Welcome to Varyx AI App ("Varyx," "we," "us," or "our"), operated by Vyntax, located at B/163,Sector-22,Rourkela-769007,Odisha. These Terms of Service ("Terms") govern your access to and use of the Varyx AI App mobile application and website (collectively, the "App"), including any content, functionality, and services offered on or through the App.
By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the App.
1. Acceptance of Terms
By creating an account, accessing, or using the Varyx AI App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the App on behalf of an entity, you represent that you are authorized to accept these Terms on that entity's behalf.
2. Eligibility and User Accounts
2.1. Eligibility: You must be at least 13 years old to use the App. If you are under 18, you represent that you have obtained parental or guardian consent to use the App and agree to these Terms.
2.2. Account Creation: To access certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
3. Your Content and Conduct
3.1. User-Generated Content (UGC): The App allows you to create, upload, post, share, and store content, including AI-generated images, graphics, text prompts, and comments ("Your Content"). You are solely responsible for Your Content.
3.2. Ownership of Your Content: You retain all ownership rights in Your Content. By creating, uploading, posting, or sharing Your Content on Varyx, you grant Varyx a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the App's operation and promotion, including for displaying Your Content on the App and marketing Varyx. This license terminates when you delete Your Content from the App, except where Your Content has been shared with others who have not deleted it, or where it is required to be retained for legal purposes.
3.3. AI-Generated Content:
* Ownership: Content generated by AI models through the App based on your prompts is generally owned by you, subject to the terms of the specific AI model providers (if any) and applicable laws.
* Disclaimer: You acknowledge that AI models may produce inaccurate, biased, or unexpected results. Varyx does not guarantee the accuracy, quality, or non-infringing nature of AI-generated content. You are solely responsible for reviewing and using AI-generated content in compliance with all applicable laws and third-party rights.
3.4. Prohibited Content and Conduct: You agree not to create, upload, post, share, or store any Content, or engage in any conduct, that:
* Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
* Infringes upon the intellectual property rights (including copyright, trademark, patent, trade secret) of any third party.
* Contains viruses, malware, or any other harmful code.
* Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
* Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.
* Interferes with or disrupts the App or servers or networks connected to the App.
* Violates our Acceptable Use Policy (as may be updated from time to time).
3.5. Content Moderation: We reserve the right, but are not obligated, to monitor, review, edit, or remove Your Content at our sole discretion, without prior notice, if we believe it violates these Terms, our Acceptable Use Policy, or is otherwise objectionable.
4. Intellectual Property Rights of Varyx
All intellectual property rights in the Varyx AI App itself (excluding Your Content), including but not limited to software, design, text, graphics, logos, trademarks, and service marks, are owned by Vyntax or our licensors. You may not use any of our intellectual property without our prior written consent.
5. Purchases and Downloads
This section outlines the terms governing all financial transactions within the Varyx AI App related to content downloads.
5.1. AI Content Generation: The generation of images and graphics using our AI models is provided for free, potentially supported by advertisements, as described within the App.
5.2. Content Downloads: To download the final generated content (images or graphics) from the App, a payment is required. Downloads are facilitated through the use of "Varyx Credits."
5.3. Varyx Credits (Consumable Digital Goods):
* Purchase: Varyx Credits are digital consumables that you can purchase within the App.
* No Cash Value: Credits have no cash value, are non-transferable, and cannot be redeemed for cash or any other monetary value.
* Expiration: Credits do not expire. (Adjust if you implement expiration).
* Usage: Credits are consumed each time you successfully download content from the App, with the specific credit cost for each download clearly displayed.
* Non-Refundable: Purchases of Varyx Credit Packs are generally non-refundable, except where required by law, as detailed in our Refund Policy.
5.4. General Payment Terms:
* Payment Acceptance: By making any purchase of Varyx Credits, you agree to pay all applicable fees and charges in accordance with the payment terms in effect at the time the fee or charge becomes due.
* Currency: All prices and transactions are processed in Indian Rupees (INR) unless otherwise explicitly stated.
* Taxes: All fees are exclusive of applicable taxes (e.g., GST, VAT), which will be added to the purchase price where required by law. You are responsible for all taxes associated with your purchases.
* Payment Method: We utilize third-party payment processors (e.g., Paddle, Stripe) to facilitate all transactions. By making a purchase, you agree to be bound by the terms and conditions of our chosen payment processors. We do not store your full payment card details on our servers.
* Security: We implement reasonable security measures to protect your payment information. However, we cannot guarantee the absolute security of online transactions.
6. Disclaimers and Limitation of Liability
6.1. "As Is" Basis: The App and all content, services, and features are provided "as is" and "as available" without warranties of any kind, either express or implied.
6.2. No Guarantees: We do not guarantee that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no guarantees regarding the accuracy, quality, or reliability of any content, including AI-generated content.
6.3. Limitation of Liability: To the fullest extent permitted by law, Vyntax shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the App; (b) any conduct or content of any third party on the App; (c) any content obtained from the App; or (d) unauthorized access, use, or alteration of your transmissions or content.
7. Indemnification
You agree to defend, indemnify, and hold harmless Vyntax, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the App, including, but not limited to, Your Content, any use of the App's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Rourkela-769007,Odisha,India.
9. Changes to Terms
We reserve the right to modify or update these Terms at any time. We will notify you of any material changes by posting the new Terms on the App or by other means of communication. Your continued use of the App after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
10. Contact Us
If you have any questions about these Terms, please contact us at:
E-mail :- office@varyx.in
Phone :- +91-8926379509