Last updated: January 1, 2025
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ViralCap AI, a free AI-powered tool for generating social media captions (“we,” “us” or “our”), concerning your access to and use of the https://viralcap.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Certain features or services of the Site may be subject to additional terms, conditions, or guidelines (collectively, “Supplemental Terms”), which may be posted on the Site from time to time or otherwise made available to you. All such Supplemental Terms are hereby incorporated by reference into these Terms and Conditions. In the event of a conflict between these Terms and Conditions and the Supplemental Terms, the Supplemental Terms shall control with respect to the subject matter of such Supplemental Terms.
The Site is intended for users who are at least 18 years old. By accessing or using the Site, you represent and warrant that you meet the foregoing eligibility requirements. You also agree to comply with all applicable laws and regulations when using the Site.
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for maintaining the confidentiality of your account information. You agree not to share your account credentials or to allow anyone else to use your account. We reserve the right to suspend or terminate your account if we suspect any unauthorized use or violation of these Terms and Conditions.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree not to engage in any of the following prohibited activities:
We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibited activities, including without limitation, removing offending content from the Site, suspending or terminating the offender's account, and reporting the offender to law enforcement authorities.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except that: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; and (3) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The ViralCap AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ViralCap AI or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
The Site may allow you to post, upload, or otherwise contribute content to the Site, including but not limited to captions generated by our AI tool, comments, or other materials (collectively, “User Contributions”). You represent and warrant that: (1) you own or control all rights in and to your User Contributions; (2) your User Contributions do not violate the rights of any third party, including intellectual property rights; and (3) your User Contributions do not otherwise violate any applicable law.
By submitting User Contributions to the Site, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media. You also grant other users of the Site a non-exclusive license to access your User Contributions and to use, reproduce, distribute, and display such User Contributions in connection with their use of the Site.
You acknowledge and agree that we are not responsible for any User Contributions posted by you or other users, and we do not endorse any User Contributions. We reserve the right, but are not obligated, to monitor, edit, or remove any User Contributions at any time and for any reason without notice.
We respect your privacy and are committed to protecting your personal information. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using the Site, you consent to the practices described in our Privacy Policy.
As a free AI tool for generating social media captions in 2025, we collect certain data to improve our services, such as usage analytics and generated caption data. We do not sell your personal data to third parties. However, we may share anonymized data for research purposes. If you are located in the European Economic Area, United Kingdom, or California, you may have additional rights under the General Data Protection Regulation (GDPR) or California Consumer Privacy Act (CCPA), including the right to access, correct, or delete your personal information. To exercise these rights, please contact us using the information provided in the Contact Information section below.
We implement reasonable security measures to protect your data, but no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security.
ViralCap AI provides a free AI-powered tool for generating creative and engaging social media captions. The tool uses advanced artificial intelligence algorithms to suggest captions based on user inputs. While we strive to provide accurate and useful captions, the generated content is for informational and entertainment purposes only and is not guaranteed to be error-free or suitable for all contexts.
We reserve the right to modify, suspend, or discontinue any aspect of the Site or our services at any time without notice. We do not warrant that the Site or services will be uninterrupted, error-free, or free of viruses or other harmful components.
ViralCap AI is a free service, and no payments are required to access or use the basic features. However, we may introduce premium features or upgrades in the future, which could involve fees. Any such payments will be subject to separate terms, and we will provide clear pricing information at that time. All payments will be processed securely through third-party providers, and you agree to pay all fees in accordance with the applicable payment terms.
The Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or availability of such third-party sites or services. Links to third-party sites do not constitute an endorsement or sponsorship by us of such sites or services. You access such sites at your own risk and should review their terms and privacy policies.
TO THE FULLEST EXTENT PERMITTED BY LAW, VIRALCAP AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY UNAUTHORIZED ACCESS TO, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (IV) ANY ERRORS, DEFECTS, OR OMISSIONS IN THE SITE OR SERVICES.
IN NO EVENT SHALL VIRALCAP AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree to defend, indemnify, and hold harmless ViralCap AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including but not limited to your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Site will immediately cease, and we may delete your account and any related information.
You may terminate your account at any time by contacting us. Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may update these Terms and Conditions from time to time in our sole discretion. If we do so, we will notify you by posting the updated Terms and Conditions on the Site and updating the “Last updated” date at the top of these Terms and Conditions. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms and Conditions or the Site shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you hereby consent to the personal jurisdiction and venue of such courts.
We prefer to resolve disputes amicably. If a dispute arises, you agree to first contact us to attempt to resolve the matter informally. If we cannot resolve the dispute within 30 days, any legal action must be initiated within one year after the claim arose, or it will be forever barred.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic, or communications failure or degradation.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms and Conditions shall remain in effect.
No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
We may assign any of our rights and obligations under these Terms and Conditions without restriction. You may not assign any of your rights or obligations under these Terms and Conditions without our prior written consent.
These Terms and Conditions constitute the entire agreement between you and ViralCap AI regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Questions about the Terms and Conditions should be sent to us at support@viralcap.ai.