Welcome to Varyant. These Terms of Service ("Terms") govern your access to and use of the Varyant website, applications, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account or using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Varyant provides an AI-powered platform for transforming product images with various themes and backgrounds. The Service includes web applications, APIs, and related tools. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. User Accounts

To access certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your account credentials
Promptly notify us of any unauthorized access to your account
Accept responsibility for all activities that occur under your account

4. User Content

4.1 Your Content. You retain all ownership rights to the images and content you upload to the Service ("User Content"). By uploading User Content, you grant Varyant a limited, non-exclusive, royalty-free license to use, process, and store your content solely for the purpose of providing the Service.

4.2 Content Restrictions. You agree not to upload, transmit, or share User Content that:

Infringes any third-party intellectual property rights
Contains illegal, harmful, threatening, abusive, or defamatory material
Contains malware, viruses, or other harmful code
Violates any applicable law or regulation
Contains pornographic or sexually explicit material
Promotes violence, discrimination, or illegal activities

4.3 Content Removal. We reserve the right to remove any User Content that violates these Terms or that we deem objectionable, without prior notice.

5. AI-Generated Content

5.1 Output Ownership. Subject to your compliance with these Terms, you own the AI-generated images created from your User Content through the Service.

5.2 AI Limitations. You acknowledge that AI-generated content may not always be accurate, appropriate, or suitable for your intended purpose. You are solely responsible for reviewing and approving any AI-generated content before use.

5.3 No Guarantees. We do not guarantee that AI-generated content will be free from errors, defects, or inaccuracies. The Service is provided "as is" without warranties of any kind.

6. Payment Terms

6.1 Fees. Certain features of the Service require payment. You agree to pay all applicable fees as described on our pricing page. All fees are non-refundable except as expressly stated in these Terms or required by law.

6.2 Billing. We use third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees incurred.

6.3 Price Changes. We reserve the right to change our prices at any time. Price changes will be communicated in advance and will apply to subsequent billing periods.

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Varyant and is protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

8. Prohibited Uses

You agree not to:

Use the Service for any illegal purpose
Attempt to gain unauthorized access to the Service or its systems
Interfere with or disrupt the Service or servers
Use automated systems or software to extract data from the Service
Reverse engineer, decompile, or disassemble any aspect of the Service
Resell, sublicense, or transfer your rights to the Service
Use the Service to generate content that infringes third-party rights
Circumvent any access controls or usage limits

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results obtained from the Service will be accurate or reliable.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VARYANT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content
Any AI-generated content or its use

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless Varyant and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your User Content
Your use of the Service
Your violation of any third-party rights
Any claim that your User Content caused damage to a third party

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and held in Delaware, United States, or remotely at our discretion.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Varyant regarding the Service and supersede all prior agreements and understandings.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@varyant.ai
Website: https://www.varyant.ai