Terms of Service
Effective Date: 26 January 2023
These Terms of Services (the “Agreement”) governs all aspects of the use of the services provided by Variable AS (”Variable”). In accepting this agreement by (a) signing up for a free account, or (b) purchasing our services.
The individual does so on behalf of a company or other legal entity (”Customer”); and that individual represents and warrants that they have the authority to bind the entity to this agreement. If the individual does not have such authority, or the entity does not agree with these terms, the individual must not accept this agreement and may not use Variable services.
Please read these terms carefully. If you do not agree to be bound by these terms, you must not use the service. Your continued use of the service implies acceptance of these terms.
The parties agree to the following:
1. The Service
1.1. Service Description. Variable is the owner and provider of a cloud-based software for companies (the “Service”). Anything Customer posts, uploads, shares, stores, or otherwise provide through the use of the Service is considered “Customer Data.” Customer is solely responsible for all Customer Data it contributes to the Service. The Services may also include templates, help pages, and other documents that can assist Customer using the Service (”Variable Data”). Customers will not receive or have access to the code or software that underlies the Service (collectively “Software”).
1.2. Users. Use of the Service is permitted only by individuals authorized by Customer (”Users”) and for Customer’s own internal business purposes and not for any third party. Bots are expressly disallowed from using Service and will be banned if detected.
1.3. Variable Ownership. Variable owns the Software, Service, Variable Data, and anything else provide by Variable to Customer (collectively the “Variable Materials”). Variable retains all right, title and interest in and to Variable Materials and all related technology. There are no implied licenses under this Agreement and any rights not expressly granted to Customer in this Agreement are expressly reserved by Variable.
1.4. Premium Data. Customers that subscribe to one our Subscriptions have access to Premium Data. Premium Data can only be used within the context of the Service and may not be copied, downloaded or otherwise transferred out of the Service without the express written consent of the owner the Premium Data. If we have a reasonable suspicion that Premium Data is being scraped or otherwise removed from the Service, we will block the account.
1.5. Permissions. The Service allows Customer to create and share Customer Data with other Users of the Service (”Permission”). It is solely Customer’s responsibility to set and manage Permissions to access Customer Data. Accordingly, Variable will have no responsibility for managing Permissions and no liability for the Permissions set by Customer and its Users.
2.1. Customer’s Responsibilities. Customer is responsible for all activity on Users’ accounts unless such activity is caused by a third party bad actor able to access Customer’s account by exploiting vulnerabilities to the Service itself. Customer will ensure that its Users are aware of, and bound by, obligations and restrictions stated in this Agreement and Customer will be responsible for any breach of such obligation and/or restriction by Users.
2.2. Use Restrictions. Customer agrees that it will not, and will not allow its Users or any third party to, directly or indirectly (a) modify, translate, copy or create derivative works based on the Service, (b) reverse engineer or otherwise attempt to discover the source code, non-public APIs or underlying ideas and algorithms of the Service, except when this restriction is prohibited by law, (c) license, sub-license, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party, other than Authorized Customers, (d) remove or obscure any copyright, trademark or other proprietary notices, legends or branding contained in the Service, (e) use the service that in any way violates local or international laws and regulations, (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, including, without limitation, by introducing viruses and other harmful code or by using denial-of-service attacks or similar methods or technology, (g) use or access the Service to build or assist a third party in building products or services competitive to the Service or (h) attempt to probe, scan, or test the vulnerability of the Service or any Variable system. If Customer (including Users) is using the Service in a manner that, in Variable’s reasonable judgment, causes or is likely to cause significant harm to Variable or the Service or otherwise threatens the security, integrity or availability of the Service then Variable may suspend Customer’s access to the Service.
3.1. Customer Data. Customers own their Customer Data, including all intellectual property rights therein. No ownership rights are transferred to Variable in this agreement.
3.2. User Information. Customer and its Users provide required information such as email address and password, and other personally identifiable information including, but not limited to, IP Address or phone number, upon logging into the service. Customer grants Variable the right to store, process and retrieve User Information in connection with the use of the Service. Customer represents and warrants that it has obtained all necessary rights to transfer User Information to Variable and to process the User Information as needed by this Agreement. Customer is responsible for all User Information, and is responsible for all resulting liability if usernames, passwords, tokens, or keys in Customer’s possession are used by any party not authorized to do so.
3.3. User Submissions. Customer grants Variable non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, process, and display User Submissions for the sole purpose of providing the Service to Customer. Except for the limited rights and licenses granted in this Agreement, Customer will own all right, title and interest in and to the User Submissions and there are no implied licenses under this Agreement.
3.4. Service Data. As Customer (including its Users) interacts with the Service the Service collects data pertaining to the performance of the Service and measures of the operation of the Service (”Service Data”). Notwithstanding anything else to the contrary herein, provided that the Service Data is aggregated and anonymized, and no User Information, User Submissions, or any other personal identifying information of Customer is revealed to any third party, the parties agree that Variable is free to use the Service Data in any manner. Variable owns all right, title, and interest in and to such Service Data. For clarity, this section does not give Variable the right to identify Customer (including its Users) as the source of any Service Data.
4. Warranties and Disclaimers
4.1. Warranties. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND VARIABLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT VARIABLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
4.2. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, VARIABLE WILL NOT BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) ANY DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR (C) ANY DAMAGES THAT IN THE AGGREGATE EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE THAT IS OR THE PROFESSIONAL SERVICES THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.