Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

We are willing to license our services to you only upon the condition that you accept the Terms of Use. Using the services provided through Viral App Brewery indicates that you understand this Terms of Service and accept all of its terms and conditions. If you do not accept this Terms of Service, do not use the application or services.

Acceptance of Terms

These Terms of Use govern your use of the applications and other services (collectively the "Service") offered by Viral App Brewery Pte. Ltd., a company organized under the laws of the Republic of Singapore ("Viral App Brewery") regarding use of applications offered by Viral App Brewery Pte Ltd..

These Terms of Use apply to all users of the Service, including users who are also contributors of content, information and other materials to the Service. Any access, browsing or use of the Service constitutes your agreement to follow and be bound by these Terms of Use without modification, and all other operating rules, policies and procedures that may be published from time to time by Viral App Brewery.

If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Service. The Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you.

Changes to the Terms of Use

We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes to these Terms of Use, and these additional or revised terms will become part of the agreement. You should check to see if a new version of the Terms of Use has been posted each time you use the Services.

If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Your continued use of the Service constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by Viral App Brewery as referenced above.

Using or Accessing the Service

Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on Viral App Brewery to provide you any particular service or access to any Service.

You agree that you (a) have provided true, accurate, current, and complete information to Viral App Brewery in connection with any use or access of the Service; and (b) will maintain and update this information to keep it true, accurate, current, and complete. We reserve the right to terminate your access to the Service in the event we learn or believe any information provided may be false, inaccurate, not current, or incomplete.

If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Viral App Brewery's use of the information provided in connection with the Service will be used solely in connection with the operation of the Service and consistent with the Privacy Policy set forth below.

Content

Although the Service has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on the Service may be incomplete, may contain errors, or become out-of-date. Viral App Brewery makes no commitment and expressly disclaims any duty to update any of the content on the Service. Viral App Brewery reserves the right to add, modify, or delete any information on the Service at any time.

Privacy

Please refer to the Privacy Policy for information and notices about how Viral App Brewery collects, uses and shares your personally identifiable information in connection with the Services. Our collection and use of personal data is governed by the Singapore Personal Data Protection Act 2012 ("PDPA") and other applicable data protection laws.

Limitations on Your Use

You agree to abide by all applicable local, state, national, and international laws and regulations in using the Service, and not to use the Service for any purpose that is prohibited by the Terms of Use. You agree not to:

• Use Service for illegal purposes

• Use Service in any manner which violates the rights of a third party, including without limitation intellectual property rights

• Use the Service to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable

• Use the Service for any unauthorized commercial purpose

• Post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, or personal ads

• Use Service to provide materials which contain viruses or other contaminating or destructive features

• Impersonate any person or entity, including any employee or representative of a third party

• Upload photographs depicting nudity, minors, or content you do not have rights to

• Create an account or provide any other information under false pretenses, with false or incomplete information, or to mislead others

Additionally, you shall not:

• Take any action that imposes or may impose an unreasonable or disproportionately large load on Viral App Brewery's (or its third party providers') infrastructure

• Interfere or attempt to interfere with the proper working of the Service or any activities conducted in connection with the Service

• Bypass any measures Viral App Brewery may use to prevent or restrict access to the Service

• Use any automated systems or software to extract data from the Service

The Service is provided only for your own personal use.

User Content

Viral App Brewery is not responsible for reviewing or authorizing content and materials freely posted or uploaded by users. Acceptance of Viral App Brewery's Terms of Use constitutes your agreement to abide by any Conduct Rules or Regulations posted, as well as the restrictions and responsibilities outlined in these Terms of Use. You agree to take full responsibility and liability for the accuracy and appropriateness of any of your posted content, and any consequences that may arise from uploading content to the Service.

You agree and warrant that your User Content (including photographs) is wholly original to you and you exclusively own all the rights to or have all rights to use your User Content.

Viral App Brewery makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Service and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to Viral App Brewery a nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:

• Use, reproduce, modify, adapt, process, and analyze such User Content (including photographs) solely for the purpose of providing the Service features, including color analysis, virtual try-on, and style recommendations

• Use anonymized and aggregated data derived from User Content to improve our AI algorithms and services

You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.

Viral App Brewery will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the Service; and (c) related to your viewing of any content using the Service that you may find offensive.

Photograph Submissions

By submitting photographs to the App for color analysis or virtual try-on features, you:

• Grant us permission to process such photographs using our AI systems and third-party AI services

• Represent that you own or have the right to submit such photographs

• Represent that the photographs do not violate any third party's rights

• Acknowledge that photographs may be processed by third-party AI providers (including Google Gemini and FASHN API) solely for the purpose of providing the Service

We do not sell your photographs to third parties or use them for marketing purposes without your explicit consent.

Termination and Modification of the Service

These Terms of Use are effective until terminated. You agree that Viral App Brewery may terminate your access to the Service at any time for any reason without prior notice or liability. Viral App Brewery may change, suspend, modify or discontinue all or any aspect of the Service at any time, including the availability of any feature, without prior notice or liability. If you wish to terminate your access to the Service, you may simply discontinue using the Service or delete your account through the App settings.

Use of the Service on Mobile Devices

Use of the Service on mobile devices may prompt you to use services such as sending a SMS invite or message to a friend that will incur charges from your mobile carrier that will cost you additional money, since standard carrier rates may apply for your use of such features like SMS. In such cases, the Service will attempt to remind you prior to any messages being sent out of the possibility of additional charges. Your decision to use such services like SMS or email are not the responsibility of the Service and any such charges you may incur are not the responsibility of, and not reimbursable by, the Service.

Subscriptions and In-App Purchases

Certain features of applications offered by Viral App Brewery require a paid subscription. Subscriptions are processed through the Apple App Store (iOS) or Google Play Store (Android).

• Subscription fees are billed in advance on a recurring basis

• Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period

• Payment will be charged to your App Store or Play Store account

• We may offer free trial periods; if you do not cancel before the trial ends, you will be automatically charged

All purchases made via in-app purchases on mobile devices are final and non-refundable, except where required by applicable law. Refunds are subject to the policies of Apple or Google, as applicable.

Intellectual Property Infringement Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify Viral App Brewery's copyright agent. For your complaint to be valid, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner

• Identification of the copyrighted work that you claim is being infringed

• Identification of the material that is claimed to be infringing and where it is located on the Services

• Information reasonably sufficient to permit Viral App Brewery to contact you, such as your address, telephone number, and e-mail address

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law

• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner

Viral App Brewery's Designated Copyright Agent to receive notifications of claimed infringement can be reached at:

Attention: Copyright Agent

Viral App Brewery Pte. Ltd.

Singapore

Email: fyn@viralappbrewery.com

For clarity, only copyright infringement notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Viral App Brewery customer service through [INSERT SUPPORT EMAIL].

Third Party Services, Links, Advertisements and Offers

The Service may contain links to third-party retailer websites and utilizes third-party services including AI processing, payment systems, and authentication providers. Viral App Brewery is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators.

Viral App Brewery is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Viral App Brewery be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties.

In the event that you have a dispute with any such third party (including third-party retailers), you hereby release Viral App Brewery, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the services.

Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.

Affiliate Relationships

Some product links displayed in the Service may be affiliate links. We may receive compensation when you make purchases through these links. This does not affect the price you pay.

Limitations on Liability

VIRAL APP BREWERY PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, AI-GENERATED RECOMMENDATIONS OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.

VIRAL APP BREWERY AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT:

• The Service will be secure or available at any particular time or location

• Any defects or errors will be corrected

• Any content or software available at or through the Service is free of viruses or other harmful components

• The results of using the Service will meet your expectations or requirements

• AI-generated color analysis, style recommendations, or virtual try-on results will be accurate or suitable for your needs

YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE, INCLUDING ALL SMS MESSAGES AND EMAILS SENT AND ANY CHARGES INCURRED.

VIRAL APP BREWERY SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL VIRAL APP BREWERY, ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES.

NOTWITHSTANDING THE ABOVE, YOU AGREE THAT THE MAXIMUM LIABILITY OF VIRAL APP BREWERY IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SERVICE SHALL BE LIMITED TO SGD $100 IN THE AGGREGATE PER USER.

To the extent permitted by Singapore law, some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental, exemplary, punitive, direct, indirect, special or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Viral App Brewery shall be limited to the greatest extent permitted by law.

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable Singapore law, including the Consumer Protection (Fair Trading) Act.

AI and Algorithmic Limitations

You expressly acknowledge and agree that:

• Color analysis results are AI-generated suggestions and may vary based on photo quality, lighting conditions, skin tone variations, and other factors

• Virtual try-on results are digital simulations and may not accurately represent how clothing will appear in real life

• Style recommendations are algorithmic suggestions, not professional fashion advice

• We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content

• Results may differ between users and sessions

Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Viral App Brewery and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable legal fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party even if using your password. This Indemnification section of the Terms of Service survives termination of your account with the Service or your use of the Service.

Our Intellectual Property

You acknowledge and agree that all content, design elements, and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws of Singapore and international treaties. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission.

Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited.

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark and other applicable laws.

Except as provided below, Viral App Brewery and its affiliates and licensors retain all right, title and interest in and to the Service, excluding your User Content ("Viral App Brewery Intellectual Property"). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Viral App Brewery Intellectual Property, in whole or in part, except as expressly permitted in these Terms of Use or with the prior written consent of Viral App Brewery.

You agree to use the Service only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Service.

Disputes with Users of the Service

Viral App Brewery is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Service although we may undertake such action in its sole discretion. In the event of a dispute with another user of the Service, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.

International Use

Viral App Brewery makes no representation that the Service is appropriate or available for use in all locations, and accessing the Service from jurisdictions where the Service is illegal in any way is prohibited.

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules and regulations regarding your online conduct. The Service is controlled and operated by Viral App Brewery from Singapore. We make no representation that the content available at or through the Service or any other program or service offered on or through the Service is appropriate or available for use in other locations, and access to them from territories where the content may be illegal is prohibited. Those who choose to access the Service from other locations do so at their own initiative and risk.

Relationship of You and Us When You Use Our Service

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use. Neither party has any authority of any kind to bind the other in any respect. We reserve the right to tweak user flows, customize application methods, etc. as we see fit to create the best user experience. We may also discontinue support of an application or feature at any time due to resource restrictions.

Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction in Singapore or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Republic of Singapore, excluding conflict of interest laws. You agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore for any cause of action arising out of or relating to the Service, or these Terms of Use.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC for the time being in force. The seat of arbitration shall be Singapore. The language of the arbitration shall be English. The arbitral tribunal shall consist of one (1) arbitrator.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Viral App Brewery may assign its rights under this Agreement without notice to you.

You agree that any cause of action arising out of or relating to Viral App Brewery's service must commence within one (1) year after the cause of action arose.

Data Protection

For users in Singapore, our collection and processing of personal data is governed by the Personal Data Protection Act 2012 ("PDPA"). For users in the European Economic Area, we comply with the General Data Protection Regulation ("GDPR"). You have rights to access, correct, and request deletion of your personal data. To exercise these rights, please contact our Data Protection Officer.

Contact Information

If you have any questions or concerns with respect to this Terms of Service you may contact a representative of Viral App Brewery at: fyn@viralappbrewery.com or by mail at Viral App Brewery Pte Ltd, 20 Collyer Quay, #11-05, Singapore 0493193.