Terms of Service.

Last updated: January 23, 2025

These Terms of Service (“Terms”) govern your access to and use of services provided by Viral Mamba (“Viral Mamba,” “we,” “us,” or “our”).

By purchasing, booking, or using any Viral Mamba service, you agree to be bound by these Terms.  If you do not agree, do not use our services.

 

  
Chapter I

Scope of Services

Viral Mamba provides digital marketing, website, and growth-related services, which may include but are not limited to:

  • Website design and development

  • Mobile-first website optimization

  • Website hosting, maintenance, and updates

  • Lead capture tools, automations, and integrations

  • Content creation and blog publishing

  • Search engine optimization (SEO) services

  • AI-powered chat, SMS, and automation tools

Specific deliverables, pricing, and timelines may vary by service tier, subscription, or written agreement, but all services are governed by these Terms unless otherwise stated in writing.

  
Chapter II

Subscription-Based Services

2.1 Active Subscription Requirement

All website builds and ongoing services are provided only to active paying clients. Viral Mamba does not build or maintain websites for non-clients.

Your first payment activates your subscription and authorizes Viral Mamba to begin work.

2.2 Monthly Billing

Most services are offered on a recurring subscription basis and billed monthly or annually, depending on the plan selected at checkout.

Subscriptions renew automatically unless canceled in accordance with these Terms.

  
Chapter III

Minimum Commitment for Website Builds

3.1 Minimum Term

New website builds require a minimum six (6) month commitment, unless otherwise stated in writing.

This commitment allows Viral Mamba to design, build, launch, optimize, and support your website properly.

3.2 Early Termination

Early cancellation does not waive payment obligations for the remainder of the committed term.

  
Chapter IV

Website Build Timeline

4.1 Delivery Estimates

Most websites are ready to launch within approximately 14 days following the kickoff call.

This timeline depends on:

  • Timely client communication

  • Prompt feedback and approvals

  • Delivery of required assets and access

4.2 Client Delays

Delays caused by missing assets, late responses, or unapproved content do not pause billing and do not extend the minimum commitment.

  
Chapter V

Client Responsibilities

Clients agree to:

  • Provide accurate business information

  • Supply requested content, assets, and access promptly

  • Respond to requests for feedback within a reasonable timeframe

  • Use provided tools and services lawfully and responsibly

Failure to meet these responsibilities may delay delivery but does not pause billing or contractual obligations.

   
Chapter VI

Scope of Included Work

6.1 Included Services

Website subscriptions typically include:

  • A modern, mobile-first website

  • Reasonable content, layout, and image updates

  • Hosting, security, and performance maintenance

  • Ongoing website support during the subscription term

6.2 Reasonable Use Policy

“Unlimited updates” applies to reasonable requests and does not include:

  • Net-new applications or custom software

  • Complex third-party integrations

  • Extensive site rebuilds beyond the agreed scope

Additional work may require an add-on or separate agreement.

   
Chapter VII

Add-On Services

Optional services such as blog publishing, SEO packages, AI assistants, or advanced automations may be offered for additional fees. These services are subject to the same Terms unless otherwise specified.

   
Chapter VIII

Payments & Billing

  • Payments are processed securely via Stripe

  • Subscriptions auto-renew unless canceled after the minimum term

  • Failed payments may result in service suspension

Viral Mamba reserves the right to pause or terminate services for non-payment.

   
Chapter IX

Intellectual Property

9.1 Ownership

Unless otherwise agreed in writing:

  • Viral Mamba retains ownership of underlying systems, frameworks, and processes

  • Clients are granted a license to use their website and content while subscribed

9.2 Termination

Upon termination, access to hosting, services, and proprietary systems may be revoked.

   
Chapter X

Confidentiality

Both parties agree to maintain the confidentiality of sensitive or proprietary information exchanged during the course of the engagement.

   
Chapter XI

Privacy & Data Handling

Client data is handled in accordance with our Privacy Policy. Clients are responsible for compliance with applicable data protection laws related to their business.

11A. Communications Consent (Email, SMS, Phone)

By submitting your information on any Viral Mamba website, form, chat widget, calendar, checkout page, or by engaging with our services in any manner, you expressly consent to receive communications from Viral Mamba, including but not limited to:

  • Email communications

  • SMS / text messages

  • Phone calls (including automated or prerecorded messages where permitted)

  • Appointment reminders and service notifications

  • Follow-up messages related to services, onboarding, or support

Consent is not a condition of purchase unless explicitly stated.

11B. SMS Messaging & Automated Communications

11B.1 SMS Opt-In

By providing your mobile number and opting in via a form, chat, or checkbox, you consent to receive text messages from Viral Mamba, which may include:

  • Appointment confirmations and reminders

  • Service updates

  • Follow-ups related to your inquiry or account

  • Automated responses (including AI-assisted messages)

  • Missed-call text-back messages

Message frequency may vary.

11B.2 Message & Data Rates

Standard message and data rates may apply depending on your mobile carrier. Viral Mamba is not responsible for carrier charges.

11B.3 Opt-Out Instructions

You may opt out of SMS communications at any time by replying STOP to any message. You may request help by replying HELP.

Opting out of SMS messages does not cancel your contractual obligations or subscription.

11C. Appointment Reminders & Transactional Messages

By booking an appointment or becoming a client, you consent to receive transactional communications, including but not limited to:

  • Calendar confirmations

  • Appointment reminders via SMS or email

  • Payment confirmations

  • Service notifications

These messages are considered transactional and may be sent even if marketing messages are opted out, as permitted by law.

11D. Marketing Communications

Viral Mamba may send promotional or informational messages related to its services. You may unsubscribe from marketing emails at any time using the link provided in the message.

Marketing opt-outs do not apply to transactional or service-related communications.

11E. Client Use of Communication Tools

If Viral Mamba provides communication tools (SMS, chat, AI assistants, missed-call text back, etc.) on behalf of a client:

  • The client is responsible for ensuring compliance with all applicable laws

  • Viral Mamba acts as a service provider, not the sender of record

  • The client represents that they have obtained proper consent from their customers

Viral Mamba is not liable for misuse of communication tools by clients.

11F. AI-Assisted Messaging Disclosure

Certain messages may be generated or assisted by artificial intelligence systems to improve response speed and service quality. These messages are informational and designed to support business communications.

   
Chapter XII

Termination

Viral Mamba may terminate or suspend services for:

  • Non-payment

  • Abuse of services

  • Violation of these Terms

Clients may cancel after the minimum commitment by providing written notice.

   
Chapter XIII

Limitation of Liability

Viral Mamba is not liable for indirect, incidental, or consequential damages, including lost profits, business interruption, or data loss.

Our total liability is limited to the amount paid by the client in the three months preceding the claim.

   
Chapter XIV

Dispute Resolution

Disputes will be addressed in good faith. If unresolved, disputes will be governed by the laws of the state in which Viral Mamba operates.

   
Chapter XV

Modifications to Terms

Viral Mamba may update these Terms at any time. Continued use of services constitutes acceptance of updated Terms.