Terms of Service

1. Acceptance of Terms

By accessing and using Variateq ("the Service"), you accept and agree to be bound by the terms and provision of this agreement.

2. Use License

Subject to your compliance with these Terms, Variateq grants you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes.

You retain all rights to the content you upload. By using our Service, you grant us a license to process, analyze, and generate variations of your content.

3. Subscription and Payment

• All plans require a valid payment method
• Subscriptions renew automatically unless canceled
• Quota resets monthly on your billing date
• Refunds are available within 14 days of purchase (see Refund Policy for details)
• No refunds for partial months after the 14-day refund window
• Chargebacks or payment disputes may result in immediate account termination

4. Acceptable Use

You agree not to:

• Upload content you don't have rights to
• Use the Service for illegal purposes
• Attempt to reverse engineer or exploit the Service
• Share your account with others

5. Content Rights and AI Training

You retain ownership of all content you upload. Generated variations are provided for your use under your subscription.

AI Model Training: By using the Service, you grant us permission to use anonymized, aggregated data from your usage to train and improve our AI models. This includes:

• Template structures and cutting patterns (how videos are edited, timing, beat sync data)
• Music transition points and confidence scores (timestamps and AI predictions, not actual audio)
• Vibe profiles and preferences (genre selections, energy levels, editing style choices)
• Processing metadata (duration, file sizes, processing times, success rates)
• Motion detection predictions (camera movement classifications, not actual video frames)

What We Do NOT Use: We NEVER use your actual video files, audio files, or any identifiable content for AI training. We only use anonymized metadata and patterns derived from your usage.

All data used for training is anonymized (user and account identifiers are removed or hashed) and aggregated. This training helps us improve the Service for all users. For more details, see our Privacy Policy.

6. Service Availability

We strive to maintain service availability but cannot guarantee uninterrupted service. The Service is provided "as is" and may experience downtime, maintenance, or technical issues. Maintenance windows will be announced in advance when possible, but emergency maintenance may occur without notice.

7. Termination

You may cancel your subscription at any time. We reserve the right to suspend or terminate accounts immediately, without refund, for:

• Violation of these Terms of Service
• Abuse of the Service or system resources
• Fraudulent activity or chargebacks
• Uploading illegal or copyrighted content without authorization
• Attempting to reverse engineer or exploit the Service
• Sharing account access with unauthorized users

Terminated accounts forfeit all access and data. No refunds will be provided for terminated accounts.

7.5. Refund Policy & Abuse Protection

While we offer a 14-day money-back guarantee (see our Refund Policy), we reserve the right to review refund requests and deny refunds for:

• Excessive Usage: Accounts that have consumed 80% or more of their monthly quota within the 14-day refund window
• Terms of Service Violations: Accounts that violate our Terms of Service
• Abuse or Fraud: Accounts showing signs of abuse, fraud, or automated misuse of the service
• Terminated Accounts: Accounts that have been terminated for violations

We will review all refund requests and may request additional information to verify legitimate use. Refunds are processed at our discretion, and we reserve the right to deny refunds that appear to be abuse of our refund policy.

Examples: If you have a plan with 200 videos per month and you process 160+ videos (80% of quota) within 14 days, your refund request may be denied. Similarly, plans with 500 videos/month (400+ videos = abuse) or 2000 videos/month (1600+ videos = abuse) follow the same 80% threshold.

8. "As Is" Disclaimer and Limitation of Liability

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of results
• Uninterrupted or error-free operation
• Security or freedom from viruses or harmful components

AI-Generated Content: All generated videos, templates, and AI outputs are provided "as is" without any guarantee of quality, accuracy, or suitability for your intended use. We are not responsible for the content, quality, or results of AI-generated materials.

Limitation of Liability: To the maximum extent permitted by law, Variateq and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

Our total liability for any claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or cloud service failures, or government actions.

10. Changes to Terms

We may update these terms from time to time. Continued use of the Service after changes constitutes acceptance of the new terms. Material changes will be communicated via email or prominent notice on the Service.

11. Governing Law and Dispute Resolution

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

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in New Zealand, in accordance with the Arbitration Act 1996 (New Zealand), or through the courts of New Zealand if arbitration is not available.

You agree to submit to the exclusive jurisdiction of the courts of New Zealand for any legal proceedings.

12. Taxes

Paddle as Merchant of Record: Variateq uses Paddle as our payment processor and merchant of record. Paddle handles all aspects of tax compliance on our behalf, including:

• Calculating applicable taxes (VAT, sales tax, GST, etc.) based on customer location
• Collecting taxes at checkout
• Remitting taxes to the appropriate tax authorities worldwide
• Issuing tax-compliant invoices to customers

What This Means for You:

• All prices displayed are exclusive of applicable taxes unless otherwise stated
• Taxes are calculated and added at checkout based on your billing address
• Paddle automatically handles tax compliance for all jurisdictions
• Tax invoices are provided by Paddle and available in your account

Your Tax Obligations: While Paddle handles sales tax/VAT collection and remittance, you are responsible for reporting the income you receive from Paddle according to your local tax regulations. We recommend consulting with a tax professional for guidance on your specific tax obligations.

For questions about tax invoices or tax-related matters, contact Paddle support or email us at support@variateq.ai.

13. Company Information

Trading Name: Variateq

Parent Company: ALX Labs Limited

Company Registration Number: 9391306

NZBN: 9429053316479

Registered Business Address:
Hamilton, New Zealand

For business inquiries, contact us at support@variateq.ai.

14. Contact

For questions about these Terms, contact us at support@variateq.ai