Terms of Service

Effective Date: November 4, 2024

1. Agreement to Terms

By accessing or using Lowkey Viral, operated by CurlyCorn LLC, based in New Mexico, USA ("we," "our," "us," or "CurlyCorn LLC"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Lowkey Viral software-as-a-service platform ("Platform" or "Service"). If you do not agree to these Terms, please do not use our Platform.

2. Eligibility

By using Lowkey Viral, you represent that you are at least 18 years old and have the legal authority to enter into this Agreement. If you are using our Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Service Overview

Lowkey Viral is an AI-powered tool that assists creators and businesses in generating engaging social media video content. Our Service generates 2x2 grid videos with custom content briefs and visuals to promote growth on social media. CurlyCorn LLC uses third-party services to help facilitate certain aspects of the Service:

• Content Brief Generation: We send business descriptions to OpenAI to generate content briefs.
• Image Generation: We send the description of each image to either Together.ai or Replicate.com, depending on the user-selected image model.
• Payments: We use Stripe for secure payment processing of all subscriptions. By subscribing to our Service, you agree to Stripe’s Terms of Service and understand that Stripe is responsible for processing, storing, and securing your payment information.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. Prohibited uses include, but are not limited to:

• Using the Service for any fraudulent or illegal activity;
• Attempting to disrupt or interfere with the Service's security or its operation;
• Reverse-engineering, disassembling, or attempting to derive the source code of the Platform.

5. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. CurlyCorn LLC is not liable for any losses or damages caused by your failure to secure your account information.

We use Stripe to process payments securely. You are responsible for maintaining the security of payment information used with Stripe.

6. Intellectual Property

All content, including but not limited to text, graphics, logos, and software, is owned by CurlyCorn LLC or our licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works of any content found on Lowkey Viral without our prior written permission.

7. User Rights to Generated Content

For users on paid plans, you retain full commercial rights to any images, videos, or other content generated through the Service. However, by using the Service, you acknowledge that AI-generated content may occasionally resemble existing copyrighted images. CurlyCorn LLC is not responsible for any resemblance between generated content and any copyrighted material. We encourage users to review the content for potential copyright issues before use in commercial applications.

8. Refund Policy

By purchasing a subscription or credits for Lowkey Viral, you agree that we provide you immediate access to digital content as soon as your purchase is completed, waiving the 14-day withdrawal period. Due to the high costs associated with GPU processing, we are unable to offer refunds once credits have been used. Refunds can only be granted if you have not used any credits. Refunds, if granted, will be processed through Stripe. Any fees associated with Stripe’s refund processing are the responsibility of the user. For questions or to initiate a refund request, please contact us at [email protected].

9. Third-Party Services

Lowkey Viral integrates with third-party services, including OpenAI, Together.ai, and Replicate.com, to deliver certain functionalities. While we strive to work only with reputable third parties, we make no representations or warranties regarding these third-party services. CurlyCorn LLC disclaims all liability for damages arising from the use of or reliance on these third-party services.

10. Privacy and Data Processing

We are committed to protecting your privacy in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) if you are an EU resident.

• Data Sharing: Your business description and content brief are sent to OpenAI, while image descriptions are sent to Together.ai or Replicate.com. By using our Service, you consent to this data processing.
• Analytics: We use a self-hosted instance of Plausible for analytics.
• Security: We utilize Cloudflare to ensure a secure and reliable connection.

11. Limitation of Liability

To the maximum extent permitted by law, CurlyCorn LLC and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of Lowkey Viral. This includes, but is not limited to, damages for lost profits, loss of data, or other intangible losses, even if we have been advised of the possibility of such damages.

We use Stripe for secure payment processing. CurlyCorn LLC disclaims any liability for losses or damages arising from issues related to Stripe’s payment processing or account security.

12. Disclaimer of Warranties

Lowkey Viral is provided "as is" and "as available." CurlyCorn LLC makes no warranties or representations regarding the accuracy, reliability, or availability of the Service. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

You agree to indemnify, defend, and hold harmless CurlyCorn LLC and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising from or in any way related to your use of Lowkey Viral, violation of these Terms, or infringement of any third-party rights.

14. Changes to Terms

We reserve the right to update these Terms at any time. When we do, we will post the revised Terms on our website, and the "Effective Date" at the top will reflect the date of the latest revision. Your continued use of Lowkey Viral after any changes to these Terms constitutes your acceptance of the updated Terms.

15. Severability

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

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or the use of Lowkey Viral shall be brought exclusively in the state or federal courts located in New Mexico, USA.

17. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

CurlyCorn LLC
Email: [email protected]