Terms of Service

Agreement Overview
This Agreement, referred to herein as “Terms of Use,” constitutes a legally binding contract between Hyper Viral Media, a performance marketing company and the party engaging Hyper Viral Media’s services (“Customer”). This Agreement governs the Customer’s access to and use of Hyper Viral Media’s Services. Non-compliance with any provision hereof shall result in the immediate revocation of the Customer’s right to use the Services, necessitating immediate cessation of use, notwithstanding the continuance of any accruing obligations, such as payment for services rendered to date.
Service Offerings
Hyper Viral Media provides the following tiered service offerings:
- Starter: Includes a complete marketing solution providing dedicated account management, sophisticated analytics, bespoke strategy development across 2 platforms with 2 KPIs, 2 calls per month, 1 reports per month, automated dashboard, Slack access, CLV/Profit Analysis and 5x paid social channel imagery at a monthly rate of $6,999.
- Ace: Includes everything in Starter across 5 platforms with 5 KPIs, 4 calls per month, 2 reports per month and 10x paid social channel imagery at a monthly rate of $12,000.
- Boss: Includes everything in Ace across unlimited platforms with 10 KPIs, unlimited calls per month, 4 reports per month and unlimited paid social channel imagery starting from a monthly rate of $18,000. Hyper Viral Media reserves the unilateral right to modify, enhance, or otherwise alter these service offerings at its sole discretion.
Cancellation and Renewal
Cancellation requests must be submitted in writing at least seven calendar days prior to the end of the current service period to avoid charges for the subsequent period. Cancellations not timely received will result in full charges for the next period, which shall be non-refundable due to resource allocation commitments.
Acceptance of Deliverables
Unless expressly contested or revisions requested by the Customer within 48 hours post-delivery, services and deliverables provided by Hyper Viral Media will be deemed accepted by the Customer. This clause facilitates the orderly provision of ongoing services under the Customer’s plan.
Payment Terms and Refund Policy
Customers may terminate their service plans at their discretion; however, no refunds shall be issued once a marketing campaign has commenced under any plan. All terminations will become effective at the end of the current billing cycle, with no provision for pro-rata refunds.
Intellectual Property Rights
All proprietary materials, methodologies, and intellectual property utilized by Hyper Viral Media in providing the Services, including but not limited to marketing strategies, tools, and techniques, remain the exclusive property of Hyper Viral Media. Customized marketing campaigns developed for and paid for by the Customer shall become the Customer’s property, subject to full payment. This transfer of rights is limited to bespoke deliverables and does not extend to Hyper Viral Media’s inherent intellectual property.
Ownership of Deliverables
Upon full settlement of the payment due, the Customer shall acquire exclusive ownership of all customized deliverables produced as part of the service engagement, excluding Hyper Viral Media’s proprietary tools and methodologies.
Third-Party Licenses
Where Services incorporate third-party materials necessitating separate licensing, the Customer shall bear responsibility for acquiring and maintaining such licenses. Hyper Viral Media disclaims any liability for the Customer’s failure to secure appropriate third-party licenses.
Customer Representations and Warranties
The Customer represents and warrants that they possess the legal capacity and authority to enter into this Agreement, that they will utilize the Services in a lawful manner, and that their engagement with the Services shall not contravene any applicable laws or regulations.
Use Restrictions
The Customer is obligated to utilize the Services solely for lawful purposes and in a manner consistent with the agreed scope of the engagement. The Customer is expressly prohibited from unauthorized commercial exploitation of the Services, including but not limited to resale, redistribution, or modification of Hyper Viral Media’s deliverables.
Feedback and Communication
Feedback, queries, and communication regarding the Services shall be directed through designated channels such as Asana. Hyper Viral Media shall have exclusive rights to utilize and act upon such Feedback at its discretion.
Monitoring and Enforcement
Hyper Viral Media reserves the right to monitor compliance with these Terms of Use and to enforce them through legal or equitable remedies, including but not limited to service suspension or termination.
No Refund Policy
Payments made to Hyper Viral Media for Services are final and non-refundable, in alignment with the Payment Terms and Refund Policy.
Amendment of Terms
Hyper Viral Media reserves the right, at its sole discretion, to amend, modify, or discontinue any aspect of the Services or these Terms of Use, with or without notice to the Customer.
Service Interruptions
Hyper Viral Media shall not be liable for interruptions to Service arising from circumstances beyond its reasonable control. Hyper Viral Media will endeavor to minimize the impact of such interruptions and communicate effectively with Customers regarding the resumption of Services.
Limitation of Liability and Indemnification
Hyper Viral Media, including its officers, directors, employees, agents, and affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement. The Customer agrees to indemnify and hold harmless Hyper Viral Media from any claims, damages, or expenses arising from their use of the Services.
Customer Obligations
The Customer is responsible for providing all necessary information, data, and cooperation required for Hyper Viral Media to effectively deliver the Services. Hyper Viral Media is not liable for the loss or corruption of Customer data and advises Customers to maintain adequate backups.
Electronic Communications
All communications regarding the Services will be conducted electronically, and such electronic communications shall satisfy any legal requirement that such communications be in writing.
Display of Work
Hyper Viral Media reserves the right to display its work in promotional materials unless otherwise restricted by a Non-Disclosure Agreement (NDA) executed with the Customer.
Termination
Either party may terminate this Agreement in accordance with the terms herein. Hyper Viral Media may also terminate or suspend access to the Services for breaches of this Agreement, including non-payment or misuse of the Services.

Last updated: 12/12/2023