Terms of Service

1. Acceptance of these Terms

By creating an account, accepting an invitation, submitting an application, connecting a social account, participating in a campaign, funding a service, receiving earnings, or otherwise using ViralPay, you agree to these Terms and our Privacy Policy.

If you use ViralPay for a company or organization, you represent that you have authority to bind that entity to these Terms.

2. The ViralPay service

ViralPay provides technology for digital advertising, creator and Influencer campaigns, Marketer and Publisher opportunities, sales-lead generation and conversion workflows, research and feedback, reporting, attribution, fraud controls, funding, invoicing, wallets, earnings and related platform services.

Specific products, prices, commission structures, eligibility rules, validation rules and campaign requirements are displayed in the relevant ViralPay portal, campaign, rate card, agreement, quote or order and form part of the applicable transaction.

3. Accounts, roles and eligibility

ViralPay supports different account roles, which may include Advertisers, Advertising Agencies, Marketers, Publishers, Influencers, BPO or sales-conversion users and Administrators. Features and permissions differ by role.

• You must provide accurate, current and complete information.
• You are responsible for safeguarding your credentials and activity performed through your account.
• You must not create, sell, transfer, rent or share accounts in a manner that bypasses ViralPay security or approval controls.
• Some roles, transactions or capabilities require approval, verification, invitation, funding readiness or additional documentation before activation.

4. Influencer social-account connections

An Influencer may choose to connect supported social accounts through the relevant platform’s native authorization process. You may connect only an account, page or channel that you own or are authorized to manage.

• ViralPay does not require your social-media password.
• You authorize ViralPay only for the permissions you approve on the third-party platform.
• A connected account may be used to establish campaign eligibility, verify delivery and synchronize permitted audience or performance metrics.
• You may disconnect a social connection, subject to retention of completed campaign, accounting, audit, fraud-prevention or legal records.
• Third-party platforms may change, suspend or withdraw APIs or permissions at any time. ViralPay is not responsible for a third-party platform’s independent availability or policies.

5. Campaigns, opportunities and deliverables

Campaign participants must comply with the campaign brief, eligibility criteria, channel requirements, deadlines, disclosure requirements, content standards and evidence-of-performance requirements shown in ViralPay.

ViralPay may reject, withhold validation of, or require correction of activity that does not satisfy the applicable campaign rules, including invalid traffic, insufficient engagement, duplicate attribution, missing proof, prohibited content or fraud/integrity concerns.

6. Advertising, clicks, leads and sales

Advertising and sales activity is subject to ViralPay’s validation, attribution and anti-fraud systems. A view, click, lead, conversion or sale is not automatically billable or payable merely because it is recorded.

Billability and earnings may depend on campaign-specific viewing thresholds, uniqueness rules, first-valid attribution, bot/fraud checks, duplicate-contact controls, advertiser confirmation, conversion status or other criteria disclosed in the applicable workflow.

Users must not manufacture clicks, views, leads, survey responses, conversions or sales, use bots or click farms, submit fake contacts, recycle the same prospect to obtain duplicate credit, or interfere with attribution.

7. Research and feedback

Research participants must submit genuine responses and comply with questionnaire, consent, location and quality requirements. Where field activity requires location verification, the participant must not falsify or manipulate location evidence.

Advertisers or research clients must ensure that questions and research instructions are lawful and appropriate and must not intentionally request unlawful, discriminatory or unnecessarily intrusive personal data.

8. Funding, wallets, invoices and payments

Where ViralPay provides wallet, credit, invoice, commission or payout functionality:

• amounts displayed as pending, reserved, under review or unverified are not necessarily available for withdrawal;
• payment, funding and withdrawal instructions may be subject to verification, reconciliation, fraud review, limits and legal requirements;
• fees, prices, commissions and revenue shares are those displayed or agreed for the applicable transaction;
• you are responsible for taxes or statutory obligations applicable to amounts you receive, unless the law requires ViralPay to deduct or account for them;
• ViralPay may correct duplicate, reversed, fraudulent or demonstrably erroneous entries using an auditable adjustment or reversal process.

9. Prohibited conduct

You must not:

• use ViralPay for unlawful, fraudulent, deceptive, abusive or discriminatory activity;
• impersonate another person or organization or misrepresent authority over a social, advertiser or business account;
• generate artificial traffic, engagement, leads, reviews, survey responses or conversions;
• upload malware, attempt unauthorized access, bypass security controls, probe vulnerabilities without authorization, or interfere with platform availability;
• scrape, harvest or export personal data except through a permitted ViralPay function and for an authorized purpose;
• infringe intellectual-property, privacy, publicity or other rights;
• use confidential advertiser, participant or prospect information outside the purpose for which it was supplied.

10. Content and intellectual property

You retain ownership of content you lawfully own. By submitting content or campaign materials to ViralPay, you grant ViralPay a non-exclusive, worldwide, royalty-free licence for the period reasonably necessary to host, reproduce, process, display, transmit, analyze and report that content for operating the relevant service, campaign, compliance process or record.

Advertisers and users are responsible for ensuring they hold the rights, licences and consents required for the content, trademarks, customer data and campaign materials they provide.

ViralPay software, designs, trademarks, databases, reports, platform workflows and proprietary technology remain owned by ViralPay or its licensors unless expressly stated otherwise.

11. Privacy and confidentiality

Our handling of personal data is described in the Privacy Policy. Users who receive personal data or confidential campaign information through ViralPay must use it only for the authorized purpose and protect it against unauthorized access or disclosure.

12. Suspension and termination

ViralPay may restrict, suspend or terminate access where reasonably necessary to investigate or address fraud, security threats, unlawful activity, material breach of these Terms, non-payment, misuse of data, platform manipulation, regulatory requirements or risk to other users.

Where appropriate, ViralPay may preserve records needed for settlement, audit, dispute resolution, fraud prevention or legal compliance after account closure.

13. Third-party services

ViralPay may integrate with social networks, payment providers, email services, analytics, hosting or other third-party systems. Those services are governed by their own terms and privacy practices. ViralPay does not control their independent systems, outages, account decisions or policy changes.

14. Service availability and disclaimers

We aim to provide a reliable and secure service, but ViralPay may experience maintenance, third-party outages, internet failures, API changes or events outside our reasonable control. To the maximum extent permitted by applicable law, ViralPay does not guarantee uninterrupted availability or that every campaign, lead, sale, opportunity or marketing activity will produce a particular commercial result.

15. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded. Subject to that limitation, ViralPay will not be liable for indirect, incidental, special or consequential loss, loss of anticipated profits, or loss caused solely by a third-party platform where such exclusion is permitted by law.

Any contractual cap or transaction-specific allocation of risk agreed in a signed enterprise, advertiser, agency or service agreement will apply to that relationship.

16. Indemnity

To the extent permitted by law, you agree to be responsible for losses, claims or costs arising from your unlawful use of ViralPay, infringement of third-party rights, fraudulent activity, unauthorized data use, or material breach of these Terms.

17. Changes to the service or Terms

We may update ViralPay and these Terms to reflect new products, regulatory requirements, security needs or third-party integrations. Material changes will be communicated through the website, platform or email where appropriate. Continued use after the effective date of revised Terms constitutes acceptance where permitted by law.

18. Governing law and disputes

These Terms are governed by the laws of Kenya. Before commencing formal proceedings, the parties should first attempt in good faith to resolve a dispute through ViralPay support or the applicable commercial escalation process. Subject to any mandatory law or agreed arbitration clause, disputes may be submitted to the courts of competent jurisdiction in Kenya.

19. Contact

Questions about these Terms may be sent to viralpay@viralpay.co.ke.