Terms of Service & EULA

These Terms of Service ("Terms") govern your access to and use of the Vyal website and the Vyal mobile application (together, "Vyal," the "App," the "Service"), provided by Vyal ("we," "us," "our"). By creating an account, downloading, accessing, or using Vyal, you ("you," "User") agree to these Terms. If you do not agree, do not use Vyal.

1. What Vyal Is

Vyal is a coaching tool that runs on your device. When you activate it, Vyal may listen to a conversation, generate a transcript, and provide suggestions to assist you in real time. You control when Vyal is active and how you use its output. Vyal processes content locally on your device as described in our Privacy Policy.

2. Your Responsibility to Obtain Consent — Recording, Transcription & Privacy Laws

This section is essential. Read it carefully.

Laws about recording and transcribing conversations differ by country, state, and region. Many jurisdictions require that every party to a conversation be informed and consent before it may be recorded or transcribed. Some require only one party's consent. Some impose additional obligations for voice or biometric data.

You — and not Vyal — are solely and exclusively responsible for:

• knowing and complying with all laws that apply to you and to every other person in any conversation you use Vyal with, including all wiretapping, eavesdropping, one-party and all-party (two-party) consent, biometric-privacy, and data-protection laws;
• obtaining, before activating any listening, recording, or transcription feature, all consents required by law from every party to the conversation;
• giving any legally required notice that the conversation is being recorded or transcribed; and
• ensuring that your use of Vyal — and any transcript, suggestion, or data it produces — complies with all applicable laws.

You agree that you will not use Vyal to listen to, record, or transcribe any person without first obtaining every consent the law requires.

You acknowledge that Vyal is a general-purpose tool operating on your own device; that we do not participate in, receive, monitor, or store your conversations; that we have no knowledge of or control over the conversations you choose to use Vyal with; and that we cannot verify whether you have obtained required consent. Responsibility for obtaining consent rests entirely and exclusively with you.

3. Acceptable Use

You agree not to use Vyal to:

• record, transcribe, or intercept any communication without all legally required consent;
• violate any law or the rights of any third party;
• harass, stalk, deceive, defraud, or harm any person;
• capture conversations where any party has a reasonable expectation of privacy without their consent; or
• do anything these Terms do not permit.

We may suspend or terminate your access at any time if we reasonably believe you have violated these Terms.

4. Subscriptions, Free Trial, and Billing

• Vyal offers a free trial. After the trial ends, your subscription automatically renews at the price and interval disclosed at purchase, unless you cancel.
• To avoid being charged, you must cancel at least 24 hours before the end of the current period.
• Payment is charged to your Apple ID account at confirmation of purchase and at each renewal.
• Subscriptions are managed and canceled in iOS Settings > Apple ID > Subscriptions.
• Apple's Standard EULA applies to the App where applicable. You can read it at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

5. Bring Your Own AI Keys

If you choose to use your own API key for a third-party AI provider (such as Anthropic Claude, OpenAI, or Google Gemini), you are responsible for that provider's terms, acceptable use policies, and any usage costs they charge. Vyal does not control the third-party model, its outputs, or its uptime.

6. Intellectual Property

The App, its design, code, and content are owned by Vyal and protected by intellectual property laws. You are granted a personal, non-transferable, non-exclusive license to use the App on Apple-branded devices you own or control, in accordance with the Apple Media Services Terms.

7. Not Legal, Financial, or Professional Advice

Vyal's transcripts, suggestions, and outputs are for informational and coaching purposes only. They are not legal, financial, tax, employment, negotiation, or other professional advice. You are responsible for your own words, decisions, and outcomes. We do not guarantee the accuracy or usefulness of any transcript or suggestion, or any result of any conversation or negotiation.

8. Disclaimer of Warranties

VYAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT VYAL WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY TRANSCRIPT OR SUGGESTION WILL BE ACCURATE.

9. Assumption of Risk

You knowingly and voluntarily assume all risks arising from your use of Vyal, including any risk from recording or transcribing a conversation without required consent. You understand that doing so without proper consent may carry civil or criminal penalties in your jurisdiction, and that any such consequence is your responsibility.

10. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Vyal and its owners, officers, directors, employees, contractors, and affiliates (the "Indemnified Parties") from and against any and all claims, demands, actions, investigations, damages, liabilities, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your use or misuse of Vyal;
• any recording, transcription, or interception of any conversation made using Vyal, including any made without the consent required by law;
• your violation of these Terms; or
• your violation of any law or the rights of any third party.

This obligation survives termination.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF VYAL, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $0.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

12. Termination

You may stop using Vyal at any time. We may suspend or terminate access at any time, with or without cause. Sections 2, 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 27, and 28 survive termination.

13. Changes

We may update these Terms. Material changes will be posted here with a new "Last updated" date. Continued use after changes take effect is acceptance.

14. Governing Law

These Terms are governed by the laws of [STATE / COUNTRY], without regard to conflict-of-laws rules. Disputes will be resolved in the courts of [COUNTY, STATE / COUNTRY], and you consent to their jurisdiction.

15. Binding Arbitration & Class Action Waiver

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

You and Vyal agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Vyal (a "Dispute") will be resolved exclusively through final and binding individual arbitration, and not in a court of general jurisdiction, except that either party may (a) bring an individual action in small-claims court, or (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

Class Action Waiver. YOU AND VYAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@vyal.dev within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

If any portion of this Section 15 is found unenforceable, that portion will be severed and the remainder will remain in effect, except that if the Class Action Waiver is found unenforceable, this entire Section 15 will be void.

16. Apple-Specific Terms (EULA Rider)

You acknowledge that these Terms are between you and Vyal only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.

• Scope of License. Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms.
• Maintenance and Support. Vyal is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• Warranty. Vyal is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product Claims. Vyal, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims under consumer-protection, privacy, or similar legislation.
• Intellectual Property Rights. In the event of a third-party claim that the App or your use of it infringes intellectual property rights, Vyal, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary. You and Vyal acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Age Requirement

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, e.g., 16 in parts of the EEA) to use Vyal. If you are under the age of majority where you live, you must have permission from a parent or legal guardian. Vyal is not directed to children under 13, and we do not knowingly collect data from them.

18. Export Controls & Sanctions

You agree to comply with all applicable export-control and sanctions laws, including those of the United States and your local jurisdiction. You may not use, export, re-export, or transfer the App to any person, entity, or country prohibited by such laws. You represent that you are not located in, and are not a national or resident of, any country subject to a U.S. embargo or on any U.S. Government restricted-party list.

19. DMCA / Intellectual Property Complaints

If you believe that content made available through Vyal infringes your copyright, please send a notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to info@vyal.dev, including: (a) a signature of the rights holder or authorized agent; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing; (d) your contact information; (e) a statement of good-faith belief; and (f) a statement, under penalty of perjury, that the information is accurate.

20. Acknowledgment of Sole Responsibility

BY USING VYAL, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You are the sole operator of the App on your device, and every activation, recording, transcription, and use is initiated by you and under your exclusive control.
• Vyal, its developer, owners, officers, employees, contractors, and affiliates are not parties to your conversations, do not monitor them, do not receive them on any server, and have no ability to know their content, participants, or context.
• You are solely, exclusively, and personally responsible for your use of Vyal and for any consequence — civil, criminal, contractual, employment, reputational, or otherwise — that arises from that use.
• You will not attempt to shift or share that responsibility with Vyal, and you waive any claim inconsistent with this acknowledgment to the maximum extent permitted by law.
• If you are unwilling to bear that responsibility in full, your sole remedy is to stop using Vyal and delete the App.

21. Severability, Entire Agreement, Assignment & Force Majeure

• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vyal regarding the App and supersede all prior agreements and understandings.
• No Waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.
• Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or governmental actions.
• Language. The English version of these Terms controls in the event of any conflict with a translation.

22. Negotiation Coaching, AI Outputs & No Reliance

Vyal is a coaching aid, not a decision-maker, negotiator, agent, fiduciary, or representative of you or anyone else. Nothing in the App creates any advisory, fiduciary, agency, employment, or professional relationship between you and Vyal.

• Transcripts and AI-generated suggestions may be inaccurate, incomplete, out of date, biased, or fabricated ("hallucinated"). You must independently verify anything before relying on it.
• Vyal does not guarantee any negotiation outcome, deal, salary, price, settlement, hire, promotion, or other result. Past examples or marketing copy are not promises.
• Suggestions are not legal, financial, tax, investment, accounting, medical, psychological, HR, employment, immigration, real-estate, or other professional advice. Consult a qualified professional for any material decision.
• You are solely responsible for every word you say, every decision you make, every agreement you enter, and every consequence that follows — whether or not you followed a Vyal suggestion.
• You agree not to represent to any third party that Vyal, its developer, or any AI provider endorses, approves, or is responsible for your negotiation position, statements, or outcome.

23. Prohibited & High-Risk Uses

In addition to Section 3, you agree not to use Vyal, and not to rely on its output, for any of the following without independent qualified human review and full legal compliance:

• employment decisions (hiring, firing, promotion, discipline, compensation), tenant screening, credit or lending decisions, insurance underwriting, or any other decision that produces legal or similarly significant effects on a person;
• medical, psychiatric, psychological, or crisis-intervention purposes;
• communications you know or should know are legally privileged or protected (attorney–client, doctor–patient, clergy–penitent, therapist–patient, union representation, or similar), unless every holder of the privilege has given informed consent;
• covert surveillance of employees, family members, minors, patients, students, or any person in a place or context where they have a reasonable expectation of privacy;
• impersonating any person, spoofing identity, or misrepresenting Vyal's output as your own unaided work where honesty is legally required (e.g., sworn testimony, regulated professional communications, academic submissions);
• any use that violates applicable AI, biometric, wiretap, data-protection, consumer-protection, or anti-discrimination law.

You represent and warrant that your use of Vyal complies with all policies of your employer, school, client, or any organization whose systems, time, or communications you use with the App, and that you have all authority required to use Vyal in that context.

24. Your Content, Feedback & Warranties

• Your Content. Transcripts, notes, playbooks, and other content you create using Vyal are yours. Because they are stored on your device, we do not receive or claim rights to them.
• Your Warranties. You represent and warrant that (a) you have all rights, consents, and authorizations necessary for every conversation you use Vyal with and for every piece of content you input; (b) your use of Vyal does not violate any contract, confidentiality obligation, NDA, or law; and (c) you will not input personal data about others in violation of applicable law.
• Feedback. If you send us suggestions, ideas, or feedback, you grant Vyal a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any purpose without obligation or attribution to you.

25. Third Parties to Your Conversations

Any other person in a conversation with you is not a party to these Terms, has no account with Vyal, and has no relationship with us arising from your use of the App. You are the sole point of accountability to them. If any third party asserts a claim against Vyal arising out of a conversation you used Vyal with — including any claim of non-consensual recording, transcription, privacy violation, defamation, or misuse of their words or likeness — that claim is fully covered by your indemnification obligation in Section 10, and you agree to pay all resulting losses, judgments, settlements, and legal fees.

26. Changes to the App, Availability & Beta Features

• We may add, change, suspend, limit, or discontinue any part of Vyal (including features, AI models, integrations, or the App itself) at any time, with or without notice, and without liability to you.
• Third-party AI providers (Apple Intelligence, Anthropic, OpenAI, Google, and others) may change, degrade, or discontinue their models or APIs at any time. Vyal is not responsible for their availability, output, or terms.
• Features labeled "beta," "preview," "experimental," or similar are provided AS IS, may be unstable or discontinued, and are excluded from any service-level expectation.
• We may deliver notices to you by in-app message, by email to any address associated with your account or Apple ID, or by posting on this website. Notices are effective when sent or posted.

27. Time Limit on Claims & Attorneys' Fees

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to these Terms or your use of Vyal must be filed within ONE (1) YEAR after the claim arose; otherwise, that claim is permanently barred.

If you bring a claim against Vyal that is dismissed, withdrawn, or found by the arbitrator or court to be frivolous, brought in bad faith, or filed for an improper purpose, you agree to reimburse Vyal for its reasonable attorneys' fees and costs, to the maximum extent permitted by law.

Nothing in these Terms limits any right you have that cannot be waived under mandatory applicable law (including certain consumer-protection rights).

28. IMPORTANT LEGAL NOTICE — READ BEFORE USING VYAL

Vyal is a tool that records, transcribes, and/or assists with conversations entirely at the direction and under the control of the person using it.

Recording and transcription laws vary by country, state, and region, and many require the consent of every person in a conversation before it may be recorded or transcribed. Obtaining that consent is your sole responsibility. Vyal and its developer do not obtain consent for you, do not monitor your conversations, and are not a party to them.

By using Vyal, you accept sole and complete responsibility for your use of it and for compliance with all applicable laws, and you agree to the Terms of Service and Privacy Policy. If you are unwilling to accept that responsibility, do not use Vyal.

29. Contact

Questions about these Terms? Email info@vyal.dev.