Terms of Service

1. Agreement to Terms

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

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Variads ("we," "us," or "our"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Variads is a platform that enables users to create, manage, and combine modular creative assets (including videos, images, audio, text, and graphics) into multiple creative variants. Our Service includes:

• Template-based creative timeline management with cells
• Asset upload, storage, and management
• Compatibility mapping between assets
• Automated video rendering and creative variant generation
• Feed generation and XML export capabilities
• Desktop application and web-based interfaces
• Organization and workspace management

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 16 years old to use the Service. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service. By using the Service, you represent and warrant that you meet these age requirements.

3.2 Account Creation

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

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with third parties

3.3 Account Termination by You

You may terminate your account at any time by contacting us or using account deletion features in the Service. Upon termination, your access to the Service will cease, and we will delete or anonymize your data in accordance with our Privacy Policy, subject to legal retention requirements.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

• Upload, create, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon intellectual property rights, including copyrights, trademarks, patents, or trade secrets of others
• Upload content containing malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems connected to the Service
• Use the Service to violate any applicable laws or regulations
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without our express written permission
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to compete with us or to build a similar or competitive service
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest information about other users without their consent
• Use the Service for any commercial purpose not expressly permitted by these Terms

5. User Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to content you upload, create, or provide to the Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your User Content as necessary to provide the Service
• Create derivative works (such as rendered videos) based on your User Content
• Use your User Content for technical purposes, such as transcoding, optimization, and delivery
• Back up and maintain your User Content

This license terminates when you delete your User Content or your account, except that we may retain copies as necessary to comply with legal obligations or for legitimate business purposes (such as backups).

5.2 Content Warranties

You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content
• Your User Content does not infringe upon the rights of any third party
• Your User Content complies with all applicable laws and regulations
• You have obtained all necessary consents and releases for any individuals appearing in your User Content

5.3 Our Intellectual Property

The Service, including its software, design, features, functionality, and content (excluding User Content), is owned by Variads and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

5.4 DMCA and Copyright Infringement

We respect intellectual property rights and will respond to valid notices of alleged copyright infringement. If you believe your copyright has been infringed, please contact us at legal@variads.com with:

• A description of the copyrighted work you claim has been infringed
• Identification of the allegedly infringing material
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

6. Subscription Plans and Payment

6.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Subscription details, pricing, and features are available on our website and may be updated from time to time.

6.2 Payment Terms

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your subscription plan
• Provide accurate billing information
• Authorize us to charge your payment method for recurring subscription fees
• Pay any applicable taxes

Subscription fees are billed in advance on a monthly or annual basis, as selected during registration. All fees are non-refundable except as required by law or as expressly stated in these Terms.

6.3 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will provide at least 30 days' notice of price changes.

6.4 Refunds

Unless required by applicable law, subscription fees are non-refundable. If you cancel your subscription, you will continue to have access to paid features until the end of your current billing period.

6.5 Failed Payments

If payment fails, we may suspend or terminate your access to paid features. You remain responsible for any outstanding fees. We may charge interest on overdue amounts in accordance with applicable law.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide reliable service but do not guarantee that the Service will be available at all times or free from errors, interruptions, or defects. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also impose limits on usage, storage, or other features. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

7.3 Beta Features

We may offer beta or experimental features. These features are provided "as is" and may be modified or discontinued at any time. Beta features may have limited support and may not be suitable for production use.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Service, you consent to the collection and use of your data as described in our Privacy Policy.

You are responsible for maintaining backups of your User Content. While we take measures to protect data, we are not responsible for loss of User Content due to technical failures, user error, or other causes.

9. Third-Party Services and Integrations

The Service may integrate with or link to third-party services, including cloud storage providers, payment processors, and other tools. Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or practices of third-party services.

We may use third-party service providers to operate the Service. These providers are contractually obligated to protect your data, but we are not liable for their actions or failures.

10. Termination

10.1 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent, illegal, or harmful activities
• Fail to pay required fees
• Use the Service in a manner that poses a security risk
• Infringe upon intellectual property rights

10.2 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete or suspend access to your User Content
• You remain responsible for any fees incurred before termination
• Provisions that by their nature should survive termination will remain in effect

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will meet your requirements, that defects will be corrected, or that the Service is free of viruses or other harmful components.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VARIADS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• BUSINESS INTERRUPTION
• LOSS OF GOODWILL
• COSTS OF SUBSTITUTE SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

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

13. Indemnification

You agree to indemnify, defend, and hold harmless Variads, its affiliates, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved as follows:

• Informal Resolution: We encourage you to contact us first to resolve any disputes informally.
• Mediation: If informal resolution fails, disputes may be resolved through mediation in accordance with Swedish mediation rules.
• Arbitration: If mediation fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
• Court Proceedings: Notwithstanding the above, either party may seek injunctive relief in Swedish courts to prevent irreparable harm.

14.3 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts of Stockholm, Sweden.

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without your consent in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services.

15.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on our website. Notices are effective when sent or posted.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending you an email notification (for significant changes)
• Displaying a notice in the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

17. Contact Information

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