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2
3These Terms of Service (“Terms”) form a binding agreement between you and the provider of Viralux AI (along with its affiliates, "Viralux.ai," "we," "our," or "us") governing your use of our products, services, mobile applications ("App"), and website ("Site," collectively referred to as "Services"). By accessing or using the Services, you agree to these Terms and the Privacy Policy.
4
5You acknowledge and agree that by clicking "I Agree" or similar buttons, registering an account, downloading the App or any App updates, using the App on your mobile device, or accessing or using the Services, you have read, understood, and agree to be bound by these Terms of Service, whether or not you have registered on the Site or App. If you do not agree to these Terms of Service, you are not authorized to access or use the Services. These Terms of Service will be effective upon your first clicking "I Agree" (or similar button or checkbox) or your use or access of the Services, whichever occurs first. If you are accepting or agreeing to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that: (i) you have the legal authority to bind your employer or the entity to these Terms of Service; (ii) you have read and understood these Terms of Service; and (iii) you, on behalf of the party you represent and any authorized users of the entity, agree to these Terms of Service. In this case, "you" and "your" will refer to and apply to your employer or other legal entity.
6
7Any personal data you submit to us or that we collect about you is subject to our Privacy Policy ("Privacy Policy"). You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated into these Terms of Service by reference and together they constitute this "Agreement."
8
9If you download our App from the Apple App Store, your use of that App is additionally subject to Apple's licensed application end user terms, including the Apple Media Services Terms and Conditions and the EULA presented at download ("Apple EULA"), as further described in Section 5.5. As between you and Viralux.ai, these Terms (together with the Privacy Policy) govern your relationship with us regarding the Services and our content and support obligations, subject to Apple's standard role as distributor of the App on iOS.
10
11Except for certain types of disputes, you agree that any disputes between us will be resolved through binding individual arbitration. By accepting these terms, you and Viralux.ai waive the right to a jury trial or participation in any class action or representative action. You agree to waive any right to assert or defend your rights in a court, and your rights will be determined by a neutral arbitrator rather than a judge or jury.
12
13---
14
15## 1. Our Services
16
17Viralux is a comprehensive AI-powered platform that enables you to upload, create, edit, and enhance various types of content, including but not limited to videos, images, audio, text, prompts, copy, and advertising materials. Through the Services, you can generate, modify, refine, and polish content across multiple formats, with outputs that may include text, images, videos, or other visual and audiovisual materials.
18
19## 2. Account and Registration
20
21- You must register and create an account with Viralux.ai in order to use the Services ("Account"). As part of the registration process, you will be required to provide certain information, including but not limited to your name and email address. By using the Services, you agree to provide accurate, current, and complete information as prompted during the registration process, and to maintain and update your Account information to keep it accurate, current, and complete.
22- You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login names, passwords, and Account information provided by you or Viralux.ai to access the Services. You are fully responsible for all activities that occur under your password or Account. Viralux.ai cannot control the use of any user Account and expressly disclaims any liability arising from such use. If you suspect that an unauthorized party is using your password or Account, or if you suspect any other security breach, you agree to immediately contact us.
23- The person registering for the Services will be the contracting party to these Terms of Service ("Account Owner") and will be authorized to use any corresponding Account-related services provided to the Account Owner; however, if you register for the Services on behalf of your employer, your employer will be the Account Owner. As the Account Owner, you are fully responsible for complying with these Terms of Service, and only you are entitled to all benef
23its arising from the Account. Your Account is non-transferable to anyone else or to another account. If your password or identity information is used without authorization or any other activity threatens the security of our Services or your Account, you must immediately notify us.
24
25## 3. User Content
26
27### 3.1 User Content
28
29You, and not Viralux.ai, are entirely responsible for all videos, images, audio, text prompts, captions, documents, materials, and other content (collectively, "Content") that you upload, post, transmit, or otherwise make available ("Make Available") to or through the Services for processing (collectively, "Inputs"), as well as all videos, images, and other content generated by the Services in response to your Inputs ("Outputs"). Inputs and Outputs are collectively referred to in these Terms as "User Content." Your User Content includes any Content that you create or generate through the use of the Services. For clarity, User Content does not include the Services themselves, including our software, models, algorithms, or other technology.
30
31You represent and warrant that you have and will maintain at all times all rights, licenses, clearances, consents, and permissions needed to Make Available your User Content to and through the Services, and to grant us all rights described or contemplated under these Terms.
32
33### 3.2 Your Representations and Warranties
34
35By submitting Inputs to the Services, you further represent and warrant that:
36
37(a) your submission of Inputs to us, and our processing of such Inputs as described in these Terms: (i) will not violate these Terms, applicable law, or any third-party rights (including without limitation any intellectual property, privacy, publicity, confidentiality, or contractual rights); and (ii) will not require us to comply with any additional license or contractual terms beyond those set forth herein; and
38
39(b) the Inputs (in whole or in part) do not contain, and you will not use the Services to generate Outputs that contain:
40
41- (i) child sexual abuse material (CSAM), child exploitation, grooming, or sexualization of minors;
42- (ii) political propaganda, political campaigning, or extremist/terrorist content;
43- (iii) hate speech, harassment, or discriminatory content targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or nationality;
44- (iv) pornographic content, sexually explicit material, or excessive profanity;
45- (v) severe violence, gore, graphic depictions of death or injury, or promotion of self-harm or suicide;
46- (vi) defamatory, libelous, or malicious content intended to harm individuals or entities;
47- (vii) materially false, misleading, or deceptive content (including deepfakes, hoaxes, or misinformation) likely to cause harm;
48- (viii) content that violates any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights;
49- (ix) viruses, trojans, worms, time bombs, logic bombs, malware, or other material that is malicious or technologically harmful;
50- (x) "prompt injections" or other inputs intended or likely to circumvent any controls, restrictions, or safety features in connection with the Services, or cause the Services to behave in an unexpected or unintended manner; or
51- (xi) any other illegal content or content that violates applicable laws, regulations, or codes of practice issued by competent authorities.
52
53### 3.3 Platform Responsibility for User Content
54
55You acknowledge and agree that:
56
57(a) **No Liability**: We have no liability in respect of any User Content. We do not represent or warrant the accuracy, integrity, appropriateness, quality, or non-infringement of any User Content, and under no circumstances shall we be liable in any way for any User Content (including any third-party materials incorporated in User Content).
58
59(b) **Your Sole Responsibility**: You are solely responsible for the form, content, and accuracy of all User Content. User Content is not verified or approved by us. We do not assume any obligation to remove, validate, screen, verify, or edit any User Content.
60
61(c) **Non-Confidential**: All User Content shall be deemed to be non-confidential and n
61on-proprietary. We shall not be under any obligation of confidentiality to you regarding any User Content unless agreed otherwise in a separate written contract between you and us or required under applicable law.
62
63(d) **Right to Modify or Remove**: We, or third parties we authorize, have the right to modify, adapt, edit, refuse to publish, store, or make available User Content at our sole and absolute discretion. We may, but are not obliged to, remove, disallow, block, or delete any User Content: (i) that we believe may breach these Terms; or (ii) in response to complaints from other users or third parties, with or without notice to you, with or without providing any reason, and without any liability to you.
64
65(e) **Use for Service Improvement**: We may process User Content to improve the Services and develop new products and services (including for our internal business purposes). You hereby expressly authorize and consent to us: (i) using and storing User Content that is not personal data to develop and improve our machine-learning and artificial-intelligence technologies; and (ii) processing and storing such User Content outside of the jurisdiction where you are using the Services.
66
67(f) **Performance Metrics**: We may collect performance and usage metrics and data regarding your access and use of the Services, including model versions, processing times, diagnostic data, and other technical information, and we may use such metrics and data to improve the quality and other aspects of the Services and its underlying technologies.
68
69### 3.4 Ownership of User Content
70
71As between you and Viralux.ai, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with these Terms, we assign to you all of our right, title, and interest—if any—in Outputs generated at your request and provided to you in response to Inputs submitted by you.
72
73You acknowledge and agree that Outputs may not be unique, and other users may generate similar or identical content from their independent use of the Services. Outputs that are requested by and generated for other users are not considered your User Content, and our assignment of rights to you in Outputs above does not extend to rights in outputs generated at the request of other users.
74
75### 3.5 License to Your Content
76
77Subject to any applicable account settings that you select, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid, transferable, and sublicensable right and license to:
78
79(a) **Operate the Services**: host, store, process, transmit, display, and deliver your User Content as necessary to provide the Services to you and other users;
80
81(b) **Train and Improve AI (opt-out available)**: use, reproduce, modify, adapt, and create derivative works from your User Content (including Inputs and Outputs) to train and improve our artificial intelligence models, algorithms, and related technology, products, and services. By using the Services, you consent to such use by default. You may opt out of this use at any time through your account settings. Upon opting out, we will cease future use of your User Content for training purposes, subject to reasonable latency needed to enforce the change. Opting out will not affect User Content already incorporated into our models prior to your opt-out request.
82
83(c) **Internal Purposes**: use User Content for our internal business purposes, including analytics, quality assurance, security, and compliance.
84
85The foregoing license does not grant us the right to sell, license, or otherwise commercially exploit your User Content for purposes unrelated to operating, improving, or developing the Services.
86
87### 3.6 Waiver of Rights
88
89In connection with your User Content, or any portion thereof, you hereby waive (or, if you are not the owner, shall procure that the owner waives):
90
91(a) any rights to prior inspection or approval of any marketing or promotional materials that may reference or incorporate User Content in connection with the Services;
92
93(b) any and all rights of privacy, publicity, or similar personality rights to the extent your User Content is used in accordance with these Terms; and
94
95(c) any moral rights (including rights of attribution and integrity), author's rights, or similar rights, to the extent permitted by applicable law.
96
97To the extent any such rights cannot be waived under applicable law, you agree (or shall procure that the owner agrees) not to assert or enforce any such rights in connection with our use of User Content as permitted under these Terms, and you shall not support, maintain, or permit any action based on such rights.
98
99### 3.7 No Obligation to Pre-Screen or Store Content
100
101You acknowledge and agree that:
102
103(a) **No Pre-Screening Obligation**: We have no obligation to pre-screen User Content, although we reserve the right in our sole discretion to pre-screen, monitor, refuse, or remove any User Content. By using the Services, you provide your consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content through the Services.
104
105(b) **No Storage Obligation**: Unless expressly agreed in writing, we have no obligation to store, backup, or maintain any of your User Content. We have no responsibility or liability for the deletion, corruption, loss, or failure to store any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
106
107(c) **Storage Limits**: We retain the right to create reasonable limits on the storage and use of User Content, including limits on file size, storage space, upload frequency, processing capacity, and retention periods, as described on our website or as otherwise determined by us in our sole discretion.
108
109### 3.8 Reliance on Outputs
110
111You acknowledge and agree that artificial intelligence and machine learning are rapidly developing technologies that are continually improving in accuracy, reliability, and safety. Accordingly, you acknowledge and agree that:
112
113(a) **Potential Inaccuracies**: Outputs may be inaccurate, misleading, incomplete, erroneous, lack context, or contain inappropriate, unintended, or offensive elements.
114
115(b) **Your Responsibility**: You are solely responsible for preparing, selecting, and inputting appropriate Inputs to produce your desired Outputs, and for reviewing, verifying, and validating the accuracy, appropriateness, reliability, and fitness of Outputs for your specific use case.
116
117(c) **Assumption of Risk**: You accept the sole risk of any misunderstandings, inaccuracies, errors, or lack of context in the Outputs.
118
119(d) **Not Our Views**: Any Output is generated at your request and does not necessarily reflect our views, opinions, or beliefs.
120
121(e) **Not a Substitute for Professional Advice**: Outputs do not constitute, and should not be treated as, professional, medical, legal, financial, or other expert advice. You must not rely solely on Outputs for any critical decisions or as a definitive source of information. Outputs are not intended for use in any situation where reliance on inaccurate information could result in injury, loss, or damage.
122
123(f) **Verify Before Use**: You must independently verify the accuracy and appropriateness of any Outputs before using, publishing, or relying on them.
124
125### 3.9 Use of Your Username
126
127By submitting User Content to any part of the Services, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the creator or contributor of your User Content in any publication, display, or distribution of such User Content in any form, media, or technology now known or later developed, in connection with the Services.
128
129## 4. What You Can and Cannot Do
130
131- **Rights:** Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely for your personal or internal business use: (a) to install and use one copy of any application related to the Services on a device you own or c
131ontrol (if applicable); and (b) to access and use the Services.
132
133- **Eligibility:** You must be at least 18 years old to use the Services. By agreeing to these terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or banned from using the Services; (c) all information you provide to us is accurate and up to date; and (d) your use of the Services complies with all applicable laws and regulations.
134
135- **Required Account:** You are responsible for all activities that occur under your account. Your use of any third-party services may be subject to third-party terms and conditions, and any issues arising from your use of third-party services are solely between you and the third party.
136
137- **License Restrictions:** While using the Services, you must comply with all applicable laws, including U.S. export control laws. Unless applicable law prohibits such restrictions or the features of the Services allow such activities, you may not: (a) copy, distribute, publicly display, or publicly perform the Services; (b) modify the Services; (c) interfere with, disable, or circumvent any features of the Services, including security features or access control mechanisms; or (d) reverse engineer or attempt to discover the source code of any part of the Services.
138
139**Prohibited Activities:** In using the Services, you agree not to engage in any of the following prohibited activities, including but not limited to:
140
141- Using the Services for any illegal purpose or in violation of any local, state, national, or international laws or these terms;
142- Harassing, threatening, belittling, humiliating, bullying, deceiving, or otherwise harming any person, whether or not they are users of the Services;
143- Infringing or encouraging others to infringe the rights of any third party, including the infringement or misappropriation of any third party's intellectual property, privacy rights, publicity rights, or other proprietary rights;
144- **Uploading, generating, or distributing content that:** (i) depicts or involves minors in any inappropriate, sexualized, or harmful context; (ii) contains nudity, sexually explicit material, or graphic violence; (iii) promotes hate speech, discrimination, or harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics; or (iv) violates any person's right of publicity, privacy, or other personal rights;
145- **Creating deepfakes or synthetic media that:** (i) impersonates any real person without their explicit consent; (ii) falsely portrays any individual as saying or doing something they did not say or do; (iii) misrepresents the identity, actions, or statements of any person; or (iv) is intended to deceive, defraud, or mislead others;
146- **Generating misleading or false content**, including but not limited to: (i) fabricated news or documentary-style content presented as factual; (ii) fraudulent materials intended to deceive or manipulate; (iii) content that falsely depicts real events, public figures, or organizations; or (iv) materials designed to interfere with democratic processes, elections, or civic participation;
147- **Uploading content for which you do not have the necessary rights, permissions, or consents**, including but not limited to: (i) using images, videos, or likenesses of individuals without their authorization; (ii) using copyrighted materials, trademarks, or other protected intellectual property without proper licensing; or (iii) violating any contractual obligations or confidentiality agreements;
148- Interfering with the operation of the Services or the enjoyment of the Services by any user, including: (i) uploading or otherwise distributing any viruses, adware, spyware, worms, or other malicious code; (ii) sending unsolicited offers or advertisements to other users of the Services; (iii) collecting personal information about other users or third parties without consent; or (iv) interfering with or disrupting any network, device, or server used to provide the Services;
149- Circumventing or disabling any security or technical features or measures in the Services, including content filtering, safety controls, or usage limitations;
150- Storing, copying, modifying, distributing, or reselling any video content, AI-generated outputs, or other materials provided through the Services except as expressly permitted by these terms;
151- Using the Services in any manner that threatens the integrity, performance, or availability of the Services;
152- Removing, altering, or hiding any copyright, trademark, service mark, trade name, logo, or other proprietary notices incorporated in or accompanying the Services; provided that, for clarity, this restriction does not apply to content you have generated and downloaded through your account;
153- Using any automated tools (e.g., bots, spiders, scrapers) to access or use the Services;
154- Using the Services for any purpose other than your own internal business or personal purposes, or using the Services to provide services to third parties;
155- Accessing or attempting to access any Viralux.ai system, program, or data not publicly available, or attempting to bypass any security devices or access controls in the Services;
156- Copying, modifying, translating, enhancing, decompiling, disassembling, or otherwise reverse engineering or attempting to reconstruct or discover the source code, object code, underlying ideas, proprietary technologies, algorithms, file formats, or programming or interoperability interfaces related to the Services or any software, documentation, or data associated with the Services;
157- Reselling, redistributing, or sublicensing the Services themselves to any third party, or using the Services to provide video generation services to third parties as a service offering;
158- Renting, leasing, sublicensing, selling, or otherwise transferring any rights you have under these terms; or
159- Attempting or assisting any person to engage in any of the activities described in this section.
160
161## 5. General Payment Terms
162
163Certain features of the Services may require you to pay a fee. Before paying any fees, you will have the opportunity to review and accept the charges that will apply to you. Unless otherwise stated at purchase, required by applicable law, or governed by Apple, Google, or another payment platform's policies for in-app purchases, fees are calculated in US dollars and are non-refundable.
164
165**5.1 Pricing:**
166
167Viralux.ai reserves the right to determine the pricing for the Services. Viralux.ai will make reasonable efforts to keep the price information published on the website up to date. We encourage you to periodically check our website for the latest pricing information. Viralux.ai may change the cost of any feature of the Services, including additional fees or charges, provided that Viralux.ai notifies you in advance before such change takes effect; however, any price changes will not affect your current Subscription Term and will apply only upon your next renewal. Viralux.ai may, at its sole discretion, offer promotional deals with different features and pricing to any Viralux.ai customer. These promotional offers (unless made available to you) do not apply to your account or these Terms.
168
169**5.2 Authorization:**
170
171You authorize Viralux.ai and its third-party payment processors (including Stripe) to charge all amounts for your orders and for any service level you select, as described in these Terms or published by Viralux.ai, including all applicable taxes. If you pay any fees by credit card, Viralux.ai or its third-party payment processor may pre-authorize your credit card account before your purchase to verify that the credit card is valid and has sufficient funds or credit limit to pay for your purchase. Payment receipts and invoices will be issued electronically by our payment processor.
172
173**5.3 Subscription Services:**
174
175If you decide to purchase a subscription to our Services, your subscription will automatically renew on a monthly or yearly basis (the "Subscription Term") depending on the plan you select, unless you cancel it in accordance with the billing channel you used. Once you upgrade from our free tier to a paid subscription, your paid subscription will automatically renew at the end of each Subscription Term, and the applicable payment method (for example, the card on file with our web processor or your App Store account) will be charged until you cancel. You authorize us (and our designated payment processors) to charge you for the subscription plan registered to your account, where the purchase channel permits.
176
177For subscriptions purchased through the Apple App Store, the following applies: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.
178
179If you subscribed through the Apple App Store, renewal, cancellation, and subscription management are controlled through those platforms' account settings, as de
179scribed in Section 5.5. If you cancel your paid subscription, you will continue to have access to the subscription benefits until the end of the then-current Subscription Term (unless the platform's policies provide otherwise), after which the subscription benefits will expire and your account may revert to the free tier with limited usage.
180
181**5.4 Payment Failures:**
182
183If we are unable to charge your payment method for any recurring subscription fees, our payment processors may attempt to retry the charge during a grace period in line with their policies (for example, Stripe's policies for web subscriptions, or Apple for in-app subscriptions). If payment is not successfully processed by the end of the applicable grace period, we may suspend or terminate your access to paid features of the Services. You are responsible for ensuring that your payment information remains current and valid.
184
185**5.5 Payment channels; mobile app stores; EULA (iOS):**
186
187Viralux.ai uses third-party payment processors to handle payments for our Services.
188
189**Mobile app transactions (iOS).** For in-app purchases in our iOS application—including subscriptions and one-time purchases of digital features or content—payments are processed through the Apple App Store. Apple handles payment processing and related financial transactions for those purchases. Viralux.ai does not store or have access to your full payment card or wallet credentials on the App Store.
190
191**EULA (iOS).** If you obtain the App from the Apple App Store, your use of the licensed application is governed by Apple’s terms, including: (a) Apple’s [Licensed Application End User License Agreement](https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) (“Standard EULA”); (b) the [Apple Media Services Terms and Conditions](https://www.apple.com/legal/internet-services/itunes/us/terms.html) (or the equivalent terms for your storefront, as Apple presents at download or in the App Store); and (c) any other applicable Apple terms, each as updated by Apple from time to time. Between you and Viralux.ai, these Terms and our Privacy Policy govern our services and data practices; Apple is not responsible for the App or its content except as set out in Apple’s applicable terms.
192
193**Platform terms.** By making payments through the App Store, you agree to Apple’s applicable terms, privacy notices, and billing rules, which govern subscription renewals, cancellations, billing disputes, and refunds for those transactions. Viralux.ai is not the seller of record for in-app purchases processed by Apple; refund and billing questions for those purchases are generally directed to Apple, subject to our Privacy Policy at [https://viralux.ai/privacy](https://viralux.ai/privacy) and any rights you may have under law.
194
195**Web transactions.** For purchases made through our website, we use Stripe (or other processors we may disclose at checkout). Limited payment details we may receive are described in our Privacy Policy. Please refer to [Stripe's Terms of Service](https://stripe.com/legal) and [Stripe's Privacy Policy](https://stripe.com/privacy) for more information.
196
197## 6. Representations and Warranties
198
199You represent and warrant that:
200
201(i) You are at least 18 years old or the age required by the jurisdiction in which you reside to be legally capable of entering into binding contracts;
202
203(ii) You have the authority, power, and capacity to enter into this agreement and abide by its terms and conditions, and you will comply with this agreement. When you sign this agreement on behalf of a company or other entity, you represent and warrant that you have the authority to act on behalf of and bind the entity to these terms.
204
205You further represent and warrant that:
206
207(i) You have read, understood, and agreed to be bound by the terms of this agreement, including the terms of the Privacy Policy, in order to access and use the Services;
208
209(ii) When using or accessing the Services, you will comply with all applicable local, state, federal, and international laws, regulations, and customs and act in good faith;
210
211(iii) You have all necessary rights, licenses, and permissions to upload and process any content you submit to the Services.
212
213## 7. Termination and Suspension
214
215**7.1 Your Right to Terminate:**
216
217You can cancel and delete your account at any time by using the available features in the Services or by providing written notice to supp
217[email protected]. After cancellation, your profile will be cleared, and you will no longer be able to access your account or any information through the Services. Provisions in these Terms that are intended to remain effective after termination, including but not limited to those related to disclaimers, limitations of liability, and indemnification, will continue to remain in effect even after the termination of these Terms and your use of the Services.
218
219**7.2 Our Right to Terminate or Suspend:**
220
221We reserve the right to refuse service access to anyone at any time for any reason. If Viralux.ai is investigating you or believes that you have violated any terms of these Terms, we may immediately block your access to the Services or limit the features you can use. We will make reasonable efforts to notify you in writing or via email. If Viralux.ai terminates or restricts your ability to use the Services under this provision, you may not register or create a new account, whether under a third party, a pseudonym, borrowed name, or your own identity.
222
223Even if your right to use the Services is terminated or restricted, these Terms will still be enforceable against you. Viralux.ai reserves the right to take appropriate legal action, including seeking damages and injunctive relief.
224
225**7.3 Service Modifications:**
226
227Viralux.ai reserves the right to temporarily or permanently modify or discontinue all or part of the Services at its sole discretion. Viralux.ai will not be held liable for any modifications or discontinuations of all or part of the Services. If Viralux.ai believes someone may threaten the security and integrity of the Services, or believes such restrictions are necessary to resolve other legitimate business issues, Viralux.ai has the right to limit user registration.
228
229**7.4 Data Deletion:**
230
231After the termination or cancellation of your account, we reserve the right to delete all your data (including any User Content) during normal operations. Once your account is terminated or canceled, your data will be irrecoverable. You are solely responsible for exporting or backing up any data you wish to retain before terminating your account.
232
233## 8. Third-Party Services and Links
234
235**8.1 Third-Party Software and AI Models:**
236
237The Services may contain, integrate, or rely upon third-party software components, artificial intelligence models, cloud infrastructure providers, and payment processors ("Third-Party Services"). These Third-Party Services are typically offered under their own licenses and terms of service. While the Services are provided to you under these Terms, nothing in these Terms prevents, limits, or is intended to prevent you from obtaining or using third-party components under their applicable third-party licenses. You acknowledge that the availability and performance of certain features of the Services may depend on these Third-Party Services.
238
239**8.2 Links to External Websites:**
240
241The Services may sometimes link to external websites or services. These websites may contain third-party offers, promotions, or content. We provide these links to help you find information, products, or services that may be useful or interesting. We are not responsible for the content on these websites or what they offer, and we cannot guarantee that they will always function properly. The inclusion of links to other websites does not imply endorsement, sponsorship, or affiliation with the operators of these websites.
242
243**8.3 Third-Party Terms and Disclaimer:**
244
245The terms and conditions and privacy policies of any websites, services, or platforms controlled, owned, or operated by third parties will govern your use of those third-party services. Your use of third-party websites and services is at your own risk. Viralux.ai explicitly disclaims any responsibility for anything that happens due to your use of or viewing of websites or services linked to from the Services or any other third-party content. You agree that if you click on a link within the Services or use any Third-Party Service, Viralux.ai will not be held responsible for any consequences that may arise, including but not limited to data loss, security breaches, or service interruptions caused by third parties.
246
247**8.4 Privacy and Security Notice:**
248
249Please be aware that we are not responsible for the privacy practices or content of third-party websites, services, or platforms. We encourage you to be aware when you leave our Services and to read the privacy statements and terms of service of any third-party websites or services you visit. You should evaluate the security and trustworthiness of any external sites or services before providing personal information or sensitive data. Viralux.ai is not responsible for any loss, damage, privacy breach, or other harm in whatever manner, however caused, resulting from your interactions with third-party websites, services, or content.
250
251## 9. Intellectual Property
252
253**9.1 Ownership of the Services:**
254
255The Services contain intellectual property owned by Viralux.ai and/or our licensors, including, without limitation, all text, graphics, editorial content, data, formatting, charts, designs, user interfaces, visual interfaces, the "look and feel" of the Services, photographs, images, audio, video, software code, artificial intelligence models, algorithms, training data, model weights and parameters, trademarks, service marks, logos, brand names, and other proprietary materials and content (collectively, "Proprietary Materials"). Except with respect to User Content (as defined in Section 3), you agree that Viralux.ai and our licensors own all rights, title, and interest in and to the Services and all Proprietary Materials.
256
257The entirety of the Services is protected by intellectual property law, including international copyright, trademark, patent, trade secret, and other proprietary rights laws. You acknowledge that the Services, including all underlying technology, algorithms, AI models, know-how, and intellectual property embodied therein, contain valuable trade secrets and confidential information of Viralux.ai.
258
259**9.2 Restrictions on Use of Proprietary Materials:**
260
261You are prohibited from modifying, copying, reproducing, publishing, transmitting, distributing, performing, displaying, selling, licensing, creating derivative works from, transferring, or otherwise exploiting in any format whatsoever any of the Services or Proprietary Materials, in whole or in part, without our prior written consent. This prohibition includes, without limitation:
262
263(a) Any and all text, graphics, code, software, video, audio, data, or other materials on or made available through the Services;
264(b) The design, structure, selection, coordination, expression, and arrangement of content on the Services;
265(c) Any proprietary technology, algorithms, AI models, training methodologies, or technical processes underlying the Services; and
266(d) Any trademarks, service marks, trade names, logos, or other proprietary designations of Viralux.ai.
267
268We reserve the right to immediately remove you from the Services without notice or refund, or restrict your access to the Services, if you violate this provision. For clarity, these restrictions do not apply to your User Content, which is governed by Section 3.
269
270**9.3 Limited License to You:**
271
272Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business purposes as expressly permitted by these Terms. We may terminate this license at any time, for any reason or no reason, with or without notice.
273
274This license does not grant you any right to:
275
276(a) Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, or create derivative works from any of our proprietary technology that makes up or is included in the Services, except as expressly permitted in writing by us;
277(b) Duplicate, decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea, algorithm, AI model, or technology), or attempt to do any of the same;
278(c) Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
279(d) Use the Services or any Outputs to build, train, or improve any products or services that are competitive with or similar to the Services;
280(e) Access any portion of the Services for benchmarking or competitive analysis purposes; or
281(f) Use our trademarks, logos, or branding in any manner without our prior express written consent.
282
283For clarity, these restrictions do not apply to your User Content, which is governed by Section 3.
284
285**9.4 Commercial Use of Outputs:**
286
287Subject to your compliance with these Terms, we do not restrict your commercial use of Outputs. You may use Outputs generated through the Services for your own personal or commercial purposes.
288
289**9.5 Trademarks and Brand Protection:**
290
291"Viralux," "Viralux.ai," and all related logos, product and service names, designs, slogans, and other brand features are trademarks, service marks, or trade dress of Viralux.ai or its licensors (collectively, "Viralux Marks"). Viralux Marks are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of Viralux Marks is strictly prohibited.
292
293You may not use any Viralux Marks or any confusingly similar marks as trademarks, service marks, trade names, or branding for your own products or services, or in any manner that is likely to cause confusion, disparage, or dilute the Viralux Marks. Any use of Viralux Marks, or any other content on the Services, except as expressly provided in these Terms, is strictly prohibited without our prior written permission.
294
295Any other trademarks, service marks, logos, and trade names appearing on or through the Services are the property of their respective owners. Nothing in these Terms grants you any right to use any such third-party marks.
296
297**9.6 Feedback:**
298
299We welcome feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback.
300
301All Feedback becomes the sole and exclusive property of Viralux.ai, and Viralux.ai may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Viralux.ai any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback.
302
303To the extent that you retain any rights in Feedback under applicable law that cannot be assigned, you hereby grant to Viralux.ai a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such Feedback for any purpose. To the extent you retain any moral or author's rights (including attribution and integrity rights) in Feedback that cannot be assigned under applicable law, you hereby waive and agree not to assert any such rights.
304
305**9.7 Comprehensive Definition of Intellectual Property:**
306
307For the purposes of these Terms, "Intellectual Property" or "Intellectual Property Rights" means and includes all intellectual property rights of any kind throughout the world, whether now existing or hereafter created, including without limitation:
308
309(a) All patents, patent applications, patent rights, and patent disclosures, including reissues, continuations, continuations-in-part, divisionals, extensions, and reexaminations thereof;
310(b) All copyrights, copyright registrations, and copyright applications, including all moral rights, rights of authorship, and rights of attribution;
311(c) All mask work rights and registrations;
312(d) All trademarks, service marks, trade names, brand names, logos, trade dress, slogans, and other source identifiers, together with all goodwill associated therewith, and all applications and registrations therefor;
313(e) All trade secrets, confidential information, know-how, proprietary processes, formulae, algorithms, models, and techniques;
314(f) All database rights and rights in compilations and collections of data;
315(g) All rights in designs, including registered and unregistered design rights;
316(h) All software, code, scripts, interfaces, tools, and technology, including source code, object code, APIs, SDKs, and documentation;
317(i) All domain names, social media handles, and other internet identifiers;
318(j) All other proprietary rights of any kind or nature; and
319(k) All rights to sue for past, present, and future infringement, misappropriation, or violation of any of the foregoing rights, and all income, royalties, damages, and payments now or hereafter due or payable with respect thereto.
320
321## 10. Copyright Complaints and Copyright Agent
322
323Viralux.ai respects the intellectual property rights of others and expects users to do the same. If you believe that any material on or related to the Services infringes your copyright or other intellectual property rights, please send the following information to Viralux.ai's copyright agent at [email protected]:
324
325- A description of the copyrighted work you claim has been infringed, including the URL (internet address) or specific location on the Services where the allegedly infringing material is located, with sufficient information to allow Viralux.ai to locate the material and explain why you believe infringement has occurred.
326
327- A description of where the original or authorized copy of the copyrighted work is located – for example, the URL of the published work or the name of the book in which it was published.
328
329- Your address, telephone number, and email address.
330
331- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
332
333- A statement made under penalty of perjury that the information in your notification is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.
334
335- An electronic or physical signature of the copyright owner or an authorized person acting on behalf of the copyright owner.
336
337## 11. Confidential Information
338
339You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of Viralux.ai and agree not to disclose, transfer, use (or attempt to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than as expressly permitted by these Terms of Service. If applicable, you may disclose Confidential Information to your authorized employees and agents, provided they are also required to keep such information confidential. You must promptly notify Viralux.ai in writing of any situation that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You will make your best efforts to protect the Confidential Information from unauthorized disclosure, transfer, or use. Upon termination of this Agreement, for any reason, you must return to Viralux.ai all originals and copies of any materials containing Confidential Information.
340
341The term "Confidential Information" refers to any and all business secrets, confidential and proprietary information, and all other information and data of Viralux.ai that is not known to the public or other third parties, and that could have economic or other value if used or disclosed by such third parties. Confidential Information includes, but is not limited to, technical data, proprietary technology, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technologies, designs, drawings, engineering, hardware configuration information, marketing, financials, strategies, and other proprietary and confidential information related to the business, operations, or property of Viralux.ai, including information about Viralux.ai employees, users, or partners, or other business information disclosed directly or indirectly in writing, orally, or through drawings or observation.
342
343## 12. Disclaimer
344
345THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR REPRESENTATIVES MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AN
345D QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
346
347**AI-Generated Content.** You acknowledge that the Services utilize artificial intelligence and machine learning technologies to generate content including videos, images, and text. AI-generated outputs may contain imperfections, inaccuracies, errors, or biases inherent to generative AI technology. We do not warrant that AI-generated content will be accurate, reliable, suitable for any particular purpose, or free from errors or harmful elements. Similar inputs may generate similar or identical outputs for different users. YOU ACCEPT AND AGREE THAT ANY USE OF AI-GENERATED OUTPUTS FROM THE SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY.
348
349**No Reliance.** Any advice or information (whether oral or written) obtained by you from the Services or from Viralux.ai entities or through the Services does not create any warranties of any kind regarding any Viralux.ai entity or Services except as explicitly stated in these Terms. You understand and agree that you use any part of the Services at your own risk, and Viralux.ai is not liable for any loss of property (including computer systems or mobile devices related to the Services) or any loss, use, or disclosure of data (including User Content).
350
351**Maximum Extent.** The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. Viralux.ai does not waive any warranties or other rights that cannot be waived under applicable law.
352
353## 13. Limitation of Liability
354
355To the fullest extent permitted by law, in no event shall any Viralux.ai entity be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, goodwill, or any other intangible losses) arising from or related to your access to or use of the Services or any materials or content on the Services, or your inability to access or use the Services, regardless of whether such damages are based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Viralux.ai entity has been advised of the possibility of such damages.
356
357To the fullest extent permitted by law, for all claims arising from or related to the use or inability to use any part of the Services or otherwise under these Terms, the total liability of Viralux.ai entities to you (whether in contract, tort, or otherwise) is limited to the greater of (1) $10 USD, and (2) the amount you paid or owe under these Terms in the 12 months preceding the claim.
358
359The liability limitations, disclaimers, and exclusions of damages in these Terms are intended to allocate risks between the parties, and this allocation is a fundamental element of the basis of the transaction between the parties. Each of these provisions is severable and independent of all other provisions in these Terms.
360
361## 14. Privacy and Information Security
362
363- **Privacy Policy**: You acknowledge and agree that, except as described in these Terms, any user content, data, records, and information you input or upload to the Services, or any user content, data, records, and information we collect through the Services, will be processed in accordance with Viralux.ai's Privacy Policy. Please read the Privacy Policy carefully. It includes how we handle payments (including in-app purchases and subscriptions on iOS and Android) in Section 12.
364
365- **Data**: You retain ownership of any data you input or upload to the Services. You hereby grant Viralux.ai the right to collect, process, transfer, store, use, and disclose such data in order to provide the Services, as well as any rights specified in these Terms and Viralux.ai's Privacy Policy.
366
367- **Use of Aggregated Data**: You acknowledge and agree that Viralux.ai may collect, create, process, transfer, store, use, and disclose aggregated and/or de-identified data from the data or the use of the Services for business purposes (including machine learning and training, industry anal
367ysis, benchmarking, and analytics). All data will be presented in an aggregated and/or de-identified form and will not identify you personally. Nothing in these Terms grants you any rights to any part of the Services or aggregated data.
368
369- **Compliance**: You are solely responsible for (a) the data you input, provide, access, or use, and (b) compliance with any privacy and data protection laws and regulations applicable to the data or your use of the Services. You represent and warrant that you have obtained and will retain all rights, consents, and authorizations necessary for Viralux.ai to exercise the rights granted under Section 3 (User Content) of these Terms, and that Viralux.ai's exercise of such rights will not infringe or violate any third-party rights.
370
371- **Information Security**: Viralux.ai will implement commercially reasonable security measures designed to protect data it owns or controls from unauthorized or illegal access, use, alteration, or disclosure.
372
373## 15. Dispute Resolution – Arbitration and Class Action Waiver
374
375Please read this section carefully—it will affect your legal r
375ights and outlines how you and Viralux.ai may submit claims against each other. This section requires you and Viralux.ai to submit mutual claims to binding arbitration on an individual basis, with limited exceptions.
376
377You agree that if any dispute or claim arises from or in connection with your use of the Service, you will contact us at [email protected], and you and Viralux.ai will make a sincere attempt to resolve the issue directly through written negotiation. You agree that if the issue is not resolved within 30 days after notice (via registered mail or in person), the issue will be considered a "dispute" as defined below. Except for the rights to seek injunctive or other equitable relief as described in the "Binding Arbitration" section below, if you initiate any arbitration claim or any administrative or legal action without first attempting to resolve the issue through mediation, you agree that you will not be entitled to recover attorney's fees, even if you might be entitled to such fees.
378
379**Binding Arbitration**
380
381You and Viralux.ai agree that any dispute, claim, or controversy arising from or related to these Terms or your use of the Services (collectively, "Disputes") will be resolved through binding arbitration, but both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of one party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means you and Viralux.ai both agree to waive the right to a jury trial. Notwithstanding the foregoing, you may file a claim against Viralux.ai in a small claims court rather than through arbitration, provided the claim meets the rules for small claims court and is filed individually, not as part of a class or representative action.
382
383**Class Action Waiver**
384
385You and Viralux.ai agree that any dispute resolution procedure will be conducted on an individual basis and not as part of a class, consolidated, or representative lawsuit. This means you and Viralux.ai both agree to waive the right to participate in any class action proceedings. Unless you and Viralux.ai agree otherwise in writing, the arbitrator in any dispute will not consolidate the claims of multiple individuals or preside over any form of class action proceedings.
386
387**Arbitration Management and Rules**
388
389Arbitration will be conducted by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules and Consumer-Related Disputes Supplementary Procedures (the "AAA Rules"), except as modified in this "Dispute Resolution" section. (AAA Rules can be found at http://www.adr.org or by calling AAA at 1-800-778-7879.)
390
391**Arbitration Notice Process.** A party intending to seek arbitration must first send a written notice of the dispute to the other party via U.S. Mail or Federal Express (signature required), or by email if no valid physical address is provided by the other party (“Notice of Arbitration”). Our address is: 30 N Gould St Ste R Sheridan, WY 82801. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) specify the relief sought (“Demand”). The parties will make a good faith effort to resolve the claim directly, but if no agreement is reached within 30 days after receiving the Notice of Arbitration, you or Viralux.ai may initiate arbitration proceedings. All arbitration proceedings between the parties will be confidential unless otherwise agreed in writing. If your claim amount does not exceed $10,000, the arbitration will be conducted solely based on documents submitted to the arbitrator by you and Viralux.ai, unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim amount exceeds $10,000, your right to a hearing will be determined by AAA rules. Under AAA rules, the arbitrator will have the authority to direct the parties to engage in reasonable information exchange, consistent with the expedited nature of arbitration. If both parties request and agree, hearings may be conducted by telephone or video conference.
392
393**Arbitrator's Decision and Applicable Law**
394
395The arbitrator will apply the Federal Arbitration Act and applicable California law, including statutes of limitations, and will respect legal privileges. The arbitrator will issue a decision within the time frame set by the AAA Rules. The arbitration award may be enforced in any court of competent jurisdiction. Any damage awards from the arbitrator must comply with the "Disclaimers and Limitation of Liability" section.
396
397## 16. Communications
398
399**Text Messages**: Viralux.ai and its representatives may send text (SMS) messages to the phone number you provide to us. These messages may be used for two-factor authentication. Standard data and messaging rates may apply, as determined by your carrier. Viralux.ai is not responsible for these fees.
400
401**Push Notifications**: When you install our mobile application, you agree to receive push notifications, which are messages sent to your mobile device when the app is not open. You can disable notifications by visiting the "Settings" page on your mobile device.
402
403**Emails**: We may send you emails during the provision of services to notify you when your user content is processed, shared with you, or used for other operational purposes. We may also send emails regarding our products or third-party products and services. You can opt out of promotional emails by following the unsubscribe instructions in the promotional emails.
404
405## 17. Miscellaneous
406
407- **General Terms**: These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the complete and exclusive understanding and agreement between you and Viralux.ai regarding your use of the Services. You may not assign or transfer these Terms or any rights under these Terms, in whole or in part, through legal means or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to enforce any provision will not affect our right to enforce such provision at any future time, and a waiver of any breach or violation of these Terms does not constitute a waiver of any future breach or violation. The section titles in these Terms are for convenience only and will not affect the interpretation of any provisions. The use of the term "including" in these Terms means "including, but not limited to." If any part of these Terms is found to be invalid or unenforceable, the unenforceable part will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
408
409- **Governing Law**: These Terms and your use of the Services will be governed by and interpreted according to the laws of the State of California, without regard to its conflict of laws principles. This choice of law provision is intended solely to specify the use of California law to interpret these Terms.
410
411- **Additional Terms**: Your use of the Services is subject to all additional terms, policies, rules, or guidelines that apply to the Services or specific features of the Services, which we may post or link to within the Services ("Additional Terms"). All Additional Terms are incorporated into these Terms by this reference and form part of these Terms.
412
413- **Notification to California Residents**: If you are a California resident, under California Civil Code Section 1789.3, you may contact the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd, Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210 to resolve complaints about the Services or to obtain further information about the use of the Services.
414
415- **No Support**: We are not obligated to provide support for the Services. If we do provide support, the support will be governed by the published policies.
416
417## 18. Changes to This Agreement and the Services
418
419Viralux.ai reserves the right, at its sole discretion, to change, modify, add, supplement, suspend, discontinue, or delete any provisions of these Terms (including the terms of service and privacy policy) at any time, and to review, improve, modify, or temporarily or permanently stop the Services or any content or information provided through the Services, with or without prior notice, and Viralux.ai will not be liable for any such changes. Viralux.ai will make reasonable efforts to notify you of material changes by email, but is not responsible for failing to do so. If any future changes to these Terms are unacceptable to you or cause you to no longer comply with these Terms, you must terminate and immediately stop using the Services. Your continued use of the Services after any and all modifications constitutes your acceptance of the updated Terms. Additionally, Viralux.ai may limit your use of specific features or restrict your access to all or part of the Services.
420
421## 19. No Third-Party Rights
422
423No provision of these Terms may be enforced by any person who is not a party to these Terms.
424
425## 20. Notification and Consent to Receive Notices Electronically
426
427You agree to receive any agreements, notices, disclosures, and other communications referred to in these Terms (collectively "Notices") electronically, including but not limited to notifications via email or by posting notices on this website. You agree that any Notices we provide electronically satisfy any legal requirements that such communications must be in writing. Unless otherwise specified in these Terms, all notices under these Terms must be in writing, and if delivered personally or sent by registered mail with return receipt requested, they are deemed delivered upon receipt; if sent by fax or email, they are deemed delivered upon electronic confirmation of receipt; if sent by a recognized overnight courier service and delivered the next day, they are deemed delivered the day after they are sent.
428
429## 21. Contact Information
430
431## If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us by email at [email protected].
432
433### APPENDIX 1
434
435#### Data Processing Agreement
436
437This Data Processing Agreement (“DPA”) is incorporated into and made part of the Terms of Service (“Terms”) between you (“Customer”) and Viralux.ai (“Company”, “Viralux” or “we”). Unless otherwise defined in this DPA, capitalized terms will have the meaning given to them in the Terms. This DPA prevails over any conflicting term of the Terms, but does not otherwise modify the Terms.
438
439**1. Definitions**
440
4411.1 In this DPA:
442
443a. “Controller,” “Data Subject,” “Personal Data,” “Personal Data Breach,” “Processing,” “Processor,” and “Supervisory Authority,” have the meaning given to them in the GDPR.
444
445b. “Customer Personal Data” means any Data that constitutes Personal Data, the Processing of which is subject to Data Protection Law, for which Customer or Customer’s customers are the Controller, and which is Processed by Company to provide the Service;
446
447c. “Data Protection Law” means the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the United Kingdom General Data Protection Regulation, and e-Privacy Directive 2002/58/EC (as amended by Directive 2009/136/EC), and their national implementations in the European Economic Area (“EEA”), Switzerland and the United Kingdom, each as applicable, and as may be amended or replaced from time to time;
448
449d. “Data Subject Rights” means Data Subjects’ rights to information, access, rectification, erasure, restriction, portability, objection, and not to be subject to automated individual decision-making in accordance with Data Protection Law;
450
451e. “International Data Transfer” means any transfer of Customer Personal Data from the EEA, Switzerland or the United Kingdom to an international organization or to a country outside of the EEA, Switzerland and the United Kingdom;
452
453f. “Subprocessor” means a Processor engaged by Company to Process Customer Personal Data; and
454
455g. “Standard Contractual Clauses” means the clauses annexed to EU Commission Implementing Decision EU 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European parliament and of the Council;
456
457h. “UK Addendum” means the addendum to the Standard Contractual Clauses issued by the UK Information Commissioner under Section 119A(1) of the UK Data Protection Act 2018 (version B1.0, in force March 21, 2022).
458
459**2. Scope and applicability**
460
4612.1 This DPA applies to Processing of Customer Personal Data by Company to provide the Service.
462
4632.2 The subject matter, nature and purpose of the Processing, the types of Customer Personal Data and categories of Data Subjects are set out in Appendix 3.
464
4652.3 Customer is a Controller and appoints Company as a Processor on behalf of Customer in relation to the purposes set out in Appendix 3 (processing of Customer Personal Data, including uploaded videos, images, text prompts, and generated content). Customer is responsible for compliance with the requirements of Data Protection Law applicable to Controllers.
466
4672.4 If Customer is a Processor on behalf of other Controller(s), then Customer is the single point of contact for Company; must obtain all necessary authorizations from such other Controller(s); undertakes to issue all instructions and exercise all rights on behalf of such other Controller(s); and is responsible for compliance with the requirements of Data Protection Law a
467pplicable to Processors.
468
4692.5 Customer acknowledges that Company may Process Personal Data relating to the operation, support, or use of the Service for its own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, and compliance with law. Company is the Controller for such Processing and will Process such data in accordance with Data Protection Law. Such Processing shall not be subject to the terms of this DPA.
470
471**3. Instructions**
472
4733.1 Company will Process Customer Personal Data to provide the Service and in accordance with Customer’s documented instructions.
474
4753.2 The Controller’s instructions are documented in this DPA, the Terms, and any applicable statement of work.
476
4773.3 Customer may reasonably issue additional instructions as necessary to comply with Data Protection Law. Company may charge a reasonable fee to comply with any additional instructions.
478
4793.4 Unless prohibited by applicable law, Company will inform Customer if Company is subject to a legal obligation that requires Company to Process Customer Personal Data in contravention of Customer’s documented instructions.
480
481**4. Personnel**
482
4834.1 Company personnel authorized to Process Customer Personal Data are subject to an obligation of confidentiality.
484
485**5. Security and Personal Data Breaches**
486
4875.1 Taking into account the state-of-the-art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Company will implement appropriate technical and organizational measures to provide a level of security appropriate to the risk.
488
4895.2 Customer acknowledges that the security measures in Appendix 2 are appropriate in relation to the risks associated with Customer’s intended Processing, and will notify Company prior to any intended Processing for which Company’s security measures may not be appropriate.
490
4915.3 Company will notify Customer without undue delay after becoming aware of a Personal Data Breach involving Customer Personal Data. If Company’s notification is delayed, it will be accompanied by reasons for the delay.
492
493**6. Subprocessing**
494
4956.1 Customer hereby authorizes Company to engage Subprocessors.
496
4976.2 Company will enter into a written agreement with Subprocessors which imposes the same obligations as required by Data Protection Law.
498
4996.3 Customer may object to the addition of a Subprocessor based on reasonable grounds relating to a potential or actual violation of Data Protection Law by providing written notice detailing the grounds of such objection within thirty (30) days following Company’s notification of the intended change. Customer and Company will work together in good faith to address Customer’s objection. If Company chooses to retain the Subprocessor, Company will inform Customer at least thirty (30) days before authorizing the Subprocessor to Process Customer Personal Data, and Customer may immediately discontinue using the relevant part of the Service, and may terminate the relevant part of the Service within thirty (30) days.
500
501**7. Assistance**
502
5037.1 Taking into account the nature of the Processing, and the information available to Company, Company will assist Customer, including, as appropriate, by implementing technical and organizational measures, with the fulfillment of Customer’s own obligations under Data Protection Law to: comply with requests to exercise Data Subject Rights; conduct data protection impact assessments, and prior consultations with Supervisory Authorities; and notify a Personal Data Breach.
504
5057.2 Company will maintain records of Processing of Customer Personal Data in accordance with Data Protection Law.
506
5077.3 Company may charge a reasonable fee for assistance beyond the scope of standard service support. If Company is at fault, Company and Customer shall each bear their own costs related to assistance.
508
509**8. Compliance**
510
5118.1 Company shall maintain a program to provide compliance with the obligations set out in this DPA.
512
513**9. Liability**
514
5159.1 To the extent permitted by applicable law, where Company has paid damages or fines, Company is entitled to claim back from Customer that part of the compensation, damages or fines, corresponding to Customer’s part of responsibility for the damages or fines.
516
517**10. Termination and return or deletion**
518
51910.1 This DPA is terminated upon the termination of the Terms.
520
52110.2 Upon termination of the Terms of Service, the Company will, upon Customer’s request, return Customer Personal Data in Company’s possession to the Customer or securely destroy such Customer Personal Data unless applicable laws prevent the Company from returning or destroying all or part of Customer Personal Data.
522
523**11. Modification of this DPA**
524
52511.1 This DPA may only be modified by a written amendment signed by both Company and Customer.
526
527**12. Invalidity and severability**
528
52912.1 If any provision of this DPA is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the invalidity or unenforceability of such provision does not affect any other provision of this DPA and all provisions not affected by such invalidity or unenforceability will remain in full force and effect.
530
531### APPENDIX 2
532
533#### Security Measures
534
535The Service is provisioned using a cloud-based platform and we employ best practices and appropriate technical and organizational measures to safeguard Personal Data. The Company regularly monitors compliance with these measures. A summary of security measures includes:
536
537**Physical Access Controls**
538
539User Content is hosted by Amazon Web Services (AWS). AWS maintains a list of certifications and third-party assessments. The AWS infrastructure is managed in Amazon controlled data centers throughout the world and the data centers are secured with physical controls to prevent unauthorized access.
540
541**Data Access Controls**
542
543To troubleshoot and address Customer issue(s), the Company support team will request and obtain explicit permission from Customer and approval from appropriate system administrator(s) before accessing specific User Content that is related to the Customer reported issue(s). Access to User Content to troubleshoot customer issues is further restricted to select support personnel assisting with the issue(s). These types of support requests are logged.
544
545**Transmission Controls**
546
547Communication over the internet with Company via web application are transmitted over secure encrypted connection. Company uses HTTPS for communications and industry standard encryption algorithms for stored User Content and passwords.
548
549**Input Controls**
550Customer is authenticated by password or using Google, Microsoft, or Apple login. Company uses web cookies to validate signed in Customers.
551
552**Data Backups**
553
554We have daily backup of databases and User Content is stored in persistent storage.
555
556**Data Segregation**
557
558Company logically segregated Customer Personal Data so that the Customers will only be able to access their own data and not Personal Data belonging to other Customers.
559
560### APPENDIX 3
561
562Description of the processing
563
564#### 1. Data Subjects
565
566The Customer Personal Data Processed concern the following categories of Data Subjects:
567
568**CATEGORY**
569
570- End users who create accounts and use the Service to generate AI videos
571- Individuals whose images or videos are uploaded by Customer to the Service (where applicable)
572- Customer's employees, contractors, or authorized users accessing the Service on behalf of Customer
573
574#### 2. Categories of Customer Personal Data
575
576The Customer Personal Data Processed concern the following categories of data:
577
578**CATEGORY**
579
580- **Account Information**: Email address, name (if provided), authentication credentials
581- **Uploaded Content**: Video files, image files, text prompts, and other input materials that may include personal data
582- **Generated Content**: AI-generated videos and associated metadata (e.g., generation parameters, timestamps, project names)
583- **Usage Data**: Service interaction logs, feature usage, project metadata, workspace activity
584- **Billing Information**: Payment transaction records, subscription details (processed through third-party payment processors)
585- **Technical Data**: IP addresses, device information, browser type, session logs
586- **Support Communications**: Customer service inquiries and correspondence
587
588#### 3. Sensitive data
589
590The Customer Personal Data Processed concern the following special categories of data:
591
592**CATEGORY**
593
594Viralux does **not** intentionally collect or process special categories of personal data (such as biometric data, health data, or data revealing racial or ethnic origin). The Service does **not** process voiceprints or employ facial recognition technology to identify individuals.
595
596However, to the extent that Customer uploads content containing such data, Customer is solely responsible for obtaining all necessary consents and ensuring compliance with applicable laws. Customer must not upload content that contains sensitive personal data unless Customer has obtained all required legal bases and authorizations.
597
598#### 4. Processing operations
599
600The Customer Personal Data will be subject to the following basic Processing activities:
601
602**CATEGORY**
603
604The Service provides AI-powered video generation tools. Processing activities include:
605
606- **Content Upload & Storage**: Customer uploads video files, images, or text prompts via web or mobile application. Content is securely stored in cloud infrastru
606cture.
607- **AI Video Generation**: Input materials are processed using proprietary AI models to generate video content based on Customer's instructions (video-to-video transformation, image-to-video generation, or text-to-video generation).
608- **Content Delivery**: Generated videos and associated metadata are delivered to Customer's private workspace within the Viralux application, where they may be previewed, downloaded, or deleted.
609- **Account Management**: Processing necessary to maintain Customer accounts, manage subscriptions, and provide customer support.
610- **Service Operations**: Processing for billing, technical support, service optimization, security monitoring, fraud prevention, and abuse detection.
611- **Compliance & Legal**: Processing necessary to comply with legal obligations, enforce Terms of Service, and protect the rights and safety of Viralux, users, and third parties.
612- **Product Improvement** (only with consent or where permitted): Aggregated and de-identified usage analytics to improve service performance and features. Customer content may be used to train and improve AI models by default. Customers may opt out of such use through account settings or by written request.
613
614### APPENDIX 4
615
616U.S. STATE PRIVACY LAW DATA PROCESSING AGREEMENT
617
618This U.S. Privacy Law Data Processing Agreement (“U.S. State DPA”) is incorporated and made part of the Terms of Service (the “Terms”) between you, on behalf of you and your affiliates (“Customer”), and Viralux.ai (“Vendor”) (each a “Party” and collectively the “Parties”) for so long as Vendor processes Personal Data on behalf of Customer. This U.S. State DPA prevails over any conflicting terms of the Terms.
619
620#### 1. Definitions. For the purposes of this U.S. State DPA-
621
6221.1. “State Privacy Laws” means, collectively, all U.S. state privacy laws and their implementing regulations, as amended or superseded from time to time, that apply generally to the processing of individuals’ Personal Data and that do not apply solely to specific industry sectors (e.g., financial institutions), specific demographics (e.g., children), or specific classes of information (e.g., health or biometric information). State Privacy Laws include the following:
623
6241.1.1. California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (California Civil Code §§ 1798.100 to 1798.199) (“CPRA”);
625
6261.1.2. Colorado Privacy Act (Colorado Rev. Stat. §§ 6-1-1301 to 6-1-1313) (“ColoPA”);
627
6281.1.3. Connecticut Personal Data Privacy and Online Monitoring Act (Public Act No. 22-15) (“CPOMA”);
629
6301.1.4. Utah Consumer Privacy Act (Utah Code Ann. §§ 13-61-101 to 13-61-404) (“UCPA”); and
631
6321.1.5. Virginia Consumer Data Protection Act (Virginia Code Ann. §§ 59.1-575 to 59.1-585) (“VCDPA”).
633
6341.2. “Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable natural person. Where applicable, Personal Data shall be interpreted consistent with the same or similar term under State Privacy Laws.
635
6361.3. “Share,” “Shared,” and “Sharing” have the meaning defined in the CPRA.
637
6381.4. “Sale” and “Selling” have the meaning defined in the State Privacy Laws.
639
6401.5. “Controller” means “Controller” or “Business” as those terms are defined in the State Privacy Laws.
641
6421.6. “Processor” means “Processor,” “Service Provider,” or “Contractor” as those terms are defined in the State Privacy Laws.
643
6441.7. “Consumer” has the meaning defined in the State Privacy Laws.
645
6461.8. “Processing,” “Process,” and “Processed” have the meaning defined in the State Privacy Laws.
647
6481.9. “Company Personal Data” means Personal Data provided by Company to, or which is collected on behalf of Company by, Vendor to provide services to Company pursuant to the Terms.
649
6501.10. In the event of a conflict in the meanings of defined terms in the State Privacy Laws, the meaning from the law applicable to the state of residence of the relevant Consumer applies.
651
652#### 2. Scope, Roles, and Termination.
653
6542.1. Applicability - This U.S. State DPA applies only to Vendor’s Processing of Company Personal Data for the nature, purposes, and duration set forth in Appendix 1 and Appendix 3.
655
6562.2. Roles of the Parties - For the purposes of the Terms and this U.S. State DPA, Company is the Party responsible for determining the purposes and means of Processing Company Personal Data as the Controller and appoints Vendor as a Processor to Process Company Personal Data on behalf of Company for the limited and specific purposes set forth in Appendix 3.
657
6582.3. Obligations at Termination - Upon termination of the Terms, except as set forth therein or herein, Vendor will discontinue Processing and destroy or return Company Personal Data in its or its subcontractors and sub-processors possession 
658without undue delay. Vendor may retain Company Personal Data to the extent required by law but only to the extent and for such period as required by such law and always provided that Vendor shall ensure the confidentiality of all such Company Personal Data.
659
660#### 3. Compliance.
661
6623.1. Compliance with Obligations - In addition to the representations and warranties set forth in the Terms, Vendor further represents and warrants that Vendor, its employees, agents, subcontractors, and sub-processors (a) shall comply with the obligations of the State Privacy Laws, (b) shall provide the level of privacy protection required by the State Privacy Laws, (c) shall provide Company with all reasonably-requested assistance to enable Company to fulfill its own obligations under the State Privacy Laws, and (d) understand and shall comply with this U.S. State DPA. Upon the reasonable request of Company, Vendor shall make available to Company all information in Vendor’s possession necessary to demonstrate Vendor’s compliance with this subsection.
663
6643.2. Compliance Assurance - Company has the right to take reasonable and appropriate steps to ensure that Vendor uses Company Personal Data consistent with Company’s obligations under applicable State Privacy Laws and the security measures attached hereto at Appendix 2 and incorporated herein.
665
6663.3. Compliance Monitoring - Company has the right to monitor Vendor’s compliance with this U.S. State DPA through measures, including, but not limited to, ongoing manual reviews, automated scans, regular assessments, audits, or other annual technical and operational testing at least once every 12 months.
667
6683.4. Compliance Remediation - Vendor shall notify Company no later than five business days after determining that it can no longer meet its obligations under applicable State Privacy Laws. Upon receiving notice from Vendor in accordance with this subsection, Company may direct Vendor to take reasonable and appropriate steps to stop and remediate unauthorized use of Company Personal Data.
669
670#### 4. Restrictions on Processing.
671
6724.1. Limitations on Processing - Vendor will Process Company Personal Data solely as instructed in the Terms and this U.S. State DPA. Except as expressly permitted by the State Privacy Laws, Vendor is prohibited from (i) Selling or Sharing Company Personal Data, (ii) retaining, using, or disclosing Company Personal Data for any purpose other than for the specific purpose of performing the Services specified in Appendix 3, (iii) retaining, using, or disclosing Company Personal Data outside of the direct business relationship between the Parties, and (iv) combining Company Personal Data with Personal Data obtained from, or on behalf of, sources other than Company, except as expressly permitted under applicable State Privacy Laws.
673
6744.2. Confidentiality - Vendor shall ensure that its employees, agents, subcontractors, and sub-processors are subject to a duty of confidentiality with respect to Company Personal Data.
675
6764.3. Vendor shall notify Company of any intended changes concerning the addition or replacement of subcontractors or sub-processors. Further, Vendor shall ensure that Vendor’s subcontractors or sub-processors who Process Company Personal Data on Vendor’s behalf agree in writing to the same or equivalent restrictions and requirements that apply to Vendor in this U.S. State DPA and the Terms with respect to Company Personal Data, as well as to comply with the applicable State Privacy Laws.
677
6784.4. Right to Object - Company may object in writing to Vendor’s appointment of a new subcontractor or sub-processor on reasonable grounds by notifying Vendor in writing within 30 calendar days of receipt of notice in accordance with Section 4.3. In the event Company objects, the Parties shall discuss Company’s concerns in good faith with a view to achieving a commercially reasonable resolution.
679
680#### 5. Consumer Rights.
681
6825.1. Vendor shall provide commercially reasonable assistance to Company for the fulfillment of Company’s obligations to respond to State Privacy Law-related Consumer rights requests regarding Company Personal Data.
683
6845.2. Company shall inform Vendor of any Consumer request made pursuant to the State Privacy Laws that they must comply with. Company shall provide Vendor with the information necessary for Vendor to comply with the request.
685
6865.3. Vendor shall not be required to delete any Company Personal Data to comply with a Consumer’s request directed by Company if retaining such information is specifically permitted by applicable State Privacy Laws; provided, however, that in such case, Vendor will promptly inform Company of the exceptions relied upon under applicable State Privacy Laws and Vendor shall not use Company Personal Data retained for any purpose other than provided for by that exception.
687
688#### 6. Deletion of Company Personal Data
689
6906.1. Upon direction by Company, and in any event no later than 30 days after receipt of a request from Company, Vendor shall promptly delete Company Personal Data as directed by Company, unless Vendor is required by law to retain such data, in 
690which case Vendor shall, on ongoing basis, isolate and protect the security and confidentiality of such Personal Data and prevent any further processing except to the extent required by such law and shall destroy or return to Company all other Personal Data not required to be retained by Vendor by law.
691
692#### 7. Deidentified Data‍
693
6947.1. In the event that Company discloses or makes available Deidentified data (as such term is defined in the State Privacy Laws) to Vendor, Vendor shall not attempt to reidentify the information.
695
696#### 8. Security
697
6988.1. Vendor and Company shall implement and maintain no less than commercially reasonable security procedures and practices, appropriate to the nature of the information, to protect Company Personal Data from unauthorized access, destruction, use, modification, or disclosure.
699
7008.2. Vendor shall fully comply with the security measures attached at Appendix 2.
701
702#### 9. Sale of Data‍
703
7049.1. The Parties acknowledge and agree that the exchange of Personal Data between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Terms or this U.S. State DPA.
705
706#### 10. Changes to Applicable Privacy Laws.‍
707
70810.1. The Parties agree to cooperate in good faith to enter into additional terms to address any modifications, amendments, or updates to applicable statutes, regulations or other laws pertaining to privacy and information security, including, where applicable, the State Privacy Laws.
709`;const A={class:"space-y-6 p-6"},C={class:"mb-6 flex items-center justify-between gap-4"},x={class:"text-3xl font-bold"},k={class:"space-y-6 max-w-4xl mx-auto"},T={key:0,class:"text-center py-8"},I={class:"text-muted-foreground"},D={key:1,class:"text-center py-8"},U={class:"text-red-500"},V=["innerHTML"];var b=f({name:"TermsOfService",__name:"terms-of-service",setup(S){const u=g(),a=c(!1),s=c(null),h=v(()=>{try{return s.value=null,m.parse(p)}catch(t){return s.value=t instanceof Error?t.message:"Failed to load terms of service",console.error("Error loading terms of service:",t),""}});return(t,o)=>(r(),i("div",A,[e("div",C,[e("button",{onClick:o[0]||(o[0]=P=>n(u).push("/")),class:"inline-flex items-center justify-center rounded-md text-sm font-medium transition-colors focus-visible:outline-none focus-visible:ring-2 focus-visible:ring-ring focus-visible:ring-offset-2 disabled:opacity-50 disabled:pointer-events-none ring-offset-background hover:bg-accent hover:text-accent-foreground h-10 w-10","aria-label":"Go back"},[...o[1]||(o[1]=[e("svg",{xmlns:"http://www.w3.org/2000/svg",width:"24",height:"24",viewBox:"0 0 24 24",fill:"none",stroke:"currentColor","stroke-width":"2","stroke-linecap":"round","stroke-linejoin":"round"},[e("path",{d:"M19 12H5M12 19l-7-7 7-7"})],-1)])]),e("h1",x,l(t.$t("userMenu.termsOfService")),1),o[2]||(o[2]=e("div",null,null,-1))]),e("div",k,[n(a)?(r(),i("div",T,[e("p",I,l(t.$t("common.loading")),1)])):n(s)?(r(),i("div",D,[e("p",U,l(n(s)),1)])):(r(),i("div",{key:2,class:"markdown-content",innerHTML:n(h)},null,8,V))])]))}});typeof d=="function"&&d(b);var F=Object.freeze(Object.defineProperty({__proto__:null,default:b},Symbol.toStringTag,{value:"Module"})),y=`#### Last updated: April 02, 2026
710
711This Privacy Policy ("Policy") describes how Viralux.ai (together with its subsidiaries and affiliates, "Viralux," "we," "our," or "us") collects, uses, and discloses information about you when you access or use our website at www.viralux.ai ("Website"), our AI-powered content generation services (including video, image, and text generation), software, mobile applications, and all other products and services we offer (collectively, the "Services").
712
713**Company Information:**  
714We are a company registered in Wyoming, United States. Our registered address is: 30 N Gould St Ste R Sheridan, WY 82801. We are the data controller under applicable privacy laws.
715
716**Your Agreement:**  
717By using the Services, you represent and warrant that you have read, understood, and agreed to this Privacy Policy and our Terms of Service, and that you are at least 18 years of age. If you do not agree with this Privacy Policy, please do not use, install, or access the Services.
718
719**Scope:**  
720This Policy applies to information we collect through the Services and our interactions with you. It does not apply to information collected by third parties, including any websites, services, or applications that may link to or be accessible from our Services.
721
722## 1. Definitions
723
724**"Personal Information"** (or "Personal Data") means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Examples include your name, email address, and content you upload to or generate through the Services.
725
726**"User Content"** means all materials you upload, submit, or otherwise provide to the Services, including:
727
728- **Input Materials:** videos, images, audio files, text prompts, and other source materials;
729- **Output Materials:** AI-generated content (including videos, images, text, and related files) created by our Services based on your Input Materials; and
730- **Associated Metadata:** file names, timestamps, processing parameters, and technical information related to your content.
731
732## 2. Information We Collect
733
734### Information You Provide Directly
735
736When you use our Services, you may provide us with the following information:
737
738- **Account Information:** Your name, email address, password, profile picture, and other information you add to your account profile.
739- **User Content:** Videos, images, audio files, text prompts, and other Input Materials you upload; Output Materials (AI-generated content including videos, images, and text) we create for you; and associated metadata such as file names, timestamps, and processing parameters.
740- **Payment Information:** When you purchase paid Services on our website, we may collect limited payment information (e.g., payment card type, last four digits, billing address). Full payment card details for web purchases are processed directly by our payment processor (Stripe) and are not stored by us. When you purchase subscriptions or other digital items through our mobile applications, payments are processed by the Apple App Store; we do not receive your full payment credentials from those platforms. See Section 12 for more detail.
741- **Communications:** Information you provide when you contact us for support, submit feedback, or communicate with us through any channel.
742- **Business Information:** If you are a business customer, vendor, or prospect, we may collect your name, company, job title, email address, phone number, and order details in the context of our business relationship.
743
744### Information Collected Automatically
745
746When you use our Services, we automatically collect certain technical information, including:
747
748- **Device Information:** Device type, operating system, browser type, screen resolution, unique device identifiers, and IP address.
749- **Log Data:** Information your browser or device automatically sends, including access times, pages viewed, actions taken, and referring URLs.
750- **Usage Data:** Information about how you interact with our Services, such as features used, content generated, processing requests, and session duration.
751- **Location Data:** Approximate location based on your IP address (city, region, country).
752- **Cookies and Similar Technologies:** We use cookies, web beacons, pixels, and similar technologies to recognize your device, analyze usage patterns, deliver targeted advertising, measure advertising effectiveness, and improve your experience. See Section 3 for more details.
753- **Attribution Data:** Information collected by our attribution partners (AppsFlyer, Adjust, and Kochava) about how you discovered our Services, including advertising campaign data, referral sources, and conversion events.
754
755## 3. Cookies and Similar Technologies
756
757We use cookies, web beacons, pixels, and similar tracking technologies to collect information about your interactions with our Services. These technologies help us:
758
759- **Operate the Services:** Remember your preferences, maintain your session, and enable essential functionality.
760- **Analyze Usage:** Understand how users interact with our Services, identify popular features, and diagnose technical issues.
761- **Improve Experience:** Personalize content and optimize Service performance.
762- **Advertising and Marketing:** Deliver targeted advertisements, conduct remarketing campaigns, measure advertising effectiveness, and track conversions and user acquisition across platforms.
763
764**Types of Tracking Technologies:**
765
766We use certain tracking technologies to collect usage data, including first-party tracking technologies (those placed directly by us and used only by us) and third-party tracking technologies (those placed by websites, services, and/or parties other than us). These tracking technologies include those provided by Google Ads, Meta (Facebook and Instagram), TikTok, AppsFlyer, Adjust, and Kochava.
767
768We use tracking technologies because it is in our legitimate interests to facilitate, improve, and tailor your experience with the Services, run analytics, debug, and provide and improve our products and services. We may associate usage data with the device you use to access the Services or email accounts you use to engage with us. We also use tracking technologies for advertising-related purposes, including for remarketing, to deliver targeted ads to you, to measure user acquisition and attribution, and to analyze and measure the effectiveness of our advertisements.
769
770**Advertising and Attribution Partners:** We work with the following advertising and analytics partners to help us understand Service usage, deliver relevant advertisements, measure campaign effectiveness, and track user acquisition:
771
772- **Google Ads & Google Analytics:** For analytics, display advertising, search advertising, remarketing, and conversion tracking. Learn about [Google's practices](https://www.google.com/policies/privacy/partners/) and [opt out of Google Analytics](https://tools.google.com/dlpage/gaoptout).
773- **Meta Pixel (Facebook & Instagram):** For advertising, remarketing, conversion tracking, and analytics on Meta platforms. Learn about [Meta's data practices](https://www.facebook.com/about/privacy/) and manage your [ad preferences](https://www.facebook.com/ads/preferences).
774- **TikTok Pixel:** For advertising, remarketing, and analytics on TikTok. Learn about [TikTok's privacy practices](https://www.tiktok.com/legal/privacy-policy) and manage your [ad settings](https://www.tiktok.com/setting/privacy).
775- **AppsFlyer:** For mobile attribution, user acquisition tracking, and analytics. See [AppsFlyer's Privacy Policy](https://www.appsflyer.com/legal/privacy-policy/).
776- **Adjust:** For mobile attribution, campaign measurement, and fraud prevention. See [Adjust's Privacy Policy](https://www.adjust.com/terms/privacy-policy/).
777- **Kochava:** For mobile attribution, analytics, and marketing measurement. See [Kochava's Privacy Policy](https://www.kochava.com/support-privacy/).
778
779**Your Choices:** Most browsers allow you to control cookies through settings. You can typically choose to block or delete cookies, though this may affect certain functionality of the Services. While you do not have to allow us to use tracking technologies, they do enable us to continually improve our Services, making it a better and more useful experience for you.
780
781If you choose, you can disable or delete cookies in your internet browser at any time. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. For further details, please consult the help menu in your internet browser or the documentation that came with your device. Disabling or deleting cookies may cause some of the Services to work incorrectly, and you may lose any information that enables you to access our Services more quickly and efficiently, including login and personalization settings.
782
783While your browser may allow you to transmit a "do not track" or "opt-out preference" signal or other mechanism for exercising choices regarding the collection of information by tracking technologies, like many websites, our Services are not designed to respond to such signals at this time.
784
785For more information about cookies and how to manage them, visit [www.allaboutcookies.org](http://www.allaboutcookies.org).
786
787**Opting Out of Targeted Advertising:** Google and Meta also provide options to customize how your information is collected and used. If you apply certain ad blockers or tools to restrict cookies, it may interfere with your ability to opt out. You can also opt out of targeted advertising through:
788
789- Industry opt-out tools such as the [Digital Advertising Alliance](https://optout.aboutads.info/) or [Network Advertising Initiative](https://optout.networkadvertising.org/)
790- Platform-specific ad settings (links provided above)
791- Enabling Global Privacy Control (GPC) in your browser
792
793Please note that opting out does not mean you will no longer receive advertisements; it means the ads you see may be less relevant to your interests.
794
795## 4. How We Use Your Information
796
797We use the information we collect for the following purposes:
798
799### Service Delivery and Operations
800
801- **Provide the Services:** Process your Input Materials to generate Output Materials (AI-generated content including videos, images, and text), deliver content to you, and maintain your account.
802- **Account Management:** Create and manage your account, authenticate your identity, and provide customer support.
803- **Process Payments:** Facilitate transactions and billing for paid Services.
804- **Communications:** Send you service-related announcements, updates, security alerts, and respond to your inquiries.
805
806### Safety and Security
807
808- **Content Moderation:** We may automatically or manually review User Content to detect, prevent, or refuse prohibited content as described in our Terms of Service (e.g., content involving minors, non-consensual imagery, hate speech, violence, or illegal activities).
809- **Fraud Prevention:** Detect, investigate, and prevent fraudulent transactions, unauthorized access, and other illegal activities.
810- **Security:** Protect the security and integrity of our Services, systems, and users.
811
812### Service Improvement and Research
813
814- **Analytics:** Analyze usage patterns, diagnose technical issues, and understand how users interact with our Services.
815- **Product Development:** Improve existing features and develop new products and services.
816
817### Model Training and Improvement
818
819We may use de-identified or aggregated data derived from User Content to train, improve, and develop our AI models and Services. This helps us enhance the quality of content generation (including videos, images, and text) and develop new features.
820
821**Your Right to Opt Out:** You may opt out of having your User Content used for model training at any time through your account settings. Opting out will not affect your ability to use the Services or the quality of service you receive.
822
823### Marketing and Advertising
824
825**Direct Marketing:** With your consent (where required by law), we may send you promotional communications about our products and services via email. You can opt out of marketing emails at any time by clicking the "unsubscribe" link in the email or contacting us at [email protected].
826
827**Targeted Advertising:** We and our advertising partners (including Google Ads, Meta, TikTok, AppsFlyer, Adjust, and Kochava) may use information about you to:
828
829- Deliver targeted advertisements to you on our Services and across other websites, mobile applications, and platforms (including social media)
830- Conduct remarketing campaigns to reach users who have previously visited our Services
831- Measure the effectiveness of our advertising campaigns and track conversions
832- Attribute user acquisitions to specific marketing channels and campaigns
833- Understand how users discover and interact with our Services through different marketing sources
834- Personalize advertising content based on your interests and behavior
835- Prevent advertising fraud and optimize advertising spend
836
837We may share limited information with advertising and attribution partners (such as device identifiers, IP addresses, hashed email addresses, and conversion events) to enable these activities. You can opt out of targeted advertising as described in Section 3 ("Cookies and Similar Technologies") above.
838
839### Legal Compliance
840
841- Comply with applicable laws, regulations, and legal processes.
842- Respond to lawful requests from public authorities, including law enforcement.
843- Enforce our Terms of Service and protect our rights, property, and safety, and that of our users and others.
844
845## 5. How We Share Your Information
846
847We only disclose your personal information as described in this Privacy Policy. Unless otherwise described, we will never sell your personal information to anyone for monetary consideration. You are in control of your personal information at all times.
848
849‍In certain circumstances, we may disclose your personal information to third parties for the purposes described in this Privacy Policy, including:
850
851### Service Providers and Vendors
852
853- **Cloud Infrastructure:** Cloud service providers for compute and data storage (e.g., Amazon Web Services), based in the United States.
854- **AI Service Providers:** Third-party artificial intelligence providers that support certain features of our Services, including but not limited to OpenAI, Google (including Gemini), Anthropic, and other AI service providers for text generation, prompt processing, image generation, and video generation. These providers process your inputs and generate outputs according to their respective privacy policies.
855- **Payment Processors:** Payment processing services that handle transactions on our behalf, including Stripe for web checkout and, when you use our mobile apps, Apple (App Store) for in-app purchases and subscriptions. Those parties may process billing data in accordance with their own terms and privacy policies. See [Stripe's Privacy Policy](https://stripe.com/privacy); for mobile purchases, see Apple's applicable privacy documentation.
856- **Analytics Providers:** Services that help us understand usage patterns and improve our Services (e.g., Google Analytics). Learn about [Google's practices](https://www.google.com/policies/privacy/partners/) and [opt out](https://tools.google.com/dlpage/gaoptout).
857- **Advertising and Marketing Partners:** Third-party advertising networks, social media platforms, and marketing technology providers that help us deliver targeted advertisements, conduct remarketing campaigns, measure advertising effectiveness, and track user acquisition and attribution. These partners include:
858  - **Google Ads:** For display advertising, search advertising, remarketing, and conversion tracking. See [Google's Privacy Policy](https://policies.google.com/privacy).
859  - **Meta (Facebook & Instagram):** For social media advertising, remarketing, and conversion tracking. See [Meta's Privacy Policy](https://www.facebook.com/about/privacy/).
860  - **TikTok:** For video advertising and user acquisition campaigns. See [TikTok's Privacy Policy](https://www.tiktok.com/legal/privacy-policy).
861  - **AppsFlyer:** For mobile app attribution, user acquisition tracking, and campaign analytics. See [AppsFlyer's Privacy Policy](https://www.appsflyer.com/legal/privacy-policy/).
862  - **Adjust:** For mobile attribution, campaign measurement, and fraud prevention. See [Adjust's Privacy Policy](https://www.adjust.com/terms/privacy-policy/).
863  - **Kochava:** For mobile attribution, marketing measurement, and analytics. See [Kochava's Privacy Policy](https://www.kochava.com/support-privacy/).
864
865  These partners may receive information such as device identifiers, IP addresses, cookie data, hashed email addresses, conversion events, and in-app events to enable targeted advertising, measure campaign performance, and prevent fraud. In some cases, we may be legally liable for such onward transfers to third parties.
866
867### Business Operations
868
869- **Affiliates:** Our subsidiaries and affiliated companies for purposes consistent with this Policy.
870- **Business Transfers:** In connection with any merger, acquisition, sale of assets, financing, or bankruptcy, your information may be transferred to or shared with the acquiring or successor entity.
871- **Professional Advisors:** Lawyers, auditors, and other professional advisors where necessary for our business operations.
872
873### Legal and Safety
874
875- **Legal Compliance:** When required by law, regulation, legal process, or governmental request.
876- **Protection of Rights:** To protect the rights, property, or safety of Viralux, our users, or the public; to detect, prevent, or address fraud, security, or technical issues; or to enforce our Terms of Service.
877
878### With Your Consent
879
880We may share your information with other parties when you direct us to do so or provide your consent.
881
882**Data Protection Commitments:** We require all service providers to enter into data processing agreements that limit their use of your information to the purposes we specify and require them to implement appropriate security measures.
883
884## 6. Data Retention
885
886We retain your information only for as long as necessary to fulfill the purposes described 
886in this Policy, unless a longer retention period is required or permitted by law.
887
888**Retention Periods:**
889
890- **Account Information:** Retained while your account is active and for a reasonable period thereafter to comply with legal obligations and resolve disputes.
891- **User Content:** Retained until you delete it or close your account.
892- **Payment Records:** Retained as required for tax, accounting, and legal compliance purposes.
893- **Usage and Log Data:** Generally retained for up to 12 months for analytics and security purposes.
894
895**Account Deletion:**
896When you delete your account or request deletion of your data, we will make commercially reasonable efforts to delete your information within 30 days. However:
897
898- Backup copies may take additional time to be fully purged from our systems.
899- We may retain certain information as required by law or for legitimate business purposes (e.g., fraud prevention, dispute resolution).
900- De-identified or aggregated data that cannot reasonably be used to identify you may be retained indefinitely.
901- If applicable law requires us to retain certain information, we will do so and take steps to pseudonymize it where possible.
902
903## 7. Links to Other Websites
904
905Occasionally, the Services may link to external websites. These websites may contain offers and promotions from third parties. We provide these links to help you find information, products, or services that may be useful or of interest to you. We are not responsible for the content on these websites or what they offer, nor can we guarantee these websites will always function properly. The presence of links to other sites does not imply endorsement or partnership with those who operate or promote these websites. The terms and conditions and privacy policies of any website controlled, owned, or operated by third parties will tell you how to use that website. Using these sites operated by others is at your own risk. Viralux expressly disclaims any responsibility for anything that may occur due to your use of or viewing of websites or other content linked in the Services.
906
907Occasionally, the Services may link to external websites. These websites may contain offers and promotions from third parties. We provide these links to help you find information, products, or services that may be useful or of interest to you. We are not responsible for the content on these websites or what they offer, nor can we guarantee these websites will always function properly. The presence of links to other sites does not imply endorsement or partnership with those who operate or promote these websites. The terms and conditions and privacy policies of any website controlled, owned, or operated by third parties will tell you how to use that website. Using these sites operated by others is at your own risk. Viralux.ai expressly disclaims any responsibility for anything that may occur due to your use of or viewing of websites or other content linked in the Services. You agree that Viralux.ai is not responsible for any possible occurrences if you click on links within the Services.
908
909## 8. Your Rights
910
911Depending on where you live, you may have certain rights in relation to your personal information. However, these rights are not absolute and may only apply in certain circumstances.
912
913- **Access.** You may have the right to request access to the information we hold about you, how we use it, and who we share it with.
914- **Deletion.** You may have the right to request that we delete information we hold about you.
915- **Correction.** You may have the right to request that we correct inaccurate information we maintain about you.
916- **Portability.** You may have the right to receive a copy of personal information we hold about you and request that we transfer it to a third party.
917- **Restriction of Processing.** You may have the right to ask us to stop, suspend, or restrict our processing of your personal information.
918- **Objection.** You may have the right to object to our processing of your personal information, including to opt out of your information being used to train our AI models. You can also object to marketing at any time by using the unsubscribe link in our communications.
919- **Withdrawal of Consent.** Where we rely on consent to process your personal information, you may withdraw this consent at any time. However, this may limit our ability to provide you with certain features of the Services.
920
921To exercise these rights, please contact us at [email protected].
922
923We will not discriminate against you for exercising any of these rights. We may need to verify your identity before processing your request, such as by confirming your email address. You may designate an authorized agent to make requests on your behalf; we may require proof of authorization and may need you to verify your identity directly with us. If we deny your request, you may appeal our decision by contacting us.
924
925## 9. Security
926
927We implement commercially reasonable technical, administrative, and organizational measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no internet transmission or electronic storage is 100% secure, and we cannot guarantee absolute security.
928
929## 10. California Residents (CCPA)
930
931Section 1798.83 of the California Civil Code requires certain businesses that share customer personal information with third parties for direct marketing by the third party to respond to California customer inquiries regarding such practices. We currently do not share or disclose your personal information with third parties for direct marketing. If we change this practice, we will implement an opt-out policy as required by California law.  
932Additionally, except for certain exemptions, California residents have the following rights concerning personal information we may collect about them:
933
934- **Right to Know**: You have the right to request that we disclose:
935  - The categories of personal information we collect about you.
936  - The categories of personal information we sold or disclosed for a business purpose.
937  - The categories of sources from which we collect personal information about you.
938  - The business or commercial purposes for collecting or selling your personal information.
939  - The categories of personal information that were sold or disclosed, if any, and the categories of third parties to whom personal information was sold (by category of personal information for each party who sold personal information).
940  - Specific pieces of personal information we have collected about you.
941    You may submit a request to know using one of the methods described in “Methods for Submitting Consumer Requests and Our Responses to Requests” below. Our response may be delivered electronically or by mail. Within 12 months, we are only required to respond to two requests to know.
942    We do not sell, and have not in the past 12 months sold, personal information about California residents. Therefore, we have not included a "Do Not Sell My Personal Information" link on our website. If our practices change, we will update this Privacy Policy and take any additional steps needed to comply with applicable laws. However, we do disclose personal information for business purposes, as described in Section 5 ("How We Share Your Information") above.
943
944- **Right to Deletion**: You have the right to request that we delete any personal information we have collected about you. Upon receiving a verified request for deletion of personal information, we will do so unless otherwise required or permitted by law. You may submit a request for deletion using one of the methods described in “Methods for Submitting Consumer Requests and Our Responses to Requests” below.
945
946- **Authorized Agent**: You may designate an authorized agent to make a request on your behalf. You must provide the authorized agent with written permission to submit the request on your behalf, and we may require you to verify your identity directly with us. Alternatively, an authorized agent authorized under the Probate Code sections 4000-4465 may submit a request on your behalf.
947
948**Methods for Submitting Consumer Requests and Our Responses to Requests**  
949 You can submit access and deletion requests about your personal information by:
950
951- Sending an email to [email protected] with the subject line “Personal Information Request.”  
952  After receiving your request, we may ask for additional information to verify your identity. Any additional information you provide will be used solely for identity verification purposes and not for any other purpose.  
953  We will confirm receipt of your request within 10 days of receipt. Depending on our ability to verify your identity, we will respond to your request within 45 days of receipt. If we need additional time (up to 90 days), we will notify you in writing with the reason and extension period. To protect your privacy and the security of your personal information, we may verify your request by requiring account verification or identity information submission (e.g., a driver’s license or other photo identification).  
954  Any disclosures we provide will only cover the 12-month period preceding the receipt of a verifiable consumer request. Our response will also explain any reasons we cannot comply with the request (if applicable).  
955  We will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine a request warrants a fee, we will explain why we made that decision and provide a cost estimate before completing your request.
956- **Right to Non-Discrimination**: You have the right not to be discriminated against for exercising your California privacy rights. Unless permitted by the CCPA, we will not:
957  - Deny you goods or services.
958  - Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
959  - Provide you with a different level or quality of goods or services.
960  - Suggest that you may receive different prices or rates for goods or services or a different level or quality of goods or services.
961
962## 11. International Data Transfer
963
964Viralux.ai is based in the United States. Therefore, personal information collected on the Services and Website may be transferred to our offices in the United States. Additionally, we may partner with third-party service providers in the United States and other countries to support our business operations. Consequently, personal information may be transferred to and stored on servers located outside the country or region where the information was originally collected and may be accessed from those countries. In all such cases, we use, transfer, and disclose personal information solely for the purposes described 
964in this Privacy Policy and in compliance with applicable laws.
965
966**Transfer Responsibilities**:
967
968- **Transfer to Third-Party Controllers**: When transferring personal information to a third party acting as a controller, Viralux.ai may establish contractual agreements to ensure data is processed solely for limited and specific purposes consistent with individual consent. Such contracts may stipulate that the recipient provides a level of protection consistent with Viralux.ai policies and that, should the third party determine it can no longer fulfill this obligation, it must notify Viralux.ai. Following such a determination, the third-party controller may cease processing or take other reasonable and appropriate measures to remediate the issue.
969- **Transfer to Third-Party Agents**: When transferring personal information to a third party acting as an agent, Viralux.ai may: (i) transfer such data only for limited and specific purposes; (ii) ensure the agent is obligated to provide at least the same level of privacy protection; (iii) take reasonable steps to ensure effective processing consistent with Viralux.ai obligations; (iv) require the agent to notify Viralux.ai if the agent determines it can no longer provide the same level of protection; (v) upon receiving such notice, take reasonable steps to stop and remediate unauthorized processing; and (vi) provide relevant privacy terms upon request within the contract with the agent.
970
971**Choices**:
972
973- **Opt-Out Mechanism**: Viralux.ai may provide individuals with the opportunity to opt out of having their personal information disclosed to a third party or used for purposes that are materially different from the purpose originally collected or subsequently authorized by the individual. An opt-out mechanism should be provided, although such mechanisms may not always be applicable.
974- **Exceptions**: When disclosing to a third party acting as an agent per Viralux.ai instructions, opting out may not be required. However, Viralux.ai will generally enter into contracts with such agents.
975- **Opt-In for Sensitive Information**: For sensitive information, Viralux.ai may obtain the individual’s explicit consent (opt-in) before disclosing it to a third party or using it for purposes other than those originally collected or subsequently authorized. Additionally, Viralux.ai may treat any personal information received from third parties as sensitive information as long as it is identified and treated as such.
976
977## 12. Payment Information
978
979### 12.1 Web purchases (Stripe)
980
981We use Stripe as our third-party payment processor for website transactions. When you make a payment on our website, your credit card details are transmitted directly from your browser to Stripe and are not stored on our servers.
982
983**What we see:** Payment card type, last four digits of your card number, and billing address.
984
985**What Stripe handles:** Full payment card details, transaction processing, and fraud prevention.
986
987For information about how Stripe uses and protects your payment information, please refer to [Stripe's Privacy Policy](https://stripe.com/privacy).
988
989### 12.2 In-app purchases and subscriptions
990
991When you use our mobile applications, you may access additional features or content through in-app purchases ("IAPs"), including recurring subscription plans and one-time purchases.
992
993**Subscriptions and auto-renewal:** Subscriptions may be offered on a monthly or yearly basis, depending on your selection. Auto-renewable subscriptions will renew unless you cancel at least 24 hours before the end of the current billing period, unless the applicable platform's rules provide otherwise. Your App Store account may be charged for renewal within 24 hours prior to the end of the current period.
994
995**Management and cancellation:** You can manage or cancel a subscription through your account settings on the Apple App Store (for iOS). Deleting the App does not automatically cancel your subscription. You must cancel through the App Store subscription settings.
996
997**Refunds:** Payments and refunds for in-app purchases on mobile are handled by the Apple App Store, depending on your platform. Viralux.ai does not process direct refunds for those in-app purchases. Please refer to Apple's refund and billing policies. One-time in-app purchases may be final and n
997on-refundable once delivered, except as required by applicable law or the relevant store policy.
998
999**EULA (iOS):** If you use our App on iOS, your use of the licensed application is also subject to Apple's applicable terms, including the [Apple Media Services Terms and Conditions](https://www.apple.com/legal/internet-services/itunes/us/terms.html) and the standard end user license agreement for licensed applications (EULA) presented when you download the App from the App Store, as Apple may update them from time to time.
1000
1001## 13. Children's Privacy
1002
1003We do not knowingly collect, retain, or use personal information from children under the age of 18, and no part of our Services is directed toward children. If you are a parent or guardian and become aware that your child has provided us with personal information, please contact us so that we can delete such information. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information on our Website and/or Services without permission. If you discover that a child under the age of 18 has provided us with personal information in violation of this Privacy Policy, you may alert us at [email protected]. We will take reasonable steps to delete that information as promptly as possible.
1004
1005## 14. Changes to This Policy
1006
1007We regularly review and enhance our security and privacy policies. As we update and expand our Services, this Privacy Policy may change. We will strive to notify you of these changes by email; however, we disclaim any liability if notification is not provided. We also encourage you to periodically review this Privacy Policy. Your continued use of the Services after any changes to this Privacy Policy will indicate your acceptance of those changes.
1008
1009## 15. Contact Us
1010
1011If you have any concerns or questions regarding this Privacy Policy, please contact us at [email protected].
1012
1013#### APPENDIX
1014
1015Viralux.ai has created this Data Privacy Framework Principles Notice (“Notice”) to describe our standards and procedures for handling Personal Information in accordance with the Data Privacy Framework (“DPF”) Principles.
1016This Notice supplements our Policy. Unless specifically defined in this Notice, the terms in this Notice have the same meaning as in our Policy. In case of conflict between the Policy and this Notice, this Notice prevails. In case of conflict between this Notice and the Principles, the Principles will govern.
1017
1018‍**How we obtain Personal Information**
1019
1020We obtain and Process Personal Information from the European Union (“EU”), United Kingdom (“UK”) (and Gibraltar), or Switzerland in different capacities:
1021
1022- As a data controller, we collect and Process EU, UK and Swiss Personal Information directly from individuals, either via our publicly available website https://viralux.ai and www.viralux.ai or through our mobile applications, or in connection with our customer relationships.
1023- Where we provide our Services in connection with an enterprise agreement, we may obtain and process EU, UK, and Swiss Personal Information on behalf of and at the instructions of our enterprise customers. In that context, such customers are the data controllers and we encourage you to read their privacy policies.
1024  Viralux.ai commits to subject to the EU-U.S. DPF Principles, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF Principles (collectively, the “DPF Principles”), all Personal Information received from the EU, the UK (and Gibraltar), or Switzerland in reliance on the DPF Principles (which includes both types of activities).
1025
1026**Data Privacy Framework Principles**
1027
10281. Notice. Our Policy in combination with this Notice describes our privacy practices. When providing our Services as a Data Processor, our customers determine the categories of Personal Information we Process and the purposes of the processing. Accordingly, our customers are responsible for providing notice to individuals. Please see our customers’ privacy policies for more information.
10292. Data Integrity and Purpose Limitation. Any Personal Information we receive may be processed by Viralux.ai for the purposes indicated in our Policy or as otherwise notified to you. We will not process Personal Information in a way that is incompatible with these purposes unless subsequently authorized by you.
1030   We take reasonable steps to limit the collection and usage of Personal Information to that which is relevant for the purposes for which it was collected, and to ensure that such Personal Information is reliable, accurate, complete and current. Individuals are encouraged to keep their Personal Information with Viralux.ai up to date and may contact Viralux.ai as indicated below or in the Policy to request that their Personal Information be updated or corrected.
1031   We will adhere to the DPF Principles for as long as we retain the Personal Information collected under DPF Principles.
1032   When providing our Services as a data processor, we process and retain Personal Information as necessary to provide our Services as permitted in our agreements, or as required or permitted under applicable law.
10333. Accountability for Onward Transfer of Personal Information. Viralux.ai may transfer Personal Information as described 
1033in the Policy. When providing our Services as a data processor, we disclose Personal Information as provided in our agreement with customers.
1034   We remain responsible for the processing of Personal Information received under the DPF Principles and subsequently transferred to a third party acting as an agent if the agent Processes such Personal Information in a manner inconsistent with the DPF Principles, unless we prove that we are not responsible for the event giving rise to the damage.
10354. Security. Viralux.ai takes reasonable and appropriate precautions, taking into account the risks involved in the Processing and the nature of the Personal Information, to help protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
10365. Access and Choice. If we intend to use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized, or if we intend to disclose it to a third party acting as a Data Controller not previously identified, we will offer you the opportunity to opt out of such uses and/or disclosures where it involves non-sensitive information or opt in where sensitive information is involved.
1037   Where appropriate, you have the right to access to the Personal Information we maintain about you and to correct, amend or delete that information when it is inaccurate or has been processed in violation of the DPF Principles by sending a written request as indicated in “Contact Us” below. We will review your request in accordance with the DPF Principles, and may limit or deny access to Personal Information as permitted by the DPF Principles.
1038   When providing our Services as a Data Processor, we only Process and disclose the Personal Information as specified in our agreements. Our customers control how Personal Information is disclosed to us and Processed, and how it can be modified. Accordingly, if you want to request access, or to limit use or disclosure of your Personal Information, please contact the company to whom you submitted your Personal Information and that uses our Services. If you provide us with the name of the company to whom you provided your Personal Information and who is our customer, we will refer your request to that customer and support them in responding to your request.
10396. Recourse, Enforcement and Liability. We conduct an annual self-assessment of our practices regarding Personal Information intended to verify that the assertions we make about our practices are true and that such practices have been implemented as represented.
1040   If you have any questions or concerns, we encourage you to first write to us as indicated below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the DPF Principles.
1041
1042**Contact Us**
1043
1044If you have any questions, concerns or complaints regarding our privacy practices, or if you’d like to exercise your choices or rights, you can contact us:[email protected].
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