Agreement to these Terms
By visiting, accessing or using madeyouviral.com, submitting information, using our chat, booking a call, accepting a proposal or receiving a service from MadeYouViral, you agree to these Terms. If you use the Service for an organisation, you confirm that you have authority to bind it. If you do not agree, do not use the Service.
“Service” means the website, content, forms, chat, communications, proposals and services MadeYouViral provides. “Client” means the person or organisation buying services. “Client Materials” means information, assets, accounts, data, instructions and content supplied by or for a Client. “Deliverables” means work expressly identified as a deliverable in an accepted written scope.
Mandatory consumer rights cannot be excluded by contract. If you are a consumer, these Terms apply only to the extent permitted by the law that protects you.
Eligibility and authority
You must be at least 18 and legally capable of entering a binding agreement. The website is intended principally for business use. You must provide accurate, current information and promptly correct anything that becomes inaccurate.
If you act for another person or organisation, you warrant that you have permission to supply their information, grant required access, approve work and make commitments on their behalf.
Acceptable use
You may use the Service only lawfully and for genuine business purposes. You must not:
- violate law, regulation, sanctions, export controls, privacy, intellectual property, publicity or other rights;
- submit unlawful, deceptive, defamatory, abusive, discriminatory, exploitative, obscene or harmful material;
- introduce malware, attack, probe, overload, bypass, disrupt or gain unauthorised access to any system;
- scrape, crawl, harvest, copy or use automated access at a rate or in a manner that harms the Service or ignores technical restrictions;
- reverse engineer, decompile, extract source code, circumvent security or remove rights notices except where law expressly permits;
- use our website, content, design or outputs to train a competing model, build a substitute service or impersonate MadeYouViral without written permission;
- send spam, manipulate advertising systems, create fake engagement, misrepresent results or use information to unlawfully profile or target people.
No client relationship from a visit
Viewing the website, using chat, submitting a form or attending an introductory call does not create an agency, fiduciary, professional adviser or client relationship. We may accept or decline an enquiry at our discretion where lawful.
Advice, scope, price, timing, ownership and commitments become binding only when recorded in an accepted proposal, statement of work, order form or other written agreement.
Quotes, proposals and priority
Unless a proposal says otherwise, a quote is an estimate, excludes taxes and third-party costs, and may be withdrawn before acceptance. An accepted written scope controls the services, assumptions, Deliverables, milestones and fees for that engagement.
If documents conflict, the following order applies unless the signed agreement expressly says otherwise: signed data processing addendum for data issues, signed master services agreement, accepted statement of work or proposal, these Terms, then website content.
Fees, invoices and taxes
You must pay fees, deposits, retainers, expenses and taxes stated in the applicable scope. Payment dates are essential. Unless otherwise agreed, work may not begin until the initial payment clears and we may pause work, withhold Deliverables or revoke access while an undisputed amount is overdue.
Overdue business invoices may accrue interest and recovery costs at the maximum lawful rate. You are responsible for bank, platform, currency-conversion and chargeback fees caused by your payment method. You may not set off or deduct an amount unless required by law or agreed in writing.
Cancellations and refunds
Deposits, retainers, reservation fees, completed work, committed team time and non-cancellable third-party costs are non-refundable to the extent permitted by law. Cancellation does not remove the obligation to pay for work performed, time reserved, expenses incurred and commitments made before the effective cancellation date.
Any consumer cancellation right required by law remains unaffected. A project-specific agreement may contain different cancellation, notice, minimum-term or wind-down rules and will control for that project.
Client responsibilities
The Client must provide timely, accurate instructions, content, credentials, approvals, legal disclosures, brand assets, technical access and a single authorised decision-maker. The Client is responsible for the legality, accuracy and rights clearance of Client Materials, products, offers, claims, audiences and instructions.
Delays, rework or additional cost caused by missing information, late feedback, changed instructions, unavailable systems or third-party failures may change the schedule and fees. Silence is not approval unless the written scope establishes a defined deemed-approval process.
Changes and extra work
A request outside the accepted scope is a change request. We may provide a new estimate, adjust the timeline, use an agreed hourly or day rate, or decline the change. We are not required to perform extra work until its effect on fees and timing is accepted.
Minor implementation choices that do not materially alter the agreed outcome may be made by us using professional judgment.
Reviews and acceptance
You must review work promptly and give specific, consolidated feedback within any review period in the scope. A Deliverable is accepted when you approve it, publish or use it, fail to report a material scope non-conformity within the stated review period, or otherwise treat it as complete.
We will use reasonable efforts to correct a reproducible material failure to meet an express specification reported during the agreed warranty or review period. New preferences, platform changes and matters outside the accepted scope are not defects.
Performance and results
Marketing, search, advertising, content, automation, development and conversion outcomes depend on many factors outside our control, including the offer, pricing, budget, market, audience, competition, sales process, platform rules, algorithm changes and Client implementation.
We do not promise rankings, revenue, profit, reach, impressions, leads, conversion rates, advertising approval, uninterrupted availability or a particular return unless a signed agreement states a narrowly defined written guarantee. Forecasts, opportunities, targets and recommendations are not guarantees.
Case studies and proof
Examples, testimonials, analytics and case studies describe the stated project and period only. Results may be rounded, redacted or presented in context to protect confidentiality. They do not represent a typical or guaranteed result for every Client.
You must not alter, crop or republish proof in a way that creates a false impression. If an error is identified, we may correct or remove it.
Advertising and platform compliance
The Client is responsible for product legality, substantiation of claims, required disclosures, landing-page terms, promotion rules and compliance with advertising, consumer, sector and platform requirements. We may refuse or remove content we reasonably believe creates legal, ethical, security or platform risk.
Platforms may reject, restrict, suspend or change campaigns without notice. Unless caused directly by our breach of an express duty, we are not responsible for platform decisions, account history, algorithm changes, auction conditions or third-party enforcement.
AI and automated tools
We may use AI-assisted and automated tools for research, ideation, drafting, analysis, code, media, support and workflow execution, subject to reasonable human review appropriate to the task. AI output can contain errors, bias, omissions or material resembling third-party content.
Unless expressly agreed, you must review and approve final claims, decisions and public use. You must not submit regulated, sensitive, confidential or third-party data to an AI feature unless authorised and protected by the agreed process. We do not warrant that AI-assisted output is unique, registrable or free from every third-party claim.
Third-party services
Hosting, domains, advertising accounts, payment processors, APIs, fonts, plugins, software, stock assets, social platforms, AI models and other third-party services are governed by their own terms, fees, licences and privacy practices. Their availability and decisions are outside our control.
You are responsible for accounts held in your name and for maintaining subscriptions needed after handover. We may recommend or integrate a third party but do not guarantee it. We are not liable for a third party except to the extent loss is directly caused by our failure to use reasonable care in selection or configuration and liability cannot lawfully be excluded.
Website intellectual property
The MadeYouViral name, logo, visual identity, website design, software, motion, copy, graphics, methods, templates, documentation and original content are owned by or licensed to MadeYouViral and protected by intellectual-property laws.
We grant you a limited, revocable, non-exclusive, non-transferable right to use the public website for its intended purpose. No other licence is granted by implication.
Client Materials
The Client retains ownership of Client Materials. The Client grants us and our authorised providers a worldwide, non-exclusive licence to host, copy, modify, transmit and use Client Materials only as reasonably necessary to provide, secure and support the services and exercise our contractual rights.
The Client warrants that it has every permission required for that use and will reimburse us for losses resulting from a third-party claim that Client Materials or instructions infringe rights or violate law, except to the extent caused by our unauthorised use.
Deliverables and background materials
Ownership of final Deliverables transfers only if and when the applicable written scope says so and all related amounts are paid in full. Drafts, rejected concepts, working files and materials not listed as Deliverables remain ours.
We retain ownership of pre-existing and reusable know-how, code, tools, systems, prompts, processes, templates, libraries, generic components and improvements, called Background Materials. When Background Materials are embedded in a paid final Deliverable, we grant the Client a perpetual, non-exclusive licence to use them only as part of that Deliverable, unless the scope states otherwise. Third-party materials remain subject to their own licences.
Portfolio and publicity
Unless a signed agreement or confidentiality duty says otherwise, we may identify a business Client by name and show non-confidential final public work in portfolios, award entries, pitches, social content and case studies after public launch.
We will not publish confidential performance information without permission. A Client may request a written publicity restriction before work begins. Any agreed restriction controls.
Feedback
If you voluntarily send suggestions, ideas or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or payment, provided we do not publicly identify you in breach of our Privacy Policy or a confidentiality duty.
Confidentiality
Each party must protect non-public information identified as confidential or that a reasonable person would understand to be confidential. It may be used only for the relationship and disclosed only to people who need it and are bound to protect it.
Confidential information excludes information lawfully known without restriction, independently developed, publicly available without breach or lawfully received from another source. A legally compelled disclosure is permitted where notice is given when lawful and reasonable assistance is provided at the requesting party's cost.
Privacy and data protection
Our Privacy Policy explains how we process personal information for our own purposes. When we process personal information on a Client's instructions, the parties will comply with applicable data-protection law and any signed data processing terms.
The Client must not provide personal information unlawfully or instruct us to use it in a way that would violate applicable privacy, electronic-marketing or platform rules.
Security and access
Each party must use reasonable security appropriate to its systems and information. You must secure credentials, use multi-factor authentication where available, restrict administrator access, maintain current recovery details and notify us promptly of suspected compromise.
We may suspend access where reasonably necessary to contain abuse, a security incident, unlawful activity or material risk. Emergency action does not waive payment obligations or create liability where taken reasonably and in good faith.
Warranties
We warrant that paid services will be performed with reasonable care and skill. Any additional warranty must be stated in a signed agreement. You warrant that your instructions, products, offers, data and use of Deliverables are lawful and that you have authority to enter the agreement.
Except for express warranties and rights that cannot be excluded, the Service is provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability and error-free operation to the maximum extent permitted by law.
Limitation of liability
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, deliberate misconduct, or any liability that law does not permit us to exclude.
Subject to that sentence, MadeYouViral and its founders, directors, employees, contractors and affiliates will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for lost profit, revenue, opportunity, goodwill, anticipated savings, business interruption, data or advertising spend, even if the possibility was known.
Subject to the same exceptions, our total aggregate liability arising from an engagement will not exceed the fees actually paid to MadeYouViral under the affected statement of work during the 12 months before the event giving rise to the claim. For free website use with no affected paid scope, the aggregate cap is GBP 100. A signed agreement may set a different cap.
Indemnity
To the extent permitted by law, a business Client will defend, indemnify and hold harmless MadeYouViral and its personnel from third-party claims, losses, penalties, costs and reasonable legal fees arising from Client Materials, unlawful instructions, unsubstantiated claims, products or services sold by the Client, misuse of Deliverables, or the Client's breach of these Terms.
This does not apply to the extent a claim was caused by our breach, negligence or wilful misconduct. We will give reasonable notice and cooperation, and the Client may control the defence provided it does not admit fault for us or impose an obligation on us without written consent.
Suspension and termination
We may suspend or terminate website access immediately for unlawful use, security risk, abuse or material breach. Project termination is governed by the applicable agreement. If it is silent, either party may terminate for a material breach not cured within 14 days after written notice, or immediately for insolvency or a breach that cannot be cured.
On termination, access may end, work stops and all accrued amounts become due. Each party must return or delete confidential information where required, subject to legal retention and backups. Terms concerning fees, rights, confidentiality, disclaimers, indemnity, liability, disputes and any provision intended to survive will survive.
Force majeure
Neither party is liable for delay caused by an event beyond reasonable control, including outage, cyberattack not caused by a failure to use reasonable security, platform action, labour disruption, epidemic, natural disaster, war, civil disorder, government action, utility failure or supplier failure.
The affected party must take reasonable steps to reduce delay. Payment for work already performed is not excused. If a material force-majeure event continues for more than 60 days, either party may terminate the affected unperformed services by written notice.
Governing law and disputes
Unless a signed agreement says otherwise, these Terms and non-contractual disputes are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that MadeYouViral may seek urgent protective relief in any competent court.
Before filing a claim, each party must give written details and allow 30 days for good-faith senior-level negotiation. This does not prevent urgent injunctions or a claim needed to preserve a limitation period. Consumers retain any mandatory right to bring proceedings or use dispute resolution in their home jurisdiction.
Notices
Operational notices may be sent to the latest email or account contact supplied. Legal notices to MadeYouViral must be sent to [email protected] with the subject “Legal notice”. Ask for the current postal notice address if formal delivery by post is required.
An email is deemed received on the next business day after sending unless the sender receives a delivery failure. This does not override a mandatory service method required by law.
General terms
Neither party creates a partnership, employment, fiduciary or agency relationship unless expressly agreed. You may not assign an agreement without our written consent. We may assign it as part of a merger, reorganisation, financing or sale of the relevant business, or to an affiliate able to perform the obligations.
If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains effective. Failure to enforce is not a waiver. No third party has a right to enforce these Terms except an expressly protected indemnified party. Headings are for convenience. Electronic acceptance and signatures are valid where law permits.
Changes to these Terms
We may update these Terms for legal, security, operational or service changes. The date above identifies the current version. Material changes affecting an active paid engagement will be notified where reasonably practicable and will not retroactively replace a signed agreement without a valid contractual basis.
Continued use after an effective update constitutes acceptance for future website use. If you do not agree, stop using the Service. Mandatory rights remain unaffected.
Contact
Questions about these Terms can be sent to [email protected] or through madeyouviral.com/contact.