Last updated: September 22, 2026
Note: The German version of these Creator Terms is legally binding. This English version is provided for information purposes only (see Section 18).
1. Scope
These terms of use ("Creator Terms") apply to the use of viral.app by persons who register as creators or take part as creators in jobs, campaigns, or payouts through viral.app ("Creators"). The provider is FMD Labs GmbH, Ernst-Haeckel-Platz 5/6, 07745 Jena, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Jena under HRB 523255 (the "Provider"). Brands, agencies, and other companies that use viral.app as customers ("Brands") are subject to the Terms of Service. If a person uses viral.app both as a Creator and as a Brand, the terms applicable to the respective activity apply.
2. Services of the Provider
The Provider offers Creators a platform through which they can create a profile, be found by Brands, apply for jobs, communicate with Brands, view the performance of their content, and claim payouts approved by Brands through a payout service provider. The core features are free of charge for Creators. There is no entitlement to jobs, a particular number of requests, or particular earnings. The Provider may develop, change, or discontinue individual features, to the extent this is reasonable for Creators. AI-powered features, such as recommendations, fit assessments, or drafts, may be inaccurate; the Creator reviews them before use. They do not constitute legal or tax advice.
3. Registration, Minimum Age, and Identity
Only natural persons who are at least 18 years old may register as Creators. Each Creator may only maintain one account; the account is personal and may not be transferred, sold, or shared with other persons. Persons who are subject to sanctions of the European Union, the United Nations, or the Federal Republic of Germany, or who reside in a comprehensively sanctioned country or territory, may not register; the payout service provider also carries out its own checks.
The Creator must provide truthful and up-to-date information, in particular name, date of birth, place of residence, and contact details, and must use a profile photo that shows the Creator. AI-generated avatars, images of other persons, false location information, and connecting social media accounts that the Creator does not own or operate are not permitted.
The Provider and the payout service provider may require verification of identity, age, social media accounts, and payout details, in particular if misuse is suspected. False information or a refusal to be verified may lead to the account being suspended (Section 15).
4. Relationship Between Creator, Brand, and Provider
Contracts for services of the Creator, such as creating and publishing content, are concluded exclusively between the Creator and the respective Brand. The Provider does not become a party to them, is neither employer nor client, agent, or broker of either party, and owes neither the Brand's compensation nor the Creator's performance. Creator and Brand agree on the content, scope, compensation, deadlines, usage rights, and other terms of a collaboration themselves. Templates, briefs, or standard texts provided by the Provider are non-binding aids and do not constitute legal advice. The Creator should review the terms of a collaboration before accepting it and should not accept jobs the Creator cannot fulfill.
5. Independent Status, Taxes, and Contributions
The Creator acts independently and on the Creator's own responsibility. The Creator is responsible for paying taxes on earnings, completing any required registrations (for example, a trade registration or tax registration), and meeting any social security obligations. To the extent the Provider or the payout service provider is legally required to report information about Creators and their earnings to authorities (for example, under the German Platform Tax Transparency Act implementing the EU DAC7 directive), the Creator provides the necessary information, such as tax identification number, date of birth, and address, completely and correctly; otherwise, participation in payouts may be suspended.
The Creator is free to work for other Brands, platforms, or competitors as well, unless the Creator has expressly agreed otherwise with a Brand; the non-circumvention clause (Section 12) remains unaffected.
6. Obligations of the Creator
In particular, the Creator undertakes:
- to only create and publish content that complies with applicable law and the rules of the respective platform,
- to clearly label advertising and collaborations in accordance with legal requirements and platform rules (for example, "Ad" or "Advertisement") and to only make honest statements based on the Creator's own experience,
- not to include music, images, videos, trademarks, or persons in the content without the necessary rights and consents,
- not to artificially generate or manipulate reach and engagement, for example through purchased followers, views, or comments, bots, click farms, engagement groups, location masking, or scripts,
- to publish content through the accounts agreed with the Brand and connected in the service, and to report without undue delay the loss of access to a connected account or a change of username,
- to provide reasonable evidence of publications, metrics, and account ownership upon request,
- not to harass, threaten, deceive, or send unwanted messages to other users,
- not to gain unauthorized access to the service, to other accounts, or to the Provider's systems, not to search for or exploit security vulnerabilities, and not to disrupt the service through malware or excessive requests,
- not to circumvent security and access controls, verifications, usage limits, or payout processes,
- not to use the service with bots, scripts, or other automated means and not to extract or collect data of the service or of other users, in particular contact details of Brands or other Creators, by automated means,
- not to reverse engineer the software and not to use the service or the data obtained through it to build a competing offering, unless the law mandatorily permits this.
If the Creator discovers a security vulnerability, the Creator reports it to hello@viral.app without undue delay, without exploiting it or disclosing it to third parties.
7. Performance Measurement
Metrics in the service (for example, views, likes, comments) are based on publicly available platform data and sources connected by the Creator. They may be delayed, incomplete, or inaccurate, or may be changed retroactively by the platforms. The rules agreed with the Brand govern any performance-based compensation. The Provider may flag, or exclude from calculations, activity that is recognizably manipulated, invalid, or counted twice. The Creator reports suspected errors in calculations to the Brand or the Provider without undue delay.
8. Payouts
Payouts to Creators are approved by the respective Brand and executed through a payout service provider, currently Talentir GmbH (Talentir LLC), Zurich, Switzerland. For the payout, the Creator enters into a separate contractual relationship with the payout service provider; its terms apply, including identity verification and the fees displayed before a payout is claimed.
The Provider does not hold, safeguard, or transfer any funds and does not guarantee that a Brand will pay agreed compensation. Claims for compensation are directed exclusively against the Brand. If there is a well-founded suspicion of manipulation, fraud, or another material breach of these terms, the Provider may suspend the transmission of the affected payout proposals to the payout service provider and inform the Brand until the matter has been clarified.
9. Rights to Content
The rights to the Creator's content remain with the Creator unless the Creator transfers or grants them in an agreement with a Brand. The usage rights a Brand receives (for example, duration, channels, paid advertising) are governed solely by the agreement between Creator and Brand. The Creator grants permissions to use content for ads on platforms (for example, TikTok Spark Ads, Meta partnership ads) through the respective platform; they are subject to that platform's rules.
For the lifetime of the Creator's account, the Creator grants the Provider the simple (non-exclusive), royalty-free, worldwide right to store, reproduce, analyze (including automatically and with the help of AI), technically adapt (for example, thumbnails), and display to Brands within the service the Creator's profile, profile photos, selected videos, and other content provided in the service, to the extent necessary to operate the service. Any use for the Provider's own advertising outside the service requires the Creator's separate consent. The Creator represents that the Creator holds the rights required for this.
10. Ratings
To the extent the Provider enables ratings or reviews, they must be based on an actual collaboration through the service and be truthful. Purchased, coerced, or multi-account ratings, linking compensation to positive ratings, and retaliation for critical ratings are not permitted. The Provider may review ratings and remove or not publish ratings that violate these terms or applicable law. The Provider does not adopt ratings as its own and does not verify their accuracy.
11. Paid Creator Features
The Provider may offer additional paid features or subscriptions for Creators. Prices, term, scope of services, and cancellation options are displayed before purchase; a subscription renews until canceled and may be canceled at any time with effect as of the end of the current billing period. The terms of the payment processor displayed at checkout, including the statutory consumer information and any right of withdrawal, additionally apply to the purchase. The free core features do not require a subscription.
12. Non-Circumvention
If the Creator got to know a Brand through the service (for example, through a job posting, an application, an invitation, or the creator search), the Creator may not, while using the service and for 24 months after the first contact through the service or after the last collaboration with that Brand managed through the service, whichever is later, agree on or carry out a collaboration outside the service, or accept compensation outside the service for services initiated through the service, without the Provider's prior consent in text form. A collaboration that is managed in the service and whose compensation is paid out via the connected payout service provider or recorded in the service counts as use of the service. The prohibition also applies to circumvention through related persons, agencies, or other platforms. It does not apply to relationships that demonstrably existed before the first contact through the service.
If the Creator culpably breaches this prohibition, the Creator shall compensate the Provider for the resulting damage. If the Creator acts as an entrepreneur in doing so, the liquidated damages for each prohibited collaboration amount to EUR 1,000 or, if higher, the fees and commissions the Provider would have received had the collaboration been handled through the service. The Creator remains entitled to prove that no damage or significantly less damage was incurred; the Provider remains entitled to prove higher damage.
13. Reporting Illegal Content and Moderation
Content that violates applicable law, third-party rights, or these terms is not permitted. Persons and entities that discover such content in the service (for example, in profiles, messages, or job postings) can report it electronically to hello@viral.app. The report should state the reasons, the exact location of the content (for example, a link), the name and email address of the reporting person, and a statement that the information is correct to the best of their knowledge. This address is also the single point of contact for authorities and users pursuant to Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act); communication is possible in German and English.
The Provider reviews reports in a timely, diligent, and objective manner; no automated decision is made without human review. Depending on severity, the Provider may remove content or restrict its visibility, restrict features, suspend payout proposals, or suspend accounts. Affected users receive a statement of reasons unless a legal exception applies and can contest the decision by email to hello@viral.app. The Provider is not obliged to generally monitor content.
14. Availability and Liability
The Provider endeavors to keep the service available with as few interruptions as possible but does not owe this; maintenance, technical faults, and restrictions imposed by platforms or data sources may impair use.
The Provider is liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent of any guarantee given. In the event of a slightly negligent breach of essential contractual obligations, whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Creator may regularly rely, liability is limited to the typical, foreseeable damage. Liability for slight negligence is otherwise excluded. The Provider is not liable for acts or omissions of Brands, payout service providers, or platforms, unless they are attributable to the Provider.
15. Term, Suspension, and Termination
The user relationship runs for an indefinite period. The Creator may end it at any time by deleting the account in the settings or requesting deletion by email; ongoing collaborations with brands or a payout history may prevent immediate deletion. The Provider may terminate the user relationship with two weeks' notice in text form.
The Provider may temporarily suspend an account or terminate the user relationship without notice for good cause, in particular in the case of false identity or age information, AI-generated or third-party profile photos, shared or multiple accounts, manipulation of metrics, fraud, harassment, illegal content, attacks on the security of the service, automated extraction of data, a breach of the non-circumvention clause, or a refusal of justified verification. In the case of less serious breaches, the Provider first gives the Creator an opportunity to remedy the breach. The Provider may review accounts together that recognizably belong together based on identity, payment, or payout data or on coordinated behavior, and extend measures to them. After a termination for cause, the Creator may not create a new account without the Provider's consent. Compensation claims the Creator has already acquired against Brands remain unaffected by a suspension or termination.
16. Data Protection
The Provider processes the Creator's personal data in accordance with the Privacy Policy.
17. Changes to These Terms
The Provider may change these terms where this is necessary due to new features, changes in the law or case law, changed requirements of platforms or payout service providers, or to close gaps in the rules, and the Creator is not unreasonably disadvantaged as a result. The Provider informs the Creator of the changes by email at least 30 days before they take effect. Changes affecting essential rights and obligations only take effect if the Creator agrees to them, for example by confirming in the service; if the Creator does not agree, the Provider may terminate the user relationship with notice under Section 15. The Creator may end the user relationship at any time.
18. Final Provisions
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Creator is a consumer, this choice of law only applies insofar as it does not deprive the Creator of the protection of mandatory provisions of the country in which the Creator has their habitual residence. If the Creator is a merchant (Kaufmann), the place of jurisdiction is Jena, Germany.
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
These terms are concluded in the German language. Versions in other languages, including this English version, are provided for information purposes only; in the event of discrepancies, the German version prevails.
Should any provision of these terms be wholly or partially invalid, the validity of the remaining provisions remains unaffected.
