Technically it’s neither. Viruses spread and spyware sends your data to an attacker. This app does neither. The third party feature however does make it easier for spyware to identify sensitive content on your phone, but then you have a problem anyway because you gave a spyware app access to all your media.

If you are rich and powerful, everything you do becomes legal. Because rich and powerful people are all trustworthy and would never do something for only their own interests.