Terms of Service

Scope

These Terms and Conditions apply to all contracts between FMD Labs GmbH, Ernst-Haeckel-Platz 5/6, 07745 Jena, registered with the Commercial Register at the Local Court of Jena, HRB 523255, represented by its management – hereinafter referred to as the "Provider" – and its customers ("Customer") regarding the use of the web-based SaaS service viral.app.

The service is offered exclusively to business customers (entrepreneurs within the meaning of Sec. 14 German Civil Code (BGB), legal entities, or public-law special funds). Consumers within the meaning of Sec. 13 BGB are excluded. If a consumer registers, no contract is formed.

Subject of the Contract

The Provider grants the Customer access to the web application viral.app via the internet as a Software-as-a-Service (SaaS) solution. Use is limited to browser-based access.

Conclusion of the Contract

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

Services Provided by the Provider

• Provision of the current version of viral.app
• Storage of Customer-entered data
• Internet access to the platform at all times, except during planned maintenance
• Technical support as per the selected subscription plan

The Provider reserves the right to further develop the software functionally and technically, provided that the changes are 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 based on factors such as 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.

Customer Obligations

• Provide accurate information during registration
• Keep login credentials confidential
• Use the software only within the agreed scope and for lawful purposes
• Ensure that the Customer has the necessary rights to the data provided or processed
• Avoid illegal content or actions on the platform

Usage Rights

The Customer receives a non-exclusive, non-transferable, and non-sublicensable right to use viral.app for the duration of the contract.

Fees

The use of viral.app is subject to a recurring fee according to the selected subscription plan. All prices are exclusive of statutory VAT unless explicitly stated otherwise.

Price Changes

The Provider may change subscription prices and plan fees at any time. The Provider will notify the Customer of price changes at least 30 days before they take effect.

For ongoing subscriptions, price changes generally apply only from the beginning of the next billing period or renewal term. If a price change is announced to take effect during a billing period that has already been paid, the Customer may terminate the contract with effect on the day before the change takes effect. In this case, the Provider will refund the unused prepaid portion pro rata. Continued use after the effective date constitutes acceptance of the new price.

Payment Terms

Billing is done monthly or annually in advance via the payment methods provided by the Provider. Access to the software may be suspended in the event of payment default.

Refunds

Except as expressly stated in these Terms, including under "Price Changes", or as required by applicable law, all fees paid for viral.app are non-refundable, and no credits will be issued.

Cancellation or downgrade of a subscription takes effect at the end of the current billing period and does not entitle the Customer to a refund or credit for unused time, unused features, or any partial billing period 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 started, the Provider does not issue refunds merely because the Customer forgot to cancel the trial or did not actively use the service after the conversion.

Payouts, Calculations, and Payment 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 verifying and approving any payout amounts or financial data before use or submission to any payment provider.

The Provider is not a bank, payment institution, or financial services provider. The Provider does not hold, safeguard, transfer, or execute payments. The Provider only forwards Customer-approved amounts or instructions to the Customer's chosen payout provider (for example, Talentir). The payout provider is solely responsible for holding balances, executing payments, compliance, and all related services. The Provider is not liable for acts, omissions, errors, or delays of any payout provider.

Analytics, Data, and Outputs

Analytics, metrics, reports, and other outputs 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 does not guarantee the correctness, completeness, or timeliness of any analytics or outputs. All analytics and outputs are provided "as is" without warranty and must not be relied upon as the sole basis for business, financial, or legal decisions.

Third-Party Services and Data Sources

viral.app may integrate with or rely on third-party services and data sources (for example, TikTok, Instagram, YouTube, Facebook, Snapchat, or payout 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.

Data Usage for Service Improvement

The Provider may use aggregated and anonymized usage data, analytics data, and service metrics to operate, analyze, improve, and develop viral.app and related services. This includes internal analytics, benchmarking, and feature development. Personal data is processed only as described in the Privacy Policy.

Availability and Liability

• The Provider aims for an average software availability of 99% per year; planned maintenance and circumstances outside the Provider's control may reduce availability.
• The Provider does not guarantee that every individual scheduled sync, refresh, import, or data collection run will complete successfully or at a specific time. Individual runs may fail, be delayed, or be skipped because of technical errors, maintenance, rate limits, third-party API changes, platform outages, or similar operational reasons. A single failed, delayed, or skipped run does not by itself create a refund, credit, damages, or other claim, unless mandatory law provides otherwise.
• The service, analytics, and outputs are provided "as is". The Provider does not provide warranties of any kind, including warranties of accuracy, quality, or fitness for a particular purpose.
• The Provider is liable without limitation for intent and gross negligence, as well as for injury to life, body, or health and under mandatory statutory liability.
• In cases of slight negligence, the Provider is only liable for breaches of essential contractual obligations (cardinal obligations); liability is limited to typical, foreseeable damages.
• The Provider is not liable for indirect damages, loss of profits, or economic decisions based on analytics, reports, or payout calculations.
• The Provider is not liable for data loss if the Customer has not fulfilled the obligation to back up data regularly.

Data Protection

The Provider processes personal data in accordance with applicable data protection laws. For details, please refer to the Privacy Policy.

Changes to the Terms

The Provider reserves the right to change these Terms and Conditions with future effect. Changes will be communicated to the Customer at least 30 days before they take effect via email. If the Customer does not object within this period, the changes are deemed accepted. If the Customer objects, the Provider may terminate the contract at the effective date.

Final Provisions

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• The place of jurisdiction is Jena, if the Customer is a merchant.
• If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected.