Last Updated: 2025-05-06
By downloading, installing, or using the Varyia mobile application ("App"), 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 App.
These Terms constitute a legally binding agreement between you and SWJS Software Inc. ("we," "our," or "us").
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
Varyia is an AI art generation app that allows you to:
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial purposes on a single device owned or controlled by you.
You may not:
To use the App, you need to create an account with a valid email address. 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.
You are responsible for:
We use Firebase Authentication to manage account security and access. If you choose to use Google Sign-In (when available), additional Google account data may be processed according to Google's privacy policies.
The App uses a token-based system for generating AI artwork:
All in-app purchases are processed through Apple's App Store and are subject to Apple's terms and conditions. Purchases are non-refundable except as required by applicable law.
Tokens have no monetary value, cannot be exchanged for cash, and are non-transferable. Tokens expire if your account is closed or terminated for any reason.
The App synchronizes your data between your device and our cloud services:
While we make efforts to ensure data integrity during synchronization, you acknowledge that there may be situations where data conflicts or synchronization issues occur. We recommend making backups of important creations.
The App allows you to create and store various types of content ("User Content"), including:
You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Content in connection with operating and providing the App.
You represent and warrant that:
We may remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.
The App uses artificial intelligence to generate artwork based on your input:
You may use AI-generated content for personal, non-commercial purposes. For commercial use, please contact us for licensing information.
We make no claims regarding ownership or copyright status of AI-generated images. The legal status of AI-generated artwork may vary by jurisdiction and is an evolving area of law.
You agree not to use the App to:
The App, including its code, content, design, logos, and other materials, is protected by copyright, trademark, and other laws. Our name, logos, and product names are our trademarks.
Except for the limited license to use the App granted in these Terms, we and our licensors retain all right, title, and interest in and to the App.
The App uses Google Firebase and other third-party services:
Your use of these services is subject to their respective terms of service and privacy policies.
You may request deletion of your account and associated data by contacting us at support@swjssoftware.com. Upon verification of your identity, we will delete your account and personal information, subject to any legal obligations to retain certain data.
After account deletion:
We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you violate these Terms.
Upon termination:
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US FOR THE APP IN THE PAST 12 MONTHS.
You agree to indemnify, defend, and hold harmless SWJS Software Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
These Terms shall be governed by the laws of the State of BC, without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or the App shall be resolved through binding arbitration in Burnaby, BC, using the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator.
To the extent permitted by law, you agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
If you have any questions about these Terms, please contact us at:
legal@swjssoftware.com
SWJS Software Inc.
Burnaby, BC
Canada