ViralThumblify

Terms of Service

Effective date: May 19, 2026

Provider: ViralThumblify, operating from the United States.

1. Acceptance of Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("User" or "you") and ViralThumblify ("Provider," "we," "us," or "our") governing your use of the ViralThumblify website at www.viralthumblify.com, the web application at app.viralthumblify.com, and related services (collectively, the "Service").

Our Privacy Policy describes how we handle personal data. Together, these Terms and the Privacy Policy are the "Agreements." By accessing or using the Service, creating an account, or purchasing credits, you confirm that you have read, understood, and agree to the Agreements. If you do not agree, you must stop using the Service immediately.

2. Service Scope

The Service is an AI-assisted studio that allows Users to generate custom YouTube thumbnails ("Generated Content") by submitting YouTube URLs, uploaded videos, scripts, or text prompts, and by uploading private images, including personal likeness or face images ("User Uploads"). Users may apply templates, save face references, generate multiple variants, refine results, and export thumbnails.

3. Account and Free Starter Credits

3.1 Eligibility

You must be at least 18 years of age and able to enter a binding contract to use the Service. By using the Service, you represent that you meet this requirement.

3.2 Registration

Account registration requires a valid email address and password, or a supported third-party sign-in (such as Google). You must provide accurate information and keep it current. You are responsible for your credentials and all activity under your account. Accounts are personal — do not share login access with others.

3.3 Free Starter Credits

We may offer starter credits to new accounts at no charge. Starter credits do not require payment information. Starter credits, features, and amounts may change at our discretion.

4. Financial Terms, Credit Packs, and Refunds

4.1 Credit Packs

Paid access is provided through one-time credit packs, not recurring subscriptions, unless we clearly label an offering as a subscription. Prices and pack sizes are displayed before checkout. Studio actions consume credits from your balance according to the costs shown in the Service. Credits are not cash, are not transferable between users, and have no monetary value outside the Service.

Payment is processed by third-party payment providers (such as Stripe). We do not store full payment card numbers. Credits are applied to the account associated with the email used at checkout. If no account exists yet, credits are held until you register or sign in with that same email. Unless stated otherwise, purchased credits remain on your balance until used or your account is closed under these Terms.

4.2 Refund Policy

Except where required by applicable law, all sales of digital credit packs are non-refundable once credits are delivered to your account or used. We do not provide refunds or credits for partial use, unused time, dissatisfaction with AI-generated results, or lack of usage.

If you believe a charge was made in error, contact us promptly. We may issue refunds or adjustments at our sole discretion.

4.3 Credits and Abuse Protection

Credit packs include usage that generates non-recoverable third-party costs for the Provider. To prevent abuse:

  • If all or a substantial portion of purchased credits are consumed, the purchase is considered fully delivered and no refund will be issued, even if a refund request is made shortly after purchase.
  • We reserve the right to deny refunds where we reasonably determine that credits were used primarily to extract value before requesting a refund.
  • We may suspend or terminate accounts involved in fraudulent payments, chargebacks, or abuse of starter or purchased credits.

4.4 Account Cancellation

You may stop using the Service at any time. To request account closure, contact us. Closing an account does not entitle you to a refund of unused credits unless required by law.

5. User Content, Warranties, and Indemnity

5.1 User Content Responsibility

You bear sole responsibility for all content you input into the Service ("User Content"), including the copyright and intellectual property status of YouTube content referenced by URL, User Uploads, prompts, and the resulting Generated Content.

5.2 Warranties of Right

You warrant that:

  • You possess all necessary rights, licenses, and permissions to use all User Content;
  • You have explicit permission from any person whose likeness appears in User Uploads, including face references;
  • User Content and Generated Content do not infringe or violate any third-party rights, including intellectual property, publicity, or privacy rights;
  • Your use complies with YouTube and other platform rules.

5.3 License Grant to Provider

You grant the Provider a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, display, and use User Content solely to operate, maintain, secure, and improve the Service — including sending relevant portions to AI and infrastructure providers that power generation.

5.4 Generated Content Ownership

Subject to compliance with these Terms and applicable third-party rights, you retain ownership of Generated Content you create. We do not guarantee click-through rate, revenue, or platform compliance. You are responsible for reviewing outputs before publishing.

5.5 Indemnification

You agree to indemnify, defend, and hold harmless the Provider and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Service, or your breach of Section 5.2.

6. Prohibited Conduct

You agree not to use the Service in a manner that:

  • Violates any applicable law or regulation;
  • Infringes third-party intellectual property, privacy, or publicity rights;
  • Is abusive, defamatory, obscene, fraudulent, or harmful;
  • Exploits or harms minors;
  • Attempts to disrupt, compromise, or overload Service security or infrastructure;
  • Involves unauthorized advertising, spam, or solicitation;
  • Resells or sublicenses the Service without our written consent.

7. Intellectual Property

All intellectual property rights in the Service itself — including software, branding, systems, and documentation (excluding User Content and Generated Content owned by you) — are owned exclusively by the Provider or its licensors.

8. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512 to the contact details in Section 14. We may remove or disable access to material alleged to be infringing and may terminate repeat infringers.

9. Third-Party Services

The Service relies on third parties (hosting, authentication, analytics, payments, YouTube-related APIs, and AI providers). Your use of those services may be subject to their separate terms and policies.

10. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate access immediately, with or without notice, for any breach of these Terms, fraud, abuse, or as required by law. Provisions that by nature should survive (including payment obligations incurred, disclaimers, limitations of liability, and indemnity) survive termination.

11. Disclaimers and Limitation of Liability

11.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some U.S. states do not allow certain limitations, so some of the above may not apply to you.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict-of-law principles, except where mandatory consumer law in your state requires otherwise. You agree that disputes arising from these Terms shall be brought in the state or federal courts located in Delaware, and you consent to personal jurisdiction there, unless applicable law requires a different forum.

13. Changes to These Terms

We may modify these Terms periodically. We will post the updated Terms on this page and revise the effective date above. Material changes may also be communicated in the Service or by email where appropriate. Continued use after changes take effect constitutes acceptance.

14. Contact

For questions about these Terms, billing, account closure, or DMCA notices, contact us at viralthumblify@gmail.com.