Terms of Service

The Services are intended solely for individuals aged 16 years or older. By using the Services, you represent that you are at least 16 and are legally capable of entering into a binding contract in your jurisdiction. The App must not be used by children under 16. We do not knowingly collect personal information from anyone under 16.

You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations.

Viral Lab is an AI‑powered video analysis application that scans social media videos (such as TikTok, Instagram Reels, YouTube Shorts), analyzes them based on various performance criteria, predicts potential metrics (including views, engagement, and virality potential), generates virality scores and retention predictions, and provides personalized recommendations and actionable insights aimed at helping content creators improve their video performance and grow their audience (collectively, the "Analysis & Insights").

To access certain features you may create an account via Apple ID, Google Sign‑In, or anonymous authentication. You must provide accurate registration information when required.

You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.1 Our Content

We grant you a personal, limited, non‑exclusive, revocable, non‑transferable license to download and use the App for your own non‑commercial purposes in accordance with these Terms and Apple's App Store Terms of Service or Google Play Store Terms of Service, as applicable. All rights not expressly granted are reserved by the Company.

You acknowledge that if you download the App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

4.2 User‑Generated Content ("UGC")

When you upload videos for analysis, you retain all ownership rights to your content. However, you grant the Company a worldwide, royalty‑free, non‑exclusive, limited license to process, analyze, store temporarily, and use such videos solely for the purpose of providing the Analysis & Insights and operating and improving the Services.

You represent and warrant that:

• You have all rights necessary to upload and share the videos you submit;
• Your videos do not infringe any third‑party intellectual property rights, privacy rights, or other rights;
• Your videos comply with all applicable laws and these Terms.

You agree not to:

• Upload, transmit, or create any content that is unlawful, hateful, harassing, defamatory, obscene, pornographic, violent, or otherwise objectionable;
• Use the Services for any purpose that violates applicable law or another person's rights;
• Submit videos that you do not have the legal right to analyze or share;
• Attempt to scrape, mine, reverse engineer, decompile, disassemble, or otherwise exploit the Services, AI models, algorithms, or proprietary technology;
• Access or attempt to access the Services by any means other than the interfaces and instructions we provide;
• Interfere with or disrupt the integrity, performance, or security of the Services or any data contained therein;
• Submit an excessive number of requests that could overload our systems or constitute abuse;
• Use the Services for competitive analysis with malicious intent or to build a competing product;
• Circumvent any usage limits, quotas, or technical restrictions we implement.

We reserve the right to suspend or terminate your access immediately for violation of these rules, with or without notice.

Viral Lab currently offers a free tier with limited video analyses. We reserve the right to:

• Implement usage quotas, limits on the number of analyses per day/week/month, or file size restrictions;
• Introduce paid subscription plans or one-time purchase options in the future;
• Modify features, functionality, or access levels at any time with reasonable notice.

If we introduce paid features in the future:

• Billing. All purchases will be processed through the Apple App Store or Google Play Store (each a "Store"). Billing is handled by the Store and governed by its terms and policies. All prices include applicable taxes unless stated otherwise.
• Auto‑Renewal. Subscriptions (if introduced) will automatically renew for the same term unless canceled at least 24 hours before the end of the current period. You can manage or cancel subscriptions in your Store account settings.
• Free Trials. If we offer free trials, you will be charged at the end of the trial period unless you cancel before it ends.
• Refunds. Refund requests must be made through the Store and are subject to its policies. Our policy is no refunds if you have used the analysis features, but the Store may have its own refund policies that override ours.

By creating an account you consent to receive push notifications, in‑app messages, and emails regarding your use of the Services, including analysis status updates, feature announcements, and important service notices.

You may opt out of marketing messages at any time via in-app settings, device notification settings, or the "unsubscribe" link in emails. However, we may still send transactional or legal notices necessary for service operation.

The Services integrate third‑party providers, including but not limited to:

• Supabase (database and authentication)
• OpenAI (AI analysis)
• Anthropic Claude (AI analysis)
• Expo (app framework and services)
• Apple and Google (sign-in, app distribution, and payment processing)

Your use of such third-party services is subject to their separate terms of service and privacy policies. We are not responsible for the availability, accuracy, functionality, or content of any third-party services. Any issues with third-party services should be directed to the respective provider.

The Services may also include open-source software components. Attribution and license information for such components can be found within the App.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON‑INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, secure, error‑free, or free of viruses or other harmful components;
• The Analysis & Insights will be accurate, complete, reliable, current, or will produce any particular result;
• Any predicted metrics, virality scores, or recommendations will match actual video performance;
• Defects will be corrected;
• The Services will meet your specific requirements or expectations.

Apple and Google have no obligation to furnish any maintenance or support services for the App. Monday Labs Inc. is solely responsible for providing maintenance and support. In the event of any failure of the App to conform to any applicable warranty (to the extent such warranties cannot be disclaimed), you may notify Apple or Google, and they may refund any applicable purchase price. To the maximum extent permitted by law, Apple and Google will have no other warranty obligations with respect to the App.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITIES;
• BUSINESS INTERRUPTION OR LOSS OF EXPECTED VIDEO PERFORMANCE;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES;
• DAMAGES RESULTING FROM INACCURATE PREDICTIONS OR ANALYSIS;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Product Claims: Monday Labs Inc. is solely responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parent company, affiliates, subsidiaries, and their respective directors, officers, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorney's fees) arising from:

1. Your breach or violation of these Terms;
2. Your use or misuse of the Services;
3. Your User‑Generated Content, including any videos you upload;
4. Your infringement of any third‑party intellectual property rights, privacy rights, publicity rights, or other rights;
5. Your violation of any applicable laws or regulations;
6. Any actions taken based on Analysis & Insights provided by the Services.

This indemnification obligation will survive termination of these Terms and your use of the Services.

12. Intellectual Property Rights

Ownership: All intellectual property rights in the Services, including the App, algorithms, AI models, software, design, text, graphics, interfaces, and trademarks, are owned by or licensed to Monday Labs Inc. These Terms do not grant you any rights to our intellectual property except for the limited license described in Section 4.1.

Infringement Claims: In the event of any third-party claim that the Viral Lab app or your authorized possession and use of the App infringes that third party's intellectual property rights, Monday Labs Inc., not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by law.

Your Responsibility: You are solely responsible for ensuring you have the right to submit videos for analysis and that your use of the Services does not infringe upon the intellectual property rights of video creators, subjects appearing in videos, or any other third parties.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, is harmful to us or our service providers, or for any other reason at our sole discretion.

You may terminate your account at any time by discontinuing use of the Services and deleting the App from your devices. If you wish to request deletion of your data, please contact us using the information in Section 19.

Upon termination:

• Your right to use the Services immediately ceases;
• We may delete your account and any associated data;
• Sections 4.2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 survive termination.

14. Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws principles.

You consent to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for any dispute arising out of these Terms or the Services.

15. Dispute Resolution

Any disputes, claims, or controversies arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. Please contact us at the address provided in Section 19 to discuss any concerns.

If a dispute cannot be resolved through negotiation, it shall be resolved exclusively in the courts specified in Section 14, subject to any mandatory dispute resolution mechanisms required by your local consumer protection laws.

Class Action Waiver: To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Data Privacy & Export Rights

Your privacy is important to us. We collect and use technical data and limited personal information to provide and improve the Services, as detailed in our Privacy Policy.

Your Rights:

• Data Export: You may request a copy of your personal data by contacting us;
• Data Deletion: You may request deletion of your personal data at any time;
• Opt-Out: You may opt out of certain data collection and marketing communications.

For full details on data collection, use, sharing, retention, and your rights, please review our Privacy Policy, which is incorporated into these Terms by reference.

17. Changes to the Terms or Services

We reserve the right to modify, update, or discontinue these Terms or the Services (or any part thereof) at any time, with or without notice, at our sole discretion.

Notice of Material Changes: If we make material changes to these Terms, we will notify you by:

• Posting a notice in the App;
• Sending an email to the address associated with your account (if provided);
• Updating the "Last updated" date at the top of these Terms.

Acceptance of Changes: Continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and delete your account.

We may also modify features, functionality, pricing, or availability of the Services at any time. We will provide reasonable notice of significant changes where feasible.

18. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Monday Labs Inc. regarding the Services and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision will be modified and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Monday Labs Inc.

Assignment. You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction, including to any affiliate, successor, or acquirer.

Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Feedback License. If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose without compensation or attribution to you.

Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government, Canadian Government, or EU embargo, or that has been designated by any such government as a "terrorist-supporting" country; and (ii) you are not listed on any government list of prohibited or restricted parties.

Language. These Terms are drafted in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

Contact for Legal Process. Any notices, legal service of process, or other communications required under these Terms should be sent to the address listed in Section 19 below.

19. Contact Us

Questions, concerns, or complaints about these Terms or the Services? Please contact Monday Labs Inc. at: