In the event of using the Platform in a manner contrary to law or good practice, ViralPlace is entitled to cancel the Order, suspend the Creator's account, or delete the Creator's account.

  4. The Creator declares that they hold all copyright and related rights to the Works provided and that the Works do not infringe the rights of third parties. In the event of claims being brought by third parties, the Creator undertakes to indemnify ViralPlace and cover all damages incurred by ViralPlace in this regard.

  5. Where Creators do not conduct business activity, settlements are made in accordance with applicable tax law, without affecting the legal nature of the cooperation as defined in the Terms.

§ 6. Acceptance of the Work

  1. The completed Work is subject to acceptance via the Platform by ViralPlace in accordance with the Order, and the completed Work may be revised up to three times if necessary in accordance with the Order, subject to refusal of acceptance.

  2. In the event of unjustified refusal to accept the Work, it is deemed that acceptance has taken place and the Creator retains the right to remuneration.

  3. The Creator is entitled to remuneration for creating the Work and granting a licence thereto to ViralPlace in the amount specified in the Order placed via the Platform. ViralPlace undertakes to pay the Creator's remuneration in the amount specified in the Order.

  4. The Creator's remuneration referred to in § 6(3) is paid via the Platform, in accordance with the rules set out in § 3.

  5. Where the Creator conducts business activity, the warranty is excluded pursuant to Art. 558 § 1 of the Civil Code.

  6. Payment of remuneration is made only after all formal requirements have been met, in particular after delivery of a correctly issued VAT invoice. ViralPlace reserves the right to deduct an amount corresponding to the value of justified complaints or claims submitted against the Creator in connection with the production of the Work.

§ 7. Rights and Obligations of the Creator

  1. The Creator uses information published on the Platform at their own risk.

  2. The Creator is prohibited from posting content that:

    • is unlawful;
    • is abusive or defamatory, contains threats, or is obscene or indecent;
    • is false or misleading;
    • infringes the rights of third parties;
    • constitutes spam;
    • contains links and advertisements for competing services;
    • contains viruses or other technologies harmful to the Platform or other Creators.

  3. The Creator or any person with knowledge of rights infringements may report them by sending a message to sales@viralplace.io, indicating the type of infringement and the entity responsible.

  4. The Creator using the Platform undertakes to respect the economic copyright and rights arising from the registration of inventions, patents, trademarks, utility models, and industrial designs of the Platform and third parties.

  5. The Creator may not copy, modify, or distribute content, photographs, logos, or works without the prior consent of the rightsholder. The Platform is not liable for the aforementioned actions of the User that were not detected without undue delay after being made available on the Platform.

  6. Infringements of the rules by the Creator may be reported by sending an email to: sales@viralplace.io.

  7. Within the Platform, any action by the Creator that would flagrantly breach the provisions of the Terms or applicable law is prohibited.

  8. The Creator is liable for claims by third parties arising from infringement of copyright or personal rights related to the Work.

§ 8. Rights and Obligations of the Administrator

  1. The Administrator takes care of the proper functioning of the Service.

  2. The Administrator is not liable for:

    • any misleading content made available by the Creator;
    • actions of unauthorised third parties to whom the Creator has granted access to their email address and other data provided when setting up the Creator Account or placing an Order;
    • any damage caused by the Platform ceasing to provide services or ceasing to provide services electronically, where this occurred due to the Creator's fault or due to a breach of law or the Terms;
    • interruptions caused by technical changes to the Platform, or work aimed at improving or modifying the Platform;
    • hacking attacks involving circumventing security measures of at least a standard level;
    • lack of continuity of services offered on the Service caused by the actions or omissions of third parties, including those providing telecommunications services to the Platform (hosting providers, etc.);
    • natural disasters resulting in the Platform ceasing to provide services, and other force majeure events such as war;
    • loss or destruction of data collected and stored on the Platform caused by integration with third parties to whom the Creator made data available while using the Platform, or by hacking attacks as referred to above;
    • lost financial benefits arising independently of the Platform;
    • any damage caused in connection with the Creator's use of materials available on the Platform.

  3. The Administrator is not liable for unlawful actions of the Creator if it is not aware of the facts and circumstances of such actions.

  4. Upon obtaining unequivocal information about unlawful conduct on the Platform by the Creator, the Administrator is entitled to demand that such conduct cease without undue delay.

  5. If the Creator fails to comply with the demand referred to in paragraph 4, the Administrator may block the Creator's use of the Service for a period of 30 days, with the possibility of extending this for further periods.

  6. The Administrator is liable for damages caused by the improper operation of the Platform or its functionalities up to the total amount of remuneration for the preceding 2 months.

§ 9. Termination of Services Provided by the Platform

  1. A Creator who merely browses content made available on the Service does not need to terminate the service agreement or the electronic services agreement in any way.

  2. The Platform may immediately suspend the electronic services agreement with a Creator who has entered into cooperation with the Platform, in the event that:

    • the Creator posts unlawful content, in breach of mandatory provisions of law, including copyright regulations;
    • the Creator engages in sending unsolicited commercial information;
    • the Creator flagrantly or persistently breaches the provisions of the Terms or takes actions contrary to the purposes and intended use of the Platform;
    • the Creator insults Platform employees, using or not using words commonly considered vulgar;
    • the Creator breaches other provisions of the Terms.

  3. Data relating to Orders processed via the Platform will be stored for the period required by generally applicable law.

§ 10. General Provisions on Personal Data

By completing the Order via the Platform and ticking the checkbox, the Creator accepts the Terms and consents to the collection and processing of their personal data in accordance with the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) by the service provider, to the extent necessary to perform the provisions of these Terms and the services provided thereunder.

For detailed matters concerning the processing of personal data, the Platform refers to the Privacy and Cookies Policy available at: https://viralplace.io/pl/privacy-policy

§ 11. Complaints

  1. The provisions of this section apply exclusively to complaints concerning the functioning of the Platform, and not the quality of Works.

  2. All complaints should be submitted to the email address: sales@viralplace.io

  3. In the complaint, the Creator should include:

    • User data enabling contact;
    • the type of malfunction of the Platform or other circumstance inconsistent with the Terms or generally applicable law;
    • the circumstances justifying the complaint;
    • the desired remedy for the alleged infringement, if any.

  4. The Platform will process complaint submissions within 14 days of the complaint being filed, indicating whether it upholds the complaint and how it intends to address it, or informing of the absence of grounds for upholding the complaint together with a justification of its position.

  5. One possible way to resolve a complaint may be, in particular, a refund of remuneration for the given Work or part thereof.

  6. The response to the complaint is sent to the email address provided by the User.

  7. In the event of a complaint being upheld, the Platform promptly takes such steps as it deems appropriate within the limits of generally applicable law, in order to fulfil the content of the complaint.

  8. Failure to receive a response from the Platform to a complaint submitted by the Creator within 14 days is equivalent to the complaint being upheld.

§ 12. Final Provisions