Variant
tErms & Conditions
Variant Labs, Inc.
TERMS OF SERVICE
Last Updated: January 16, 2026
Your access to and use of Variant’s mobile application(s), websites, and related services (collectively, the “Services”) is subject to these Terms of Service (these “Terms of Service”). The terms "you," "your," and "yours") refer to you, the user of the Services. The terms "Variant," "we," "us," and "our" refer to Variant Labs, Inc.
PLEASE READ THESE TERMS CAREFULLY. By creating an account, downloading, installing, accessing, or using the Services, you agree to be bound by these Terms of Service which incorporates our Community Standards found here: https://www.tryvariant.com/community-standards (hereinafter, “Community Standards”) and Variant’s Privacy Policy found here: https://www.tryvariant.com/privacy-policy (the “Privacy Policy”). These Terms of Service also contain an arbitration agreement and class action waiver that affect your legal rights. THIS MEANS THAT YOU GIVE UP THE RIGHT TO BRING AN ACTION IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION. For clarity, each of the foregoing are hereby incorporated into these Terms of Service by reference.
BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THESE TERMS OF SERVICE. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THESE TERMS OF SERVICE AND AGREES TO BE RESPONSIBLE FOR ALL OF THE MINOR’S ACTIVITIES ON THE SERVICES, INCLUDING THE PURCHASE OF ANY VIRTUAL CONTENT. You must be at least 13 years old to use the Services. The Services are not directed to children under 13, and Variant does not knowingly collect personal information from children under 13. If we learn that a child under 13 has provided personal information or created an account, we will take steps to delete the information and terminate the account.
We may periodically make changes to these Terms of Service. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. You agree that your continued use of the Services after such changes have been published shall constitute your acceptance of such revised Terms of Service.
These Terms of Service govern, among other things, User Generated Content or “UGC.” UGC is content of any kind or nature, whether material, assets, or otherwise, that users create, upload, submit, publish, display, generate, transmit, or otherwise make available on the Services. ALL USERS ARE SUBJECT TO THESE TERMS OF SERVICE.
User Accounts; Access to Services
To access certain elements and functionality of the Services, you will need to create an account (“Account”). You agree that all information provided to us will be true, accurate, and up to date. We reserve the right to take steps to ensure that any information you provide to us in connection with your Account is accurate.
You are responsible for all activity under your Account, including content you create, upload, publish, or share. You must keep your login credentials secure and promptly notify us of any unauthorized use.
We may suspend or terminate your Account or access to the Services at any time as described in these Terms of Service, including for violations of the Community Standards. We do not provide you with the equipment to access the Services. You are responsible for all fees charged by third parties to access the Services (e.g., charges by internet service providers, etc.). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Certain areas of the Services may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify Variant if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. Any information presented to you in Password-Protected Areas is the confidential information of Variant, and you agree that you will not disclose such information to any third party, or use such information for any purpose other than receiving service from Variant under a separate agreement. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.
Intellectual Property and UGC
The Services contain interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) UGC on the Services. Any UGC Published on the Services must comply with these Terms of Service, including the Community Standards, and must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Variant does not control the content posted by third parties via the Services and, as such, does not guarantee the accuracy, integrity or quality of such content. For clarity, any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Services are those of the respective authors or producers and not of Variant, or its shareholders, directors, officers, or employees.
You further agree that (i) any UGC that you Publish will be considered non-confidential and non-proprietary, and (ii) you grant Variant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, communicate to the public, and publicly perform or display including on a through-to-the-audience basis, such UGC and any related interaction data on the Services, throughout the world in any media for any business purpose in connection with operating, providing, publicizing, or improving the Services, including without limitation in connection with the training of machine learning and related models. You represent and warrant that, at the time of Publishing UGC, (i) you own or otherwise control all the rights in/to the UGC; (ii) the UGC is accurate and not fraudulent or deceptive; and (iii) the UGC does not violate these Terms of Service, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity. You understand that Variant cannot guarantee that in certain situations, UGC that you Publish or make available on or through the Services will not be copied or used by other users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability. Variant takes no responsibility and assumes no liability for any UGC Published by you or any third party. Variant has the right but not the obligation to monitor, modify, disable access to, or remove any UGC on its Services, and it may exercise these rights at any time, without notice or liability to you or any third party.
You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Variant, its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You may also acquire content offered by Variant and/or other users, including any digital content created by using the Variant Tools (defined below) (collectively “Digital Content”) solely on the Services. The acquisition of Digital Content on the Services is solely for your personal entertainment, and, except as otherwise stated in any additional terms, as applicable, it does not create any legally enforceable contract between (i) you and Variant or (ii) you and any other user. Digital Content has no real world equivalent value, and you do not acquire any enforceable property rights in and to any Digital Content based on any transaction on the Services.
All right, title, and interest in and to the interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any improvements, enhancements, or derivatives thereof, (collectively, “Variant IP”) are owned by Variant. Variant may provide users with software tools which may include certain templates made available by Variant to serve as a starting point so applicable users can use to more easily create UGC (collectively, “Variant Tools”) that allows them to create, develop, modify, operate, and Publish Digital Content. Variant owns and/or controls all rights in/to Variant Tools and all elements contained therein. For the avoidance of doubt, Variant Tools are also Variant IP and using Variant Tools does not give any users any ownership rights in or to any Variant Tools. Except for any Variant IP and subject to these Terms of Service, as between you and Variant, you retain all copyrights that you may hold in any UGC that you have created or will create (whether alone or with others) and Publishes or makes available on the Services (excluding any non-UGC Variant IP that may be contained therein). To the extent applicable, you grant Variant a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, including without limitation other users) to host, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, and use for any business purpose related to the Services (including in connection with operating, providing, publicizing, or improving the Services or Variant, including without limitation, in connection with the training, development, and use of machine learning and related models) any UGC and any interaction data on the Services, relating to creating and modifying such UGC, in whole or in part (including any incorporated or associated trademarks and underlying source code and scripts), that you Publish or make available on or through the Services. Variant’s right to market and advertise the Services or Variant using your UGC (“Ancillary Use”) may include using such UGC in marketing and advertising on social media and other content sharing channels (as reasonably determined by Variant). Variant’s Ancillary Use in other marketing channels will not include using such UGC in marketing and advertising that is focused solely on promoting your UGC (as reasonably determined by Variant) as part of the Services without your approval, but Variant can generally reference, as determined by Variant in its sole discretion, your UGC with other UGC or material (and without your approval) to promote, market or advertise the Services or Variant. Variant may also use your UGC for non-commercial and educational uses to promote the Services (and Variant will reasonably determine whether a use is non-commercial or educational). Variant is not required to give you any attribution or compensation for any reason nor is Variant required to use the license you grant in this Section or exploit any of the rights granted herein.
All Variant IP is the property of Variant and Variant’s licensors. Variant IP includes all UGC licensed to Variant by other users under the Terms of Service. Except as otherwise may be allowed under any applicable additional terms, you may not use any Variant IP contained in the Services unless you obtain separate permission in each instance from the owner. Variant reserves all rights in/to the Variant IP not granted herein or elsewhere.
License to the Services
Subject to your compliance with these Terms of Service and any other additional terms as applicable, Variant grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal, entertainment use, including and solely in connection with the Services.
To the extent applicable, Variant grants you a non-exclusive, limited, revocable, non-sublicensable, and non-transferable license to use Variant Tools solely for the purpose of creating, developing, modifying, uploading, and Publishing UGC on the Services.
Unless otherwise separately agreed to by the parties, you shall in no event use any Digital Content (including any portions thereof) in connection with any off-Services physical or digital merchandise, motion picture, television program, theatrical play, book, or other publication for commercial purposes, in each case whether for giveaway or compensated access (including license or sale). You hereby represent and warrant not to make any such use thereof. For clarity, Variant may, in its sole discretion, suspend availability of or delete any Published Digital Content or other content on the Services at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates any laws or intellectual property rights or principles or any guidelines or policies associated with the Services or if Variant determines in its sole discretion that such UGC does or may cause harm to users, the Services, or to Variant’s reputation. Variant is and shall be under no obligation of any kind to you for suspending any UGC in accordance with this Section.
You agree that you will not (a) lease, lend, sell, redistribute, or sublicense any part of the Services; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology; (c) circumvent any technological measure designed to protect the Services or any technology associated with the Services; (d) access the Services using any means for the purpose of using Digital Content in connection with the training, development, or use of machine learning models or artificial intelligence; (e) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification); (f) use the Services to create malicious or abusive content (as determined by Variant in its sole discretion) or any content that violates these Terms of Service, our guidelines, or any of our policies; or (g) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
Third Party Services
Some parts of the Services may include or make available content, tools, or other materials from third parties (“Third-Party Services”). Variant neither controls nor takes responsibility for any Third-Party Services, including, without limitation, how a third party may collect, use, or store user information. You understand that your use of the Services and, by extension, Third-Party Services, may subject you to fees, terms, and/or policies, such as a privacy policy, that are not controlled by Variant. By your use of the Services and integrated Third-Party Services, you agree to pay any fees and to follow any terms, conditions, and policies presented by those Third-Party Services. Further, you understand that by using the Services, you may come across Third-Party Services that (i) may be considered offensive, or objectionable; (ii) may or may not be identified as having explicit language; (iii) may contain links or references to objectionable material; (iv) may contain infringing content; (v) may not function properly or as intended; may contain viruses, malware, or other harmful code; and/or (vi) may not be available in all countries or languages. You agree to use the Services at your own risk. You acknowledge and agree that Variant is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third-Party Services. Variant does not warrant or endorse any Third-Party Services. You further agree that Variant will not have any responsibility or liability to you in connection with such Third-Party Services, including any losses you may sustain as a result of using such Third-Party Services.
If a user is using our mobile application on an iOS device, you also acknowledge and agree to the terms of this Section. The Terms of Service are between you and Variant only, not with Apple, and Apple is not responsible for the Services and the content of the Services. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Services fail to meet the applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or your use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and when you accept these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary. You hereby represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Generative AI Disclaimer
You acknowledge that the Services may utilize artificial intelligence functionality including leveraging large language models ("Generative AI"). You may use Generative AI to generate code, outputs, or other functions based on the input provided by you. You acknowledge that Generative AI and machine learning are rapidly evolving fields of study. Given the probabilistic nature of Generative AI, use of these services may result in incorrect or inaccurate output. You are ultimately responsible for evaluating the accuracy of any output generated by Generative AI as appropriate for your specific use case and purposes, and any reliance on the Services or Generative AI is at your own risk. You hereby agree that you are responsible for evaluating, and bearing all risks associated with, the use of any output, including any reliance on the accuracy, completeness, or usefulness of output. ANY SUGGESTIONS OR OUTPUTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.
Variant’s Generative AI may include the use of third-party services. To the extent applicable, you understand that Variant neither controls nor takes responsibility for any third-party services, including without limitation, how a third party may collect, use, or store your information. You understand that your use of the Services may subject you to fees, terms, and/or policies, such as a privacy policy, that are not controlled by Variant. By your use of Generative AI, you agree to pay any fees and to follow any terms, conditions, and policies presented by any such third-party services.
Variant may use any prompts and other information relating to your interaction data within the Services, and you grant Variant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use such data for any business purpose in connection with operating, providing, or improving the Services, including without limitation in connection with the training of models.
Notwithstanding anything to the contrary, you hereby agree to defend, hold harmless and indemnify Variant and from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to, use of, or alleged use of Generative AI.
Payments
To the extent applicable, only users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services. When making a purchase, you (or your guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable additional terms and that any information you provide in connection with any financial transaction on the Services, including without limitation the provision of a selected payment method, shall be subject to the privacy policy of the applicable payment service provider for that financial transaction.
If you notice charges on your credit/debit card or other payment account relating to the Services that you did not authorize, please contact our support immediately. Variant reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to make purchases. When you make a purchase, the price payable is the price indicated at the time of purchase, plus all applicable sales and/or use taxes, value added tax or goods and services tax that we may assess on your purchase.
Online Safety
The safety of our users is of paramount importance to us. If you see any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact our support to immediately report the user and situation.
To keep our users safe, Variant has created a set of Community Standards to outline how users should behave on the Services and what conduct is and isn’t allowed on the Services. These Community Standards, which are incorporated into these Terms of Service, may be found here: https://www.tryvariant.com/community-standards. Any violation of the Community Standards is considered a violation of our Terms of Service and may result in Account suspension or termination.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VARIANT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES AND CONTENT, AND YOU RELY ON THE SERVICES AND CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VARIANT OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. VARIANT SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED ON THE SERVICES. YOU RELY ON ANY SUCH INFORMATION AT YOUR OWN RISK.
Limitation of Liability
VARIANT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VARIANT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES AND VIRTUAL CONTENT. UNDER NO CIRCUMSTANCES WILL VARIANT’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR VIRTUAL CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Copyright and Trademark Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [IP@tryvariant.com] and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) or other specific location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Variant agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Services infringes upon your registered trademark(s), please contact us at [IP@tryvariant.com]. When you contact us, please provide the following information in your notice: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the trademark; (ii) a description of the trademark right that you claim has been infringed, including the country in which the trademark is registered and the registration number, if applicable; (iii) a description of the content that you claim is infringing and where it is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.
Note that Variant is not in a position to mediate disputes between users and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid notice, we will investigate and may remove content that engages in trademark infringement. Note that for the purpose of a trademark infringement report you must be the owner of a registered trademark or their agent, pending trademark applications are not sufficient.
Our intellectual property policy is to: (i) remove or disable access to content that we know to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and, (ii) in appropriate circumstances, to suspend or terminate the Accounts of and block access to the Services by any user who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third-parties.
Any feedback, comments, or suggestions (collectively “Feedback”) you may provide regarding or relating to the Services is entirely voluntary, you hereby grant us a perpetual, irrevocable, royalty free, fully paid, worldwide license to such Feedback and we will be free to use such Feedback as we see fit and without any obligation to you.
Indemnity
You will indemnify and hold Variant, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Services or Digital Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Services or Digital Content.
Dispute Resolution (Arbitration Agreement); Class Action Waiver
If any issue arises, you agree to first contact us at [disputes@tryvariant.com] and provide a description of the dispute and your requested relief. The parties will attempt to resolve disputes informally for at least 30 days.
If that fails, you and Variant agree to resolve disputes through binding individual arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY FOR ANY DISPUTES SUBJECT TO THIS SECTION. Arbitration will be administered by AAA under its Consumer Arbitration Rules (or another administrator if AAA is unavailable). The arbitration will occur in King County, Washington unless you and Variant agree otherwise. YOU AND VARIANT AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You may opt out of arbitration within 30 days of first accepting these Terms of Service by sending a signed notice to: 2235 3rd Street, San Francisco, CA 94107, United States including your name, username, and the email/phone associated with your account. Any claim must be brought within one (1) year after the claim arises, unless a longer period is required by law.
Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210 in order to resolve complaints regarding the Services or to get more information regarding your use of the Services.
If you are a California resident under the age of 18, you may request that Variant remove certain personal content that you have publicly posted to the Services, and Variant will comply with such request to the extent allowed and/or required by law. Such content may include personal information but does not include (a) anonymized information or (b) UGC that you have uploaded to the Services. To make such a request, please contact Variant. The request must include your username and a specific description of the content that you want removed so that Variant can find it. Variant will not accept requests via postal mail, phone, or fax and may not be able to respond if you provide incomplete information. A request does not guarantee that the information you posted will be completely removed, and there may be circumstances in which the law does not require or allow removal, even if you make such a request.
Updates to this Services and Terms of Service
We may occasionally update the Services and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check these Terms of Service frequently to see recent changes. Your continued use of the Services after such changes will be subject to the then-current Terms of Service. This version of these Terms of Service shall supersede all earlier versions.
Miscellaneous
Enforcement of these Terms of Service will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Services will lie in the State and Federal courts located in Seattle, King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Variant to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Variant in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Notwithstanding the foregoing, this court jurisdiction and venue provision applies only to claims that are not subject to the arbitration agreement above and to actions to compel arbitration, stay litigation pending arbitration, or confirm, modify, or vacate an arbitration award.
Contacting Variant
If you have any questions or concerns about these Terms of Service, please send us a thorough description by email to [info@tryvariant.com], or write to us at:
Variant Labs, Inc.
2235 3rd Street, San Francisco, CA 94107, United States