Terms of Service

1. Agreement to Terms

Welcome to Qviral.ai. These Terms of Service ("Terms") govern your access to and use of our website (qviral.ai), mobile application (if applicable), and related AI-powered social media automation services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. About Qviral.ai

Qviral.ai is an AI-powered social media automation platform designed exclusively for restaurants in the United States. Our platform enables:

• Automated generation of images, videos, and captions using artificial intelligence
• Multi-platform publishing to Instagram, TikTok, Facebook, and LinkedIn
• Management of unlimited restaurant locations from a single dashboard
• Credit-based content generation system with flexible subscription plans
• Scheduled posting and content calendar management

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have a valid US phone number for SMS verification
• Operate or represent a restaurant or food service business in the United States
• Have the legal authority to enter into binding contracts on behalf of your business
• Provide accurate and complete registration information
• Not be prohibited from using the Services under applicable US law
• Not have been previously suspended or banned from our Services

By creating an account, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

4.1 Account Creation

To use our Services, you must create an account by:

• Providing a valid US phone number
• Completing SMS verification
• Selecting a subscription plan
• Providing valid payment information

You agree to provide accurate, current, and complete information during registration and to maintain and promptly update your account information.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account information.

4.3 SMS Messaging Terms

SMS Verification and Authentication:

When you register for an account or log in to Qviral.ai, you will receive one-time verification codes via SMS to your provided US phone number. By providing your phone number and clicking "Send Verification Code," you consent to receive transactional SMS messages from Qviral.ai.

Message Frequency: You will receive SMS messages only when you actively request a verification code, typically 1-2 messages per login session. These are not marketing messages.

Message and Data Rates May Apply: Standard messaging and data rates from your mobile carrier may apply to SMS messages you receive from us.

Opt-Out Instructions:

• Reply STOP to any SMS to opt out of SMS verification (note: this may prevent you from accessing your account)
• Reply HELP for support
• Contact info@qviral.ai to change your authentication method

SMS Service Provider: We use Twilio for secure SMS delivery. Message delivery is subject to your carrier's coverage and availability.

No Marketing: We do not send marketing, promotional, or advertising messages via SMS. All SMS messages are transactional and security-related only.

4.4 Account Termination

You may cancel your subscription and terminate your account at any time through your account settings. We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent, abusive, or illegal activities
• Provide false or misleading information
• Abuse our support staff or Services
• Use our Services for prohibited purposes

5. Subscription Plans and Billing

5.1 Subscription Tiers

Qviral.ai offers three subscription tiers:

• Starter: $49/month - 50 image credits, 10 video credits, unlimited locations
• Professional: $129/month - 200 image credits, 30 video credits, unlimited locations
• Business: $299/month - 500 image credits, 100 video credits, unlimited locations

All plans include unlimited restaurant locations. Credits are used to generate AI-powered content.

5.2 Booster Packs

Additional credits may be purchased as one-time booster packs:

• Image Boost: 50 credits for $20
• Video Boost: 10 credits for $30
• Super Pack: 100 images + 20 videos for $75

Booster packs do not expire and remain available until used.

5.3 Billing and Payment

By subscribing, you agree that:

• Subscriptions are billed monthly in advance on a recurring basis
• You authorize us to charge your payment method on file
• All payments are processed securely through our third-party payment processor
• Prices are subject to change with 30 days' notice
• You are responsible for all applicable taxes

5.4 Credit System

Credits function as follows:

• Monthly Credits: Refresh on your billing date and do not roll over
• Booster Credits: Never expire and carry over indefinitely
• Credit Usage: Each AI-generated image or video consumes one credit
• Failed Generations: No credit is charged if generation fails

5.5 Refund Policy

Refunds are generally not provided for subscription fees or booster packs, except:

• Service is unavailable for more than 72 consecutive hours due to our technical issues
• We fail to deliver the core features of your subscription plan
• Within 7 days of your first subscription payment if you have not used any credits
• As required by applicable law

To request a refund, contact us at info@qviral.ai with your order details.

5.6 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access until the end of your current billing period
• You will not be charged for subsequent months
• Unused monthly credits will expire at the end of your billing period
• Booster pack credits remain available if you reactivate within 12 months

6. AI Content Generation and Ownership

6.1 Content Generation

Our Services use artificial intelligence and machine learning to generate:

• Images: Photos, graphics, and visual content
• Videos: Short-form video content for social media
• Text: Captions, hashtags, and post descriptions

AI-generated content is created based on your input, preferences, and business information you provide.

6.2 Content Ownership

You retain ownership of:

• All original content you upload to our Services
• Business information, logos, and brand materials you provide

AI-generated content: Upon generation, you receive a perpetual, worldwide, royalty-free license to use AI-generated content for your business purposes. You may use, modify, publish, and distribute this content without restriction.

6.3 Content Quality and Accuracy

While we strive to provide high-quality AI-generated content:

• We do not guarantee that every generation meets your expectations
• AI may occasionally produce unexpected or imperfect results
• You are responsible for reviewing content before publishing
• We are not liable for any content that violates third-party rights or laws

6.4 User-Provided Content

By uploading content to our Services, you grant us a limited, non-exclusive, royalty-free license to:

• Store and process your content to provide our Services
• Use your content to train and improve our AI models (anonymized)
• Create derivative works necessary for content generation

We will not share your content publicly or with third parties for marketing purposes without your consent.

7. Social Media Integration

7.1 Account Connection

To use our posting features, you must connect your social media accounts (Instagram, TikTok, Facebook, LinkedIn). By connecting accounts, you authorize us to:

• Post content on your behalf according to your instructions
• Access basic profile information and analytics
• Manage posting schedules and content calendars

7.2 Third-Party Platform Policies

You acknowledge that:

• Social media platforms have their own Terms of Service and Community Guidelines
• You are responsible for ensuring your content complies with each platform's policies
• We are not responsible if platforms remove or restrict your content
• Platform API changes may affect our Services' functionality

7.3 Disconnection

You may disconnect social media accounts at any time. Disconnection will:

• Stop automated posting to disconnected platforms
• Revoke our access to those accounts
• Not affect previously posted content

8. Acceptable Use Policy

8.1 Prohibited Content

You may not use our Services to create or distribute content that:

• Violates any applicable laws or regulations
• Infringes on intellectual property or privacy rights
• Contains malware, viruses, or harmful code
• Is fraudulent, deceptive, or misleading
• Harasses, threatens, or discriminates against others
• Contains hate speech, violence, or explicit material
• Promotes illegal activities or dangerous behavior
• Impersonates others or misrepresents your identity

8.2 Prohibited Activities

You may not:

• Use our Services for any purpose other than restaurant marketing
• Share your account credentials with unauthorized users
• Attempt to reverse engineer, decompile, or hack our Services
• Use automated tools to scrape or extract data
• Interfere with or disrupt our Services or servers
• Bypass rate limits, usage restrictions, or security measures
• Resell or redistribute our Services without authorization
• Create fake accounts or provide false information

8.3 Enforcement

We reserve the right to:

• Remove content that violates these Terms
• Suspend or terminate accounts for policy violations
• Report illegal activities to law enforcement
• Take legal action against violators

9. Intellectual Property Rights

9.1 Our Property

All aspects of our Services, including but not limited to:

• Software, algorithms, and AI models
• Website design, user interface, and graphics
• Logos, trademarks, and brand materials
• Documentation and educational content

are owned by Qviral.ai or our licensors and protected by copyright, trademark, patent, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your business purposes, subject to these Terms. You may not:

• Copy, modify, or create derivative works of our Services
• Distribute, sell, lease, or sublicense our Services
• Remove copyright, trademark, or proprietary notices
• Use our trademarks without prior written permission

9.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution.

10. Third-Party Services

10.1 Service Providers

Our Services integrate with and rely on third-party services, including:

• Payment Processing: Third-party payment processors for billing
• SMS Verification: SMS service providers for account verification
• AI Services: Artificial intelligence and machine learning providers
• Cloud Infrastructure: Hosting and storage providers
• Social Media APIs: Instagram, TikTok, Facebook, LinkedIn APIs

10.2 Third-Party Terms

Your use of third-party services is subject to their respective terms, conditions, and privacy policies. We are not responsible for:

• Third-party service availability or performance
• Changes to third-party APIs or features
• Third-party data practices or security
• Disputes between you and third-party providers

11. Disclaimers and Limitations of Liability

11.1 "As Is" and "As Available" Basis

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, reliability, or completeness of AI-generated content
• Uninterrupted, secure, or error-free operation
• Results or outcomes from using our Services
• Compatibility with social media platforms or third-party services

11.2 Limitation of Liability

To the maximum extent permitted by law, Qviral.ai and its officers, directors, employees, contractors, and agents shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Cost of substitute services or technology
• AI-generated content that is inaccurate, offensive, or violates third-party rights
• Social media platform actions (content removal, account suspension, etc.)
• Unauthorized access to your account or data
• Service interruptions, delays, or technical failures

Our total aggregate liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

11.3 No Guarantee of Results

We do not guarantee that using our Services will:

• Increase your social media engagement, followers, or reach
• Generate sales, revenue, or business growth
• Result in viral or successful content
• Comply with all social media platform algorithms or guidelines

12. Indemnification

You agree to indemnify, defend, and hold harmless Qviral.ai and its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your content, including AI-generated content you publish
• Infringement of third-party intellectual property or privacy rights
• Your business practices or operations
• Disputes with your customers, employees, or third parties

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a legal claim, you agree to contact us at info@qviral.ai and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising from or relating to these Terms or our Services will be resolved through binding arbitration rather than in court, except for:

• Small claims court matters (if eligible under jurisdictional limits)
• Intellectual property disputes
• Requests for injunctive or equitable relief

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will take place in the United States, and the arbitrator's decision will be final and binding.

13.3 Class Action Waiver

13.4 Exceptions

Either party may seek equitable relief in court to protect intellectual property rights or confidential information without first engaging in arbitration.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website with a new "Last Updated" date
• Sending email notification to your registered email address
• Displaying a notice in your account dashboard

Changes will be effective immediately upon posting for new users, or 30 days after notification for existing users. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using our Services and cancel your subscription.

16. Termination and Suspension

16.1 Your Rights

You may cancel your subscription and terminate your account at any time through your account settings or by contacting support.

16.2 Our Rights

We may suspend or terminate your access to our Services immediately, without prior notice, for:

• Violation of these Terms or our policies
• Fraudulent, abusive, or illegal activities
• Non-payment of subscription fees
• Excessive or abusive use of support resources
• At our sole discretion, with or without cause

16.3 Effect of Termination

Upon termination:

• Your right to access and use our Services ceases immediately
• We will delete your account data in accordance with our Privacy Policy
• You remain liable for any outstanding fees or obligations
• Sections that by their nature should survive (disclaimers, limitations of liability, indemnification) remain in effect

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Qviral.ai regarding our Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless made in writing and signed by an authorized representative.

17.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We are not liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or technical failures of third-party services.

17.6 Export Compliance

Our Services are subject to US export control laws. You agree to comply with all applicable export and import laws and regulations.

17.7 Government Use

If you are a US government entity, our Services are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202.

18. Contact Information

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for choosing Qviral.ai for your restaurant's social media automation! 🚀