Terms of Service

Last updated: September 22, 2026

Note: The German version of these Terms is legally binding. This English version is provided for information purposes only (see "Final Provisions").

Scope

These Terms of Service ("Terms") apply to all contracts between 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, represented by its management, hereinafter the "Provider", and its customers ("Customer") regarding the use of the web-based SaaS service viral.app.

The service is offered exclusively to entrepreneurs within the meaning of Sec. 14 German Civil Code (BGB), legal entities, or special funds under public law. Consumers within the meaning of Sec. 13 BGB are excluded. By registering, the Customer represents that it is acting in the exercise of its commercial or independent professional activity. The Provider may request suitable information and evidence for this purpose (for example, company name, commercial register number, VAT identification number). If it later turns out that the Customer is a consumer, the Provider is entitled to terminate the contract for cause. The use of viral.app as a creator is governed by the Creator Terms of Use.

Subject Matter of the Contract

The Provider makes the web application viral.app available to the Customer over the internet as Software-as-a-Service (SaaS). Access is provided via a web interface; the Provider may offer additional means of access (for example, application programming interfaces).

Conclusion of the Contract

The contract is concluded when the Customer registers on the viral.app platform and the Provider accepts the registration. Alternatively, a contract may be concluded in writing.

The Customer represents that neither it nor the persons to whom it grants access are subject to sanctions of the European Union, the United Nations, or the Federal Republic of Germany, and that it does not use the service from a comprehensively sanctioned country or territory. Otherwise, the Provider may refuse to conclude the contract or block access.

Services of the Provider

Provision of the current version of viral.app
Storage of the data entered by the Customer
Access via the internet; availability is governed by the section "Availability and Liability"
Technical support according to the selected plan

The Provider reserves the right to further develop the software functionally and technically, provided that this is reasonable for the Customer.

The Provider may determine and change the frequency, cadence, scope, and timing of tracking, synchronization, refreshes, and data collection at its reasonable discretion. This includes different schedules depending, for example, on content age, platform, plan, technical availability, or data-source limitations. Such operational changes may be made without separate notice, provided the Customer can continue to use the service in a reasonable manner. A minimum frequency of tracking, synchronization, or refreshes that is expressly promised in the selected plan remains unaffected by such changes.

Beta and Preview Features

The Provider may designate individual features as beta, preview, or experimental features (for example, new AI-powered features). Such features are provided without any commitment to a particular availability, scope of functionality, or support, may contain errors, and may be changed or discontinued at any time. Liability is governed by the section "Availability and Liability".

Customer Obligations

Provide accurate information when registering
Keep login credentials confidential
Use the service only within the agreed scope and for lawful purposes
Ensure that the Customer holds the necessary rights to the data provided or processed
No unlawful content or actions on the platform
Regularly back up or export essential data, to the extent the Provider offers features for this
No automated bulk queries, no systematic extraction (scraping) of the service or of the data available through it, and no provision of the service or its results to third parties beyond the agreed scope of use
Keep confidential the credentials and authorizations for third-party services stored with the Provider (for example, API keys, OAuth grants); if a compromise is suspected, revoke or rotate them without undue delay and inform the Provider

Indemnification

The Customer shall indemnify the Provider against all third-party claims arising from the Customer's unlawful use of the service or from the infringement of third-party rights in the data and content provided or processed by the Customer, including the reasonable costs of legal defense. This does not apply if the Customer proves that it is not responsible for the infringement. The Customer shall inform the Provider of any claims asserted without undue delay and reasonably support the Provider in its defense.

Scope of Use and Fair Use

The permitted scope of use, in particular the number of tracked accounts and videos and the permitted query volume, is determined by the plan selected by the Customer. If the Customer's use significantly exceeds the agreed scope or impairs the availability or stability of the service for other customers, the Provider may temporarily throttle the affected features. The Provider will inform the Customer of this without undue delay and offer an adjustment of the plan. Further rights of the Provider, in particular suspension under the section "Payment Terms", and statutory rights remain unaffected.

Security and Integrity of the Service

The Customer uses the service only through the interfaces provided by the Provider and the documented APIs. In particular, it is not permitted to

gain or attempt to gain unauthorized access to the service, to other users' accounts, or to the Provider's systems, to search for or exploit security vulnerabilities, or to carry out penetration tests, vulnerability scans, or load tests without the Provider's prior consent in text form,
introduce malware or disrupt or overload the service through excessive requests or other interference,
circumvent or disable security, authentication, or access controls, plan and usage limits, rate limits, verifications, or payment processes,
use the service or extract data with bots, scripts, crawlers, or other automated means, unless this happens through the documented APIs within the selected plan,
decompile, disassemble, or otherwise reverse engineer the software or derive source code, algorithms, or models, except where Sections 69d and 69e of the German Copyright Act (UrhG) mandatorily permit this,
use the service, its content, or the data and results obtained through it to develop, replicate, or operate a competing offering or to train AI models for such an offering,
collect or export other users' personal data, in particular creators' contact details, outside the functions of the service intended for this purpose.

User accounts are personal: every person who uses the service for the Customer uses their own user account. The Customer sets its users' permissions, removes access for people who leave without undue delay, and is responsible for the actions of the persons to whom it grants access. Sharing, passing on, or selling user accounts is not permitted; reassigning an account when staff changes remains permitted. If the Customer discovers a security vulnerability, it reports it to hello@viral.app without undue delay, without exploiting it or disclosing it to third parties; good-faith reports are expressly welcome.

If there is a specific risk to the security of the service or of other users, or if the Customer seriously breaches this section, the Provider may temporarily block the Customer's access or individual user accounts in whole or in part, to the extent necessary to avert the risk. It informs the Customer without undue delay and lifts the block as soon as the reason no longer applies. In the case of less serious breaches, the Provider first gives the Customer 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 Customer may not create a new account without the Provider's consent. The right to terminate for cause and claims for damages remain unaffected.

Rights of Use, Rights to Data and Results

The Customer receives a simple (non-exclusive), non-transferable, and non-sublicensable right to use the viral.app software for the term of the contract. By way of exception, if the Customer acts as an agency or service provider, it may also use the service to provide services to its own clients, provided that it does not grant them their own access, informs them about the use of the service, and is responsible for their conduct as for its own.

All rights to the data and content entered by the Customer and to its configuration of the service, in particular the selection of tracked accounts, campaigns, and prompts (together "Customer Data"), remain with the Customer; data from publicly available sources is not Customer Data (see the section "Use of Data to Improve the Service"). The Customer grants the Provider the simple (non-exclusive), territorially unrestricted right to store, reproduce, edit, analyze, and transfer the Customer Data to service providers engaged by the Provider, for the term of the contract and for the period required for its wind-down after the end of the contract (in particular data export and statutory retention), to the extent necessary to provide the contractually owed services.

The Customer receives a simple (non-exclusive), perpetual right to use the analyses, reports, and payout proposals generated by the service for its own business purposes. All rights to the platform itself, in particular to the software, data models, calculation logic, methods, and forms of presentation, remain with the Provider. The section "Use of Data to Improve the Service" remains unaffected.

If the Customer submits suggestions, ideas for improvement, or other feedback, the Provider may use it free of charge and without restriction to further develop its services; confidential information of the Customer must not be disclosed in doing so.

Accounts are personal and must not be shared by several people; the number of permitted accounts is determined by the selected plan. The Customer may reassign accounts to other people when staff changes. The Customer is responsible for all actions taken through the accounts assigned to it.

Fees

The use of viral.app is subject to a recurring fee according to the subscription model selected by the Customer. If the selected plan includes usage allowances (for example, team seats, tracked accounts or videos, creators, or credits), usage beyond them may be charged additionally at the usage-based prices shown in the service or in the pricing overview. Paid credits beyond the allowance included in the plan are only charged if the Customer has enabled this in the service. All prices are net and exclusive of statutory VAT unless expressly stated otherwise.

The Customer shall inform the Provider of its registered seat and, if available, its VAT identification number and keep this information up to date. If additional tax claims or extra costs result from incorrect or outdated information provided by the Customer, the Customer shall bear them.

Price Changes

The Provider may change subscription prices and plan fees at its reasonable discretion (Sec. 315 BGB), in particular to pass on changes in its own costs (for example, for hosting, licenses, data procurement, or personnel). If these costs decrease, the Provider will reduce prices in the same manner and to the same extent; the development of total costs is decisive in each case. The Provider will inform the Customer of price changes in text form at least 30 days before they take effect.

For ongoing subscriptions, price changes apply only from the beginning of the next billing period or renewal term. In the event of a price increase, the Customer may terminate the contract, up until the change takes effect, with effect as of the day before it takes effect; the Provider will point this out separately in the notice. If, by way of exception, a price change takes effect during a billing period that has already been paid and the Customer terminates, the Provider will refund the unused prepaid period pro rata. If the Customer does not terminate, the new price applies from the effective date.

Payment Terms

Fees are billed monthly or annually in advance via the payment methods offered by the Provider; usage-based fees are billed in arrears for the respective billing period. Payments may be processed by a payment processor engaged by the Provider acting as merchant of record; its terms additionally apply to the payment process and invoicing. If the Customer is in default of payment with an amount that is not merely insignificant, the Provider may temporarily suspend access to the software after having sent the Customer a reminder, set a reasonable grace period, and announced the suspension. The Customer's payment obligation remains unaffected by the suspension; further statutory rights of the Provider are reserved. The Customer may only set off claims that are undisputed or have been finally established by a court; the Customer may only exercise a right of retention on the basis of claims arising from the same contractual relationship.

Before the Customer has a payment reversed or disputed with its bank, card issuer, or a payment service provider (chargeback), it contacts the Provider and gives it a reasonable opportunity, generally ten business days, to resolve the matter. The Customer does not initiate chargebacks for authorized payments for services that were made available and does not use chargebacks as a substitute for terminating the contract or raising a complaint with the Provider. In the event of an unjustified chargeback, the Customer bears the resulting fees and costs, and the Provider may block access until the matter is resolved; the payment obligation remains. The Customer's statutory rights remain unaffected.

Refunds

Except as expressly provided otherwise in these Terms, in particular under "Price Changes", or as required by mandatory law, fees already paid for viral.app are non-refundable and will not be credited. The Customer's right to terminate for cause for a reason for which the Provider is responsible remains unaffected; in this case, the Provider will refund prepaid fees pro rata for the period after the termination takes effect.

Cancellation or downgrade of a subscription takes effect only at the end of the current billing period and does not give rise to a claim for a refund or credit for unused time, unused features, or partial periods already billed.

If the Provider offers a free or discounted trial that automatically converts into a paid subscription unless canceled in time, the Customer is responsible for canceling before the trial ends. Once the paid subscription period has begun, no refund will be made merely because the Customer forgot to cancel the trial or did not actively use the service after the conversion.

Payouts, Calculations, and Payment Service Providers

viral.app may calculate performance-based payout amounts or other financial values based on analytics data, third-party data, or Customer inputs. These calculations are estimates and are provided for informational purposes only. The Customer remains solely responsible for reviewing and approving payout amounts or financial data before they are used or transmitted to a payment service provider. The Customer's approval is the authoritative instruction for every transmission to a payment service provider.

The Provider is not a credit institution, payment institution, or financial services provider. The Provider does not hold, safeguard, transfer, or execute payments. The Provider only forwards payout proposals approved by the Customer and the associated data to the payout service provider selected by the Customer (for example, Talentir). In doing so, the Provider acts exclusively as a technical service provider bound by the Customer's instructions and at no time comes into possession of Customer funds. The binding instruction to execute a payout is given by the Customer directly in the payout service provider's system. A separate contractual relationship for the payout services is formed directly between the Customer or the payee and the payout service provider; the payout service provider's terms apply exclusively to it. The Provider uses credentials stored or authorizations granted by the Customer for the payout service provider (for example, API keys or OAuth grants) exclusively to transmit approved payout proposals and protects them with appropriate technical measures. The payout service provider is solely responsible for holding balances, executing payments, compliance, and all related services. Subject to the section "Availability and Liability", the Provider is not liable for acts, omissions, errors, or delays of a payment service provider.

Creator Marketplace and Contracts with Creators

viral.app may provide features through which the Customer can find creators, publish jobs or briefs, receive applications, communicate with creators, and manage agreements with them. Contracts for creator services are concluded exclusively between the Customer and the respective creator; the Provider does not become a party to them, does not act as an agent or broker for either party, and owes neither the creator's performance nor the Customer's payment. The Customer is solely responsible for the content, conclusion, and performance of these contracts, including the agreed compensation, the grant of rights to content, advertising disclosure obligations, and their classification for tax, social security, and employment law purposes. Templates, samples, or standard texts provided by the Provider (for example, for briefs or agreements) are non-binding aids and do not constitute legal advice. Creator profile information and metrics are based on information provided by creators and on platform data; the section "Analytics, Data, and Results" applies accordingly.

The Customer may use creator profile and contact data it receives through the service solely to evaluate, initiate, carry out, and administer a collaboration with the respective creator. In particular, the Customer may not export, automatically extract, disclose, or sell such data, enrich it with data from other sources, use it for advertising or mass outreach unrelated to a specific collaboration, or recruit creators for other platforms, agencies, or payment services. A creator's contact details such as address, email address, or phone number are only released once the creator works with the Customer or releases them.

If the Customer invites persons through the service (for example, by email address or social media handle), the Customer represents that it is entitled to contact them and that doing so complies with applicable data protection and unfair competition law. Invited persons only take part after registering themselves. The Customer does not upload sensitive data or data not required for the feature, in particular no payment or bank details, identity documents, or health data.

The Customer is solely responsible for the legality, safety, labeling, and substantiation of its products, services, and offers and of the statements, scripts, talking points, and materials it specifies or approves for creators. It complies with applicable advertising, consumer protection, youth protection, and industry-specific laws and with the platforms' rules, and does not direct creators to make false, misleading, unsubstantiated, or undisclosed statements. Job postings, campaigns, and briefs for illegal products or services, with unlawful statements, or with unlawful targeting are not permitted; age-restricted products may not be advertised specifically to minors. For higher-risk subjects, such as gambling, alcohol, tobacco and nicotine products, health and medical products, financial products and crypto assets, or political content, the Provider may request additional information or restrictions and may reject, pause, or remove job postings.

The Provider does not owe that creators apply, match a job posting, enter into agreements, or perform their services, nor any particular reach, engagement, revenue, or other result.

Non-Circumvention

If the Customer got to know a creator through the service (for example, through a job posting, an application, an invitation, or the creator search), the Customer may not, during the term of the contract and for 24 months after the first contact through the service or after the last collaboration with that creator managed through the service, whichever is later, agree on or carry out a collaboration outside the service, or pay 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 affiliated companies, agencies, other platforms, or payment services. It does not apply to relationships that demonstrably existed before the first contact through the service.

For each culpable prohibited collaboration, the Customer owes liquidated damages of EUR 1,000 or, if higher, the fees and commissions the Provider would have received had the collaboration been handled through the service. The Customer remains entitled to prove that no damage or significantly less damage was incurred; the Provider remains entitled to prove higher damage.

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.

Advertising and Ad Accounts

If the Customer connects ad accounts to the service (for example, on TikTok or Meta), the Customer authorizes the Provider to act in these accounts within the permissions granted by the Customer and the budgets, run times, and parameters set or approved by the Customer, to the extent necessary for the features used by the Customer, in particular to create, configure, pause, and evaluate campaigns and ads and to use creators' authorizations to use their content (for example, Spark Ads codes or partnership ad permissions). The Provider will not knowingly exceed an approved budget.

The Customer retains control over its ad accounts, budgets, and payment methods; the advertising platforms invoice their fees directly to the Customer. The Customer is responsible for the content and lawfulness of its ads, their labeling, compliance with the advertising platforms' policies, the necessary usage rights to creators' content, and respecting revoked authorizations. If the Customer uses audience or customer lists, the Customer represents that it has provided the required information, obtained the required consents, and has a legal basis for doing so.

The Provider is not responsible for decisions and changes by the advertising platforms, such as ad rejections, account restrictions or suspensions, changes to policies or algorithms, attribution discrepancies, outages, or creators revoking authorizations, and does not owe any particular reach, performance, or return. Liability is governed by the section "Availability and Liability".

Analytics, Data, and Results

Analytics, metrics, reports, and other results, including AI-powered analyses and answers, are based on data from platforms, third-party sources, and Customer inputs. Such data may be incomplete, delayed, inaccurate, or changed by the underlying sources. The Provider owes the provision of the analytics features, not a particular substantive result or the accuracy, completeness, and timeliness of the underlying third-party data; liability is governed by the section "Availability and Liability". Analytics and results must not be used as the sole basis for business, financial, or legal decisions.

AI-Powered Features

The Provider may offer AI-powered features, such as an assistant (Copilot), recommendations and rankings of creators, summaries, and drafts of job postings, campaigns, briefs, and messages. Such features may make suggestions and, on the Customer's instruction or after its approval, carry out actions in the service, for example creating campaigns and payout rules, publishing job postings, inviting creators, or sending messages.

AI results may be incomplete, inaccurate, or different from what was intended. The Customer reviews suggestions before approving them, in particular amounts, payout rules, messages, and invitations. An action carried out on the instruction or after the approval of the Customer or its users, including a standing approval granted in the settings, counts as an action of the Customer. The Customer may not configure the service or connected AI assistants to circumvent the service's confirmations, approvals, or safeguards. AI-powered features do not provide legal, tax, financial, or other professional advice. Liability is governed by the section "Availability and Liability".

Third-Party Services and Data Sources

viral.app may be integrated with or rely on third-party services and data sources (for example, TikTok, Instagram, YouTube, Facebook, Snapchat, or payout service providers). The Provider has no control over these services and is not responsible for their availability, accuracy, changes, or failures. The use of third-party services is subject to the respective third-party terms.

If a third-party data source that is essential to the service ceases permanently or changes its terms materially, the Provider may adapt or discontinue the affected features, to the extent this is reasonable for the Customer. If the use of the service as a whole is materially restricted as a result, both parties may terminate the affected services with reasonable notice; in this case, prepaid fees will be refunded pro rata.

APIs and AI Connectors

The Provider may offer application programming interfaces (APIs), webhooks, and interfaces for connecting AI assistants (for example, via the Model Context Protocol). Their use is subject to the selected plan and the current documentation.

API keys and access tokens are each bound to one organization and must be kept confidential. The Customer is responsible for all use made with its credentials and revokes them without undue delay if misuse is suspected. The Customer alone is responsible for applications and AI assistants it connects; data the Customer retrieves via the interfaces is transmitted to these applications at the Customer's request, and the Provider is not responsible for their processing, outputs, or actions.

The Customer complies with the documented usage limits (for example, rate and volume limits) and may not circumvent them. In particular, bulk retrieval or export of data beyond the agreed scope of use, passing on or reselling access to third parties, and using the interfaces to build a competing offering are not permitted.

The Provider may further develop and change the interfaces. It will give reasonable advance notice, usually at least 30 days, of changes that make existing, generally available features incompatible or remove them, unless the change is required at short notice for security reasons, due to legal requirements, or because of changes by third-party providers; interfaces marked as beta or preview may be changed at any time. No availability commitment beyond the section "Availability and Liability" applies to the interfaces. The Provider may block credentials if there is a security risk, misuse, or a significant excess of the usage limits.

Data and results obtained through the service or the interfaces may not be used to train, fine-tune, or improve general-purpose AI models, or be made available to third parties for this purpose, without the Provider's prior consent in text form. Processing by a connected AI assistant remains permitted to the extent it is necessary for the feature used by the Customer and the assistant's provider does not use the data to train its models.

Use of Data to Improve the Service

The Provider may use aggregated and anonymized usage data, analytics data, and service metrics (that is, data without any personal reference within the meaning of the GDPR and from which no conclusions can be drawn about the Customer, its trade secrets, or individual creators) to operate, analyze, improve, and further develop viral.app and related services. This includes internal analyses, benchmarking, and feature development. The rights to such aggregated and anonymized data belong to the Provider; the right to use them continues after the end of the contract. Personal data is processed exclusively in accordance with the Privacy Policy.

Data that the Provider collects from publicly available sources of the supported platforms is not Customer data. The Provider may use it independently of this contract for all customers and features, in particular for platform-wide analyses such as trend and discovery views. The Provider does not use a Customer's non-public data, in particular its tracked accounts, campaigns, prompts, and search queries, to generate results for other customers.

Confidentiality

The parties shall treat as confidential all non-public information of the other party obtained in the course of performing the contract, in particular campaign structures, compensation models and conditions, analysis results, technical information, and the prices and content of this contract. They shall use such information solely to perform the contract and make it available only to employees, affiliated companies, and service providers who need it to perform the contract and who are bound by corresponding confidentiality obligations.

This obligation does not apply to information that is or becomes publicly known without a breach of this agreement, that was already known to the receiving party, that it developed independently or lawfully received from third parties, or to the extent that disclosure is required by law or by a public authority; in the latter case, the disclosing party shall inform the other party to the extent legally permissible.

The confidentiality obligations survive for three years after the end of the contract; for trade secrets within the meaning of the German Trade Secrets Act (GeschGehG), they continue for as long as the relevant requirements are met.

Availability and Liability

The Provider aims for an average software availability of 99% on an annual basis; planned maintenance and circumstances beyond the Provider's control may reduce availability.

The Provider does not warrant that every individual scheduled synchronization, refresh, import, or data collection run will be completed successfully or at a particular time. Individual runs may fail, be delayed, or be skipped due to technical errors, maintenance, rate limits, changes to third-party APIs, platform outages, or similar operational reasons. A single failed, delayed, or skipped run does not by itself give rise to any claim for a refund, credit, damages, or other claims, subject to the liability provisions below.

The Provider's strict (no-fault) liability for defects that already existed when the contract was concluded is excluded (Sec. 536a (1) alternative 1 BGB).

The Customer shall notify the Provider of defects in text form without undue delay after discovering them and describe them so that they can be reproduced, in particular by stating the time, the affected feature, and the steps to reproduce them. The Provider will remedy defects within a reasonable period; it may also do so by providing a reasonable workaround, provided that the contractual use is not materially impaired as a result.

The Customer may only claim a reduction of fees for the period from receipt of the defect notice. The Customer shall assert claims for a reduction of fees not by withholding current payments, but by reclaiming fees overpaid. Termination for cause because the contractual use has not been granted requires that the Customer has first set the Provider a reasonable deadline to remedy the defect and that this deadline has expired without success; Sec. 543 (3) sentence 2 BGB remains unaffected.

The Provider is liable without limitation for intent and gross negligence, for injury to life, body, or health, and where liability is mandatory under statutory law.

In the event of a slightly negligent breach of duty, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations); liability is limited to the damage typically foreseeable, and in total to the fees paid by the Customer to the Provider in the twelve months preceding the event giving rise to the damage. Essential contractual obligations are obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. Several damage events based on the same cause or on several causes of the same kind count as one damage event; the time of the first damage event is decisive for calculating the maximum amount.

Subject to the provisions above, the Provider is not liable for indirect damages, lost profits, or business decisions based on analytics, reports, or payout calculations.

Subject to the provisions above, there is no liability for loss of data to the extent that the damage would not have occurred had the Customer backed up its data properly and regularly.

Claims of the Customer for damages become time-barred twelve months after the start of the statutory limitation period, except in the cases of unlimited liability under this section.

Term, Termination, and End of Contract

Contracts for paid subscriptions have the term selected in the respective plan (monthly or annual) and renew for the selected term unless terminated. Either party may terminate at any time with effect as of the end of the current billing period. The right of both parties to terminate for cause remains unaffected. Terminations must be made at least in text form or via the function provided for this purpose on the platform.

After the end of the contract, upon request made within 30 days, the Provider will make the data entered by the Customer available for export free of charge in a common, structured, and machine-readable format. After this period, the Provider is entitled to delete the Customer's data unless statutory retention obligations prevent this.

Force Majeure

Neither party is liable for failing to perform its obligations (except payment obligations) if and for as long as the failure is due to force majeure, for example natural disasters, war, measures by public authorities, large-scale outages of the internet, power supply, or cloud infrastructure, or attacks on IT systems despite reasonable protective measures. The affected party shall inform the other party without undue delay. If the impediment lasts longer than 60 days, either party may terminate the affected services; prepaid fees will be refunded pro rata.

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, 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.

Data Protection

The Provider processes personal data exclusively in accordance with applicable data protection laws. Details are set out in the Privacy Policy.

To the extent the Provider processes personal data on behalf of the Customer, the parties conclude the Provider's Data Processing Agreement pursuant to Art. 28 GDPR, which is available in its current version at viral.app/de/rechtliches/avv (English version at viral.app/legal/dpa) and becomes part of the contract upon conclusion of the contract. The sub-processors listed there (for example, hosting and AI providers) are deemed approved; the Customer will be informed of changes and may object for good cause relating to data protection.

References

The Provider may use the Customer's name and logo as a reference on its website and in sales and marketing materials. The Customer may object to this at any time in text form; the Provider will then remove the reference from its own channels within a reasonable period.

Changes to These Terms

The Provider reserves the right to amend these Terms with effect for the future. Changes will be communicated to the Customer by email at least 30 days before they take effect. If the Customer does not object within this period, the changes are deemed approved. If the Customer objects, the Provider may terminate the contract as of the date the change takes effect and will refund fees paid in advance for the period thereafter on a pro-rata basis. The deemed approval does not apply to changes that materially alter the core services or the relationship between services and fees; such changes require the Customer's express consent. In the notice of change, the Provider will separately point out to the Customer the right to object, the deadline, and the significance of its silence.

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).

The place of jurisdiction is Jena, Germany, if the Customer is a merchant (Kaufmann).

Individually negotiated agreements take precedence over these Terms. Amendments and supplements to the contract must be made at least in text form; this also applies to any waiver of this text form requirement.

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.

The Customer may only transfer rights and obligations under this contract to third parties with the Provider's prior consent; consent must not be unreasonably withheld. The Provider may transfer its rights and obligations under this contract to an affiliated company or, in the course of a conversion, merger, or sale of its business, to a legal successor.

Should any provision of these Terms be wholly or partially invalid, the validity of the remaining provisions remains unaffected.