Terms and Conditions

Effective Date: May 2, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE VIRALYST APPLICATION OR SERVICES.

These Terms and Conditions ("Terms") govern your access to and use of the Viralyst mobile application ("App"), the website located at https://viralyst.ai/ ("Website"), and all associated services, features, content, and analysis provided by Viralyst ("we," "us," or "our") (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy (available at https://viralyst.ai/privacy-policy), which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Service.

1. Acceptance of Terms & Eligibility

Binding Agreement: These Terms form a legally binding agreement between you and Viralyst.

Eligibility: You must be at least 18 years old or the age of legal majority in your jurisdiction to use the Service independently.

Age Requirement: The Service is intended for users who are at least 18 years old or the age of legal majority in their jurisdiction. If you are between the ages of 13 and 18 (or the applicable age of majority), you may only use the Service under the supervision and with the explicit permission of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Service, you represent that you meet these age requirements or have obtained necessary parental/guardian consent. We do not knowingly collect personal information from children under 13. If you are a parent or guardian permitting a person under 18 ("Minor") to use the Service, you agree to:

• supervise the Minor's use;
• assume all risks associated with the Minor’s use;
• assume any liability resulting from the Minor’s use;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• assume responsibility and be bound by these Terms for the Minor’s access and use. Updates: We reserve the right to modify these Terms at any time. We will notify you of significant changes (e.g., via email, in-app notification, or posting on our Website). Your continued use of the Service after the effective date of such changes constitutes your acceptance of the revised Terms.

2. The Service

Description: Viralyst provides a mobile application and related services designed to help content creators analyze the potential virality of their short-form video content (initially Instagram, with planned expansion to TikTok) using multimodal Artificial Intelligence (AI). The Service includes features such as individual content analysis (visual, audio, verbal hooks, emotion detection, script analysis, etc.), profile-level analysis, competitor analysis, actionable recommendations, and content idea generation ("AI Analysis").

Informational Purposes Only: The AI Analysis, recommendations, scores, and insights provided by the Service are for informational and educational purposes only. Viralyst does not guarantee any specific results, including increased views, engagement, followers, or virality. Social media platform algorithms and audience behavior are complex and constantly changing factors beyond our control.

AI Limitations: You acknowledge that AI technology is complex and evolving. The AI Analysis may contain inaccuracies, errors, omissions, or reflect biases present in the data used to train the AI models. The analysis is based on patterns identified by the AI models and available data, which may not always be complete, current, or fully representative.

Availability: We strive to keep the Service operational, but we do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or factors beyond our reasonable control (including reliance on third-party services). We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice or liability.

Chat Feature: The Service may include a feature allowing you to interact with and query the data associated with your account (such as your uploaded media references, AI Analysis results, performance metrics, and historical data) via a chat interface ("Chat Feature"). Your interactions within the Chat Feature may be logged and analyzed to improve the feature and provide the service. You are responsible for the queries you submit. The responses are generated based on the stored data and may be subject to the same AI limitations and disclaimers applicable to the AI Analysis.

3. License Grant and Restrictions

License: Subject to your compliance with these Terms, Viralyst grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download, install, and use the App on mobile devices that you own or control, solely for your personal or internal business purposes related to content creation analysis.
• Access and use the Service through the App and the Website. Apple App Store Users: If you obtained the App through the Apple App Store, your license is further subject to the terms of the Licensed Application End User License Agreement ("Standard EULA") set forth by Apple, available at the time of download. These Terms supplement the Standard EULA. Specifically, the scope of the license granted herein is limited to use on Apple-branded products you own or control as permitted by Apple's Usage Rules.

Google Play Store Users: If you obtained the App through the Google Play Store, your use is also subject to the Google Play Terms of Service.

Restrictions: You agree not to:

• Copy, modify, translate, adapt, or create derivative works of the Service (except as expressly permitted for your own content analysis outputs).
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any underlying AI models or software (except as and only to the extent permitted by applicable law).
• Rent, lease, loan, sell, sublicense, distribute, assign, transfer, or otherwise make the Service available to any third party, or use it for the benefit of any third party.
• Use the Service for any illegal, harmful, fraudulent, infringing, or unauthorized purpose, or in violation of any applicable laws or regulations (including copyright, data privacy, and platform terms of service).
• Interfere with or disrupt the integrity or performance of the Service, its infrastructure, or the data contained therein.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on or within the Service.
• Use the Service to analyze content that infringes on the intellectual property, privacy, or other rights of any third party.
• Use automated systems (bots, spiders, scrapers) to access, interact with, or extract data from the Service in a way that exceeds typical human use, imposes an unreasonable load on our infrastructure, or violates these Terms, except as explicitly permitted by us (e.g., via an official API, if offered). Prohibition on Developing Competing Services: You may not use the Service, including its features, analysis methods, Output, or underlying concepts, to develop, train, or improve any service or model that competes directly or indirectly with Viralyst.

4. Account Registration and Security

Account: You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and keep your account information updated.

Security: You are responsible for maintaining the confidentiality of your account credentials (including passwords or access methods via third-party logins) and for all activities that occur under your account. Notify us immediately at hey@viralyst.ai of any suspected unauthorized use or security breach. Viralyst is not liable for losses caused by unauthorized use of your account resulting from your failure to keep your credentials secure.

5. User Content and AI Analysis

5.1. Your Content ("Input"): You retain ownership of the original video content, profile information, links, and other data you submit to the Service for analysis ("Input").

5.2. License to Viralyst for Input: By submitting Input, you grant Viralyst a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers, including AI Providers specified in our Privacy Policy), and transferable license to use, reproduce, process, adapt, modify, and analyze your Input solely for the purposes of:

• (a) Providing, operating, maintaining, and improving the specific Service features you request (e.g., generating the AI Analysis).
• (b) Training and enhancing the AI models and algorithms underlying the Viralyst Service. You may opt-out of having your Input used for this specific training purpose as described in our Privacy Policy.
• (c) Developing new features within the Viralyst Service.
• (d) Enforcing these Terms and complying with legal obligations. 5.3. AI Analysis Results ("Output"): The Service generates analysis, scores, recommendations, reports, and other data derived from your Input using our proprietary processes and AI models ("Output"). While you submitted the Input, Viralyst owns the intellectual property rights in the Service itself, its underlying AI models, analysis processes, algorithms, and the specific structure, format, and presentation of the Output.

5.4. Viralyst's Rights to Output: You grant Viralyst a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish (typically in aggregated or anonymized form for public disclosure, unless otherwise agreed), distribute, create derivative works from, and otherwise exploit the Output for any purpose related to Viralyst's current and future business, including but not limited to service improvement, research, development, analytics, benchmarking, marketing, and creating aggregated insights, both during and after the term of this Agreement.

5.5. Your Representations: You represent and warrant that:

• (a) You own or have all necessary licenses, rights, consents, and permissions to submit the Input to the Service and grant the licenses herein.
• (b) Your Input, and Viralyst's use of it as permitted under these Terms, does not and will not infringe upon the intellectual property rights (copyrights, trademarks, patents, etc.), privacy rights, publicity rights, or other rights of any third party.
• (c) Your Input complies with all applicable laws and the terms of service of the relevant social media platforms (e.g., Instagram, TikTok).
• (d) Your Input does not contain viruses, malware, spyware, or other harmful code. 5.6. Responsibility & Sensitive Content: You are solely responsible for your Input and the consequences of submitting it. Viralyst does not endorse any Input. Do not submit Input that contains highly sensitive personal information unrelated to the purpose of virality analysis (e.g., financial details, health information, government ID numbers, private communications not intended for public analysis). While the Service processes Input to perform analysis, Viralyst is not responsible for monitoring or identifying sensitive data beyond what is technically necessary to provide the Service features.

5.7. User Control over Input: Subject to our data retention policies outlined in the Privacy Policy, you may be able to manage or request deletion of your Input associated with your account. The specific methods for deletion requests are described in the Privacy Policy. However, deletion of your Input does not revoke Viralyst's rights to the derived Output as described in Section 5.4, which may be retained and used by Viralyst (often in an aggregated or anonymized format) according to these Terms and our Privacy Policy.

6. Fees, Payments, and Subscriptions

Free Trials/Limited Use: We may offer free trials or limited free usage of the Service, which are subject to change or termination at our sole discretion.

Paid Services: Certain features, usage levels, or analyses require payment, either through one-time purchases (e.g., "Credits") or recurring subscriptions ("Subscriptions").

Credits: Credits may be purchased via In-App Purchases (IAPs) through the Apple App Store or Google Play Store, or via our Website. Credits are consumed when you initiate an analysis or other action explicitly requiring credits.

Subscriptions: Subscriptions provide a specified number of credits and/or access to specific features for a recurring fee (e.g., monthly, annually). Subscriptions are purchased via IAPs or our Website.

Billing and Payment:

• IAPs: Purchases made through the Apple App Store or Google Play are processed by Apple or Google, respectively, and are subject to their payment terms, conditions, and privacy policies. You must have a valid payment method associated with your app store account.
• Web Purchases: Purchases made via our Website are processed by our third-party payment processors (e.g., Stripe, Paddle). You must provide valid, accurate, and complete payment information. You authorize us (through our processor) to charge your chosen payment method for the selected Services. Automatic Renewal (Subscriptions): Unless you cancel your Subscription before the end of the current billing period through the appropriate channel (App Store settings, Google Play settings, or your account settings on our Website), your Subscription will automatically renew for successive periods of the same duration at the then-current price. You authorize us (or the relevant app store/payment processor) to charge the applicable Subscription fee using the payment method on file.

Cancellation: You can cancel your Subscription at any time through your Apple App Store or Google Play Store account settings if purchased via IAP, or through your account settings on our Website if purchased there. Cancellation will be effective at the end of the current billing period. You must cancel according to the platform's rules (which may require cancellation 24 hours or more before renewal) to avoid being charged for the next period.

Price and Feature Changes: Viralyst reserves the right to change the fees (for Subscriptions, Credits, or other features), credit amounts provided per subscription tier, or the features included in any part of the Service at any time. We will provide you with reasonable prior notice of any price changes or significant feature modifications affecting your existing Subscription (e.g., via email or in-app notification). Your continued use of the Service after the effective date of such changes constitutes your agreement to the new terms. Changes to one-time Credit purchases will be effective immediately upon posting the new prices.

Credit Usage: Credits associated with a Subscription are available for use during the active subscription period. Unused subscription credits expire at the end of the subscription period and do not roll over unless explicitly stated otherwise. Credits purchased separately may have their own expiration terms disclosed at the time of purchase. A credit is typically consumed when an analysis or specific action requiring a credit is initiated by you within the Service.

Cancellation and Refunds: Except where required by applicable law (e.g., mandatory consumer protection rights in Türkiye), no refunds or credits will be provided for partial subscription periods, unused subscription credits upon cancellation or expiration, or unused purchased credits. If a refund is mandated by law or granted by an App Store/payment processor (e.g., due to a verified billing error), any associated remaining credits for the refunded period may be terminated.

Taxes: All fees are exclusive of applicable taxes (like VAT), levies, or duties imposed by taxing authorities, unless explicitly stated otherwise. You are responsible for the payment of all such taxes associated with your purchases.

7. Intellectual Property Rights

Viralyst IP: The Service, including the App, Website, AI models, algorithms, analysis processes, the structure and format of the Output, data visualizations, branding, logos, look and feel, and all underlying technology and intellectual property rights therein, are and will remain the exclusive property of Sertaç Akdoğan and his licensors. These Terms do not grant you any rights to use the Viralyst name, trademarks, logos, or other branding elements beyond the use inherent in accessing the Service.

Feedback: If you provide suggestions, feedback, ideas, or reports about the Service ("Feedback"), you grant Viralyst a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, incorporate, modify, publish, display, and exploit such Feedback for any purpose, without compensation, attribution, or obligation to you.

8. Third-Party Services and Data

Reliance: The Service relies on and integrates with various third-party services, data sources, and platforms, including but not limited to:

• AI service providers (e.g., Google, OpenAI, Anthropic, Perplexity) for processing Input and generating Output.
• Third-party data providers (e.g., Bright Data) for accessing publicly available data from social media platforms.
• Social media platforms (e.g., Instagram, TikTok) via their APIs.
• App Stores (Apple App Store, Google Play Store) for distribution and IAPs.
• Payment processors (e.g., Stripe, Paddle, Apple, Google).
• Subscription management platforms (e.g., RevenueCat, Adapty, Superwall).
• Analytics and tracking providers (e.g., Appsflyer, Adjust, Mixpanel, Superwall, Adapty, Google Analytics, Firebase).
• Cloud hosting and infrastructure providers. (e.g. Google Cloud Platform, Azure, AWS) Third-Party Data Providers Disclaimer: The Service may utilize data obtained from third-party data providers (e.g., Bright Data) who aggregate publicly available information. Viralyst relies on these providers for access to public data needed for features like competitor analysis. While we select reputable providers, Viralyst does not control and is not responsible for the legality, accuracy, or completeness of the data as collected by the third-party provider at its source. Our responsibility under applicable data protection law (like KVKK and GDPR) pertains to how we process the data once we receive it, as outlined in our Privacy Policy. We are not liable for breaches or illegal data collection originating solely from the third-party data provider's systems or methods used to collect data from public sources.

No Endorsement/Responsibility: Viralyst is not responsible for the availability, accuracy, legality, content, security, policies, or practices of these third-party services or data providers. Your use of, or interaction with, third-party services (including linking accounts or processing payments) is subject to their respective terms and policies, which you should review. Accessing data via platform APIs is subject to the limitations and terms set by those platforms, which can change without notice. Viralyst is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party services or data.

Apple/Google Acknowledgment: If you downloaded the App from the Apple App Store or Google Play Store:

• You acknowledge that these Terms are between you and Viralyst, not with Apple or Google.
• Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty (if any not disclaimed), you may notify Apple or Google, and they may refund the purchase price (if applicable) for the App to you; to the maximum extent permitted by applicable law, Apple/Google will have no other warranty obligation whatsoever with respect to the App.
• Viralyst, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation (subject to the limitations of liability in these Terms).
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Viralyst, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim (subject to these Terms).
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

9. Privacy

Your privacy is important to us. Our Privacy Policy (available at https://viralyst.ai/privacy-policy) explains how we collect, use, store, disclose, and protect information about you when you use the Service. By using the Service, you consent to the data practices described in the Privacy Policy.

10. Termination

By You: You may terminate these Terms at any time by ceasing all use of the Service and deleting the App from your devices. You may also delete your account through the available settings or by contacting us at hey@viralyst.ai, subject to our account deletion procedures.

By Viralyst: We may suspend or terminate your access to the Service, or terminate these Terms, at any time and for any reason, with or without notice, including if we believe in good faith that:

• (a) You have breached these Terms or our Privacy Policy.

• (b) You have engaged in fraudulent, abusive, illegal, or harmful activity.

• (c) Termination is required by law, regulation, or requested by a government or regulatory body.

• (d) We are discontinuing the Service or a significant part thereof.

• (e) Your account remains inactive for an extended period (e.g., 12 months), potentially after prior notice.

• (f) Providing the Service to you is no longer commercially viable for us. Effect of Termination: Upon termination for any reason:

• Your license to use the Service granted under these Terms ceases immediately.

• You must stop all use of the Service and uninstall the App.

• We may deactivate or delete your account and associated Input data according to our data retention policies outlined in the Privacy Policy (subject to your deletion rights and legal requirements).

• Any outstanding payment obligations incurred before termination remain due.

• Viralyst's rights to the Output (Section 5.4) and any licenses granted by you for Feedback (Section 7) survive termination.

• Sections 5 (specifically 5.3, 5.4, 5.5, 5.6), 7, 8, 9, 10, 11, 12, 13, 14, and 15 of these Terms will survive termination.

11. Disclaimers of Warranties

THE SERVICE (INCLUDING THE APP, WEBSITE, AI ANALYSIS, OUTPUT, AND ALL CONTENT AND FEATURES) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRALYST AND HIS AFFILIATES, LICENSORS (INCLUDING AI PROVIDERS AND DATA PROVIDERS), AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

VIRALYST DOES NOT WARRANT THAT:

• (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;

• (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

• (C) THE RESULTS (INCLUDING AI ANALYSIS AND OUTPUT) OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, USEFUL, OR EFFECTIVE;

• (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;

• (E) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED;

• (F) THE USE OF THE SERVICE WILL RESULT IN INCREASED VIRALITY, ENGAGEMENT, FOLLOWERS, REVENUE, OR ANY SPECIFIC BUSINESS OR CONTENT CREATION OUTCOME; OR

• (G) THE SERVICE, ITS SERVERS, OR COMMUNICATIONS SENT FROM VIRALYST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPECIFICALLY REGARDING AI ANALYSIS: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• (H) THE AI ANALYSIS, INCLUDING SCORES, LABELS, PREDICTIONS, AND RECOMMENDATIONS, IS GENERATED BY COMPLEX AI MODELS BASED ON AVAILABLE DATA AND PATTERNS. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

• (I) THE AI ANALYSIS MAY BE INACCURATE, INCOMPLETE, BASED ON LIMITED DATA, OR MISLEADING. VIRALYST DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF THE AI ANALYSIS FOR YOUR SPECIFIC GOALS.

• (J) THE AI ANALYSIS AND RECOMMENDATIONS ARE SUGGESTIONS AND DO NOT CONSTITUTE A GUARANTEE OF VIRALITY, ENGAGEMENT INCREASE, FOLLOWER GROWTH, OR ANY SPECIFIC PERFORMANCE OUTCOME. SOCIAL MEDIA PLATFORM ALGORITHMS AND AUDIENCE BEHAVIOR ARE BEYOND VIRALYST'S CONTROL.

• (K) YOU SHOULD NOT RELY SOLELY ON THE VIRALYST SERVICE FOR MAKING CONTENT STRATEGY, BUSINESS, OR OTHER IMPORTANT DECISIONS. USE YOUR OWN JUDGMENT AND CONSIDER MULTIPLE SOURCES. YOUR USE OF ANY AI ANALYSIS OR RECOMMENDATIONS IS ENTIRELY AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRALYST OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

FOR APPLE APP STORE USERS: YOU EXPRESSLY ACKNOWLEDGE APPLE'S STANDARD EULA SECTION (e) "NO WARRANTY" APPLIES, MEANING YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY APPLE. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION (SUBJECT TO APPLICABLE LAW AND VIRALYST'S RESPONSIBILITIES UNDER THESE TERMS).

SOME JURISDICTIONS (INCLUDING TÜRKİYE UNDER CERTAIN CONSUMER PROTECTION LAWS) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRALYST, HIS AFFILIATES, DIRECTORS, OFFICERS (IF ANY), EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

• (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE; OR
• (B) ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR OBTAINED THROUGH THE SERVICE; ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING THE AI ANALYSIS AND OUTPUT); UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, INPUT, OR DATA. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE), EVEN IF VIRALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL VIRALYST'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO VIRALYST FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00) (OR THE EQUIVALENT IN LOCAL CURRENCY).

SOME JURISDICTIONS (INCLUDING TÜRKİYE) DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES (SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT). ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE MODIFIED TO THE EXTENT REQUIRED BY MANDATORY APPLICABLE LAW. THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VIRALYST.

FOR APPLE APP STORE USERS: YOU EXPRESSLY ACKNOWLEDGE APPLE'S STANDARD EULA SECTION (f) "LIMITATION OF LIABILITY" APPLIES REGARDING APPLE'S LIABILITY. VIRALYST'S LIABILITY IS GOVERNED BY THIS SECTION 12. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

You agree to defend, indemnify, and hold harmless Viralyst, his affiliates, and their respective officers (if any), directors (if any), employees, agents, licensors, and suppliers ("Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and costs) arising from or relating to:

• (a) Your access to and use of the Service;
• (b) Your violation of any term of these Terms;
• (c) Your violation of any third-party right, including without limitation any copyright, trademark, patent, trade secret, property, privacy, or publicity right;
• (d) Any claim that your Input caused damage to a third party or infringed upon their rights; or
• (e) Your negligence or willful misconduct. This defense and indemnification obligation will survive these Terms and your use of the Service. Viralyst reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Viralyst.

14. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Jurisdiction: You irrevocably agree that the Istanbul Central (Çağlayan) Courts and Execution Offices in Istanbul, Türkiye, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, the Privacy Policy, or the Service.

15. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy (available at https://viralyst.ai/privacy-policy) and any other legal notices or specific agreements published by us regarding the Service (including rules for specific features or promotions, and incorporating relevant terms from Apple's Standard EULA where applicable for App Store users), constitute the entire agreement between you and Viralyst concerning the Service and supersede all prior or contemporaneous communications, proposals, understandings, or agreements (whether oral, written, or electronic) between you and Viralyst with respect to the subject matter hereof.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The remaining provisions will continue in full force and effect.

No Waiver: The failure of Viralyst to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. A waiver by Viralyst of any provision of these Terms in any instance shall not be deemed a waiver of such provision in the future or of any other provision.

Assignment: You may not assign or transfer these Terms or any rights or obligations granted hereunder, by operation of law or otherwise, without Viralyst's prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. Viralyst may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Headings: Section headings and titles in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

Notices: Except as otherwise specified in these Terms, all notices hereunder shall be in writing and shall be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail (to hey@viralyst.ai for notices to Viralyst); or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices (like emails or in-app notifications) satisfy any legal requirement that such communications be in writing.

Contact Information: If you have any questions about these Terms or the Service, please contact Viralyst at: hey@viralyst.ai.

Language: The governing language of these Terms is English. Any translations provided are for convenience only. In the event of any conflict or discrepancy between the English version and any translated version, the English version shall prevail to the extent permitted by applicable law.