Terms of Service

1. Scope and provider

1.1 These Terms of Service (“Terms”) apply to all contracts for the use of the services of Startviral UG (haftungsbeschränkt), Kollwitzstraße 76, 10435 Berlin, Germany (“Startviral”, “we”, “us”), concluded via the website startviral.de or the platform app.startviral.de.

1.2 Our offer is directed at both consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code, BGB).

1.3 Deviating terms of the customer do not apply unless we expressly agree to them in text form.

2. Description of services

2.1 Startviral provides services to increase reach and engagement on Instagram (“Creator Ads”). To do so, we run paid advertisements via Meta’s ads manager, displaying the customer’s content to suitable target audiences. We do not use bots, interaction software, or purchased followers.

2.2 The specific scope of services (e.g. the content promoted, additional services) results from the subscription plan booked, as described at the time the contract is concluded.

2.3 No guarantee of results:The figures stated on the website (e.g. profile visits, followers, views, likes) are non-binding estimates based on experience. Actual results depend on factors we cannot fully control, in particular the quality and frequency of the customer’s content, the behavior of the users reached, and the systems and policies of Instagram/Meta. We do not owe a specific result (e.g. a specific number of followers); we owe the agreed advertising service.

2.4 Instagram is a platform operated by Meta Platforms, Inc. and is not affiliated with Startviral. The customer remains solely responsible for their Instagram account and its content. Access to the customer’s Instagram account is not required for our services and will not be requested by us.

3. Conclusion of contract

3.1 The presentation of subscription plans on the website does not constitute a binding offer but an invitation to the customer to submit an offer.

3.2 The customer submits their offer by completing the registration or order process at app.startviral.de and submitting the order by clicking the final order button. The contract is concluded when we confirm the order by email or begin providing the service.

3.3 The contract languages are German and English. We store the contract text; the customer can access these Terms on the website at any time.

4. Individual introductory offers

4.1 We offer customers an individual introductory offer on a case-by-case basis. Under such an offer, we grant a discount on the regular fee of the booked plan for a period specified in the offer. The level of the discount is determined individually and may be up to 100%; in that case, the trial period is free of charge for the customer.

4.2 There is no entitlement to such an offer. The offer is granted once per customer and communicated in text form. The conditions stated there apply, in particular the level of the discount and the discount period.

4.3 After the discount period ends, the regular fee for the booked plan becomes due and the contract continues on those terms unless the customer cancels in accordance with Section 6. Before the discount period begins, we inform the customer in text form of the date and amount of the first regular charge.

5. Prices and payment

5.1 The prices stated on the website at the time of ordering apply, unless an individual introductory offer has been agreed in accordance with Section 4. Prices are in US dollars (USD) and, unless stated otherwise, include any applicable VAT. Any fees charged by the payment service provider or currency conversion fees charged by the customer’s bank are borne by the customer.

5.2 Depending on the chosen plan, billing occurs monthly or annually in advance. Payment is processed via our payment service provider Stripe using the payment methods offered there.

5.3 Price changes for ongoing subscriptions will be announced to the customer in text form at least four weeks before they take effect and only apply from the next renewal. If the customer does not agree to the change, they may cancel the subscription effective at the end of the current subscription period.

6. Term and cancellation

6.1 Depending on the chosen plan, the subscription has a term of one month or one year. It renews for the chosen term unless cancelled before the end of the current subscription period.

6.2 The customer may cancel the subscription at any time with effect from the end of the current subscription period. Cancellation is possible via the cancellation section in the customer account (app.startviral.de), via the cancellation button on the website, or in text form (e.g. by email to support@startviral.de).

6.3 We confirm every cancellation without undue delay in text form, stating the termination date.

6.4 The right of both parties to terminate for good cause remains unaffected. Good cause exists for the customer in particular if we fail to provide the agreed service despite being given a reasonable deadline.

6.5 Fees paid in advance for periods after the effective date of a justified extraordinary termination will be refunded on a pro-rata basis.

7. Customer obligations

7.1 The customer ensures that their Instagram profile is publicly accessible and that content is published regularly. The effectiveness of the campaigns depends significantly on the customer’s activity (in particular regular posts, reels, and stories).

7.2 The customer warrants that they hold all necessary rights to the content of their profile and that their content does not infringe third-party rights or violate applicable law or the policies of Instagram/Meta.

7.3 We are entitled to refuse to promote individual pieces of content if they violate statutory provisions, third-party rights, or Meta’s advertising policies.

8. Changes to services and availability

8.1 We may modify the service to the extent required for technical reasons (e.g. changes to Instagram/Meta systems or policies) and where the change is reasonable for the customer. We will announce material changes to the customer’s detriment in text form; in that case, the customer may cancel effective as of the date the change takes effect.

8.2 If we are temporarily unable to provide the service for reasons attributable to us, the billing period will be extended accordingly, or the fee will be refunded or credited on a pro-rata basis.

9. Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. Details are set out in the withdrawal policy, which is available on the website and provided to the customer upon conclusion of the contract.

10. Liability

10.1 We are liable without limitation for intent and gross negligence, for damages arising from injury to life, body, or health, and under the German Product Liability Act.

10.2 In cases of simple negligence, we are only liable for damages arising from the breach of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the foreseeable damage typical for this type of contract.

10.3 Any further liability is excluded. We accept no liability for decisions, measures, or suspensions by Instagram/Meta that are not based on a breach of duty on our part.

11. Data protection

Information on the processing of personal data is provided in our Privacy Policy, available on the website.

12. Final provisions

12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

12.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin.

12.3 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12.4 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.