vCoachPro User Terms and conditions

Last updated: Feb,26 2024

Varieum, LLC (“Varieum,” “Company”, “we”, “Party” or “us”) welcomes you to our ecosystem of trusted coaches and their invited users. The Terms and Conditions below describe the relationship between our Users (you) and vCoachPro as referenced below. These Terms are incorporated into this user Agreement and any other agreement between user (“User”, “Party” or “you”) and Varieum (collectively, this “Agreement”).

vCoachPro and Varieum LLC are synonymous. Any reference to either 'vCoachPro' or 'Varieum LLC' or 'Varieum' in these Terms and Conditions shall be understood to mean both entities interchangeably. They are to be treated as one and the same for all legal and operational purposes.

By signing the user Agreement or otherwise accepting these Terms, you agree to be bound by these Terms, which apply to all locations, sessions, payments, data and services you use available via the Varieum platform unless otherwise communicated or agreed upon by Varieum. You understand and agree that the user Agreement and these Terms may be updated or amended by Varieum from time to time as set forth below.Varieum LLC, reserves the right to modify these terms at any time without prior notice.

1. Use of Varieum

By using Varieum (the "App"), you agree to the following terms:

Varieum LLC has developed this App with the best intentions to provide the benefit to the Users and Coaches. Varieum LLC and its affiliates, partners, and contributors shall not be held legally responsible for any errors, issues, or the App(Varieum) not functioning as expected. The App(Varieum) is provided "as is," without any warranty of any kind, expressed or implied. Varieum LLC does not guarantee the accuracy, completeness, or usefulness of any information provided by the App(Varieum). Users are responsible for verifying the information before relying on it.

In no event shall Varieum LLC be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the App(Varieum). This includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to, or use of data. The information provided by the App(Varieum) is not intended to constitute legal, financial, or professional advice. Users should seek appropriate advice before making any decisions based on the information provided by the App(Varieum). Varieum LLC, reserves the right to modify these terms at any time without prior notice. 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.

This clause will survive the termination of the agreement.

2. Payment / Payment Method Terms

Varieum has the option to mandate the use of Payment methods to the following only that can be used by the Your(Varieum coach) users (You) that are enrolled with Varieum.

Stripe Credit Card single time payments

Apple Pay through Stripe payment methods.

Google Pay through Stripe payment methods.

Payment/Payment Method Terms are terms that apply to the use of Payment Methods. You can decide whether or not to use a Payment Method. However, if you use a Payment Method, you accept and agree to the terms applicable to that Payment Method, which will form part of our agreement with Stripe and various vendors of Varieum. Varieum shall not be responsible for Stripe or any third party vendors issues, errors or problems. Payment Method availability also varies by geography. Depending on your location, you may not be able to use one or more of the Payment Methods listed above.

Varieum's Integration with Stripe Payments

We appreciate your partnership with Varieum and the utilization of our integrated payment system with Stripe. To ensure clarity and transparency, please review the following legal disclaimer regarding Varieum's role and responsibilities:

2.1 Payment Processing:

Varieum integrates with Stripe to facilitate payment processing for our users and their coaches. While we strive for accuracy and efficiency in this process, we do not assume responsibility for any errors arising from user mistakes or system malfunctions.

2.2 User and System Errors:

Varieum shall not be held responsible for any discrepancies, financial losses, or other issues resulting from user error or system malfunctions during the payment process. You(Varieum user/s) are advised to exercise caution and diligence in managing their payment transactions.

2.3 Independent Bookkeeping:

You(Varieum user) are responsible for independently tallying up your transactions to ensure that all is correct with the made necessary payments. Varieum does not guarantee the accuracy or completeness of financial records and advises you(Varieum user/s) to conduct your own audits and reconciliations.

2.4 No Guarantee of Payment Accuracy:

While Varieum endeavors to provide reliable payment processing services, we do not guarantee the accuracy or timeliness of payment transactions. Any issues arising from payment discrepancies should be addressed directly by You(Varieum user) with the involved parties.

2.5 Stripe as a Third-Party System:

Stripe is a third-party payment system, and Varieum does not assume responsibility for the services provided by Stripe. Any issues, disputes, or concerns related to Stripe's services should be directed to Stripe's support and resolution channels.

2.6 User Payment Obligations:

You(Varieum user) are solely responsible for fulfilling their payment obligations. Varieum does not assume any liability for disputes or non-payment issues between you(Varieum user) and their coaches.

By continuing to use Varieum's integrated payment system with Stripe, users acknowledge and agree to the terms outlined in this legal disclaimer. If you do not agree with these terms, we recommend reviewing alternative payment solutions.

3. Dispute Resolution

Varieum shall not be held responsible for any fraud or disputes arising between you(Varieum user) and its coaches in relation to the data/products/services provided under this agreement. Varieum reserves the right to limit the usage of the user based on the violation of the agreement and also can change the limits of the usage with a notice of 7 days.

You(Varieum user) agrees to indemnify and hold harmless Varieum from any claims, damages, losses, or liabilities arising from fraud or disputes between You(Varieum user) and your coaches.

You(Varieum user) is solely responsible for communicating terms, conditions, warranties, and any other relevant information to your coaches. Varieum shall not be liable for any misinformation provided by You(Varieum user) to its coaches.

In the event of a dispute between You(Varieum user) and your coach/es, Varieum shall not be obligated to mediate, arbitrate, or otherwise intervene unless expressly agreed upon in writing.

3.1 Governing Law:

This agreement shall be governed by and construed in accordance with the laws of Texas. Refer to section 18 of this document.

3.2 Dispute Resolution:

Any dispute arising out of or in connection with this agreement, including disputes related to fraud or consumer disputes, shall be resolved through good faith negotiations between the Parties.

3.4 Arbitration:

Refer to section 19 of this document.

3.5 Exclusion of Litigation:

The Parties expressly exclude the application of traditional litigation and agree not to pursue resolution of disputes through court proceedings, except to enforce or challenge the arbitration award.

3.6 Costs of Dispute Resolution:

Each Party shall bear its own costs associated with the dispute resolution process, and the Parties shall share equally the fees and expenses of the mediator or arbitrator.

This clause will survive the termination of the agreement.

4. Payouts

Varieum provides a stripe connected account based payout model to your coaches. you(Varieum user) will not incur a cost of payout as charged by Stripe.

Disclaimer; Limitations on Varieum's Liability

Varieum is not responsible for Stripe Connect payout errors/discrepancies, and disclaims all liability arising from or relating to:

(a) any Stripe Connect Platform’s acts or omissions in providing services to you or your coaches, or for any Stripe Connect Platform’s failure to comply with the terms of your Platform Provider Agreement;

(b) obligations to you by your coaches (including properly describing and delivering the goods or services being sold to you); or

(c) your compliance with Laws and obligations related to you being provisioned goods or services, or receipt of charitable donations, including any obligation to provide customer service, notify and handle refunds or consumer complaints, provide receipts, register your legal entity, and other actions not related to the Services.

This section is in addition to, and does not limit, the provisions of the Varieum Services Agreement that disclaim or limit Varieum’s liability.

5. Schedule Notifications or Changes

Varieum is not responsible for the verification and/or correction of the scheduled sessions and it is the sole responsibility of you(Varieum user) to verify and correct as needed.

Varieum is not responsible for any factors, including but not limited to network issues, technical glitches, or unforeseen circumstances, that may contribute to delays or discrepancies in the schedules display or notifications associated to the sessions.

Please be advised that our service is designed to facilitate scheduling and does not guarantee an uninterrupted or error-free calendar. We recommend checking your scheduled sessions and associated data to ensure accuracy. If you encounter any discrepancies, kindly reach out to our support team, and we will make every effort to assist you in resolving the issue.

By utilizing our scheduling service, you acknowledge and accept that Varieum is not liable for any losses, damages, or inconvenience resulting from discrepancies in the display or notification of scheduled sessions.

6. Insurance

Varieum does not, and is in no way responsible for providing liability insurance or any other protection for you(Varieum user). Accidents, injuries or any other incidents whether leading to litigation or not, are the sole responsibility of you(Varieum user). In addition where applicable, you(Varieum user) is responsible for ensuring compliance on all local, state and federal labor laws and regulations as it pertains to you.

7. Feedback

Varieum is not responsible for and will not remove, where in our control, any social media posts, reviews, feedback posted about you(Varieum user) or your associated coach business, employees or any other aspects of operation. Any posts on the Varieum application must conform with “Section 6 - Content” of the “Varieum Terms of Use” policy. The scope of Variems “Terms of Use Policy'' is only within the Varieum application and does not cover any other online or media services. You must reference those individual terms and conditions for details governing the use of their sites/services.

8. Weather Notifications

Varieum utilizes the national weather service forecast to provide weather-related information. It is important to acknowledge and understand the following legal disclaimer regarding the use of this weather service as a helper service on our app:

8.1 Accuracy of Information:

The weather forecast information provided by Varieum is sourced from third-party weather services and is only for guidance. Varieum cannot guarantee the completeness, accuracy, or reliability of the information. Weather conditions are subject to change, and discrepancies may occur. Varieum shall not be responsible for any cancellations or rescheduling issues of you(Varieum user) or your coach based on weather related predictions.

8.2 No Liability for Damages:

Varieum shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or reliance on the weather forecast information provided by our app. This includes but is not limited to damages for loss of profits, data, or use.

8.3 Third-Party Terms:

Users are encouraged to review and comply with the terms of use and privacy policies of the third-party weather service providers integrated into our app. Any discrepancies or issues related to the weather service itself should be addressed directly with the respective service provider.

8.4 Information for Planning Purposes Only:

The weather forecast information presented on our app is intended for planning purposes only. Users are advised to exercise their discretion and take into consideration that weather conditions may change rapidly, impacting the accuracy of the forecast.

8.5 No Guarantee of Service Continuity:

Varieum reserves the right to modify, suspend, or discontinue the weather service feature on our app at any time, without prior notice. We shall not be held responsible for any interruption or termination of the weather service.

By continuing to use Varieum, you acknowledge and agree to the terms outlined in this legal disclaimer. If you do not agree with these terms, we advise refraining from relying on the weather service feature provided by our app.

9. User Account Privacy

When you(Varieum user) create a Varieum account, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a Third-Party Social Media Service.

You agree not to disclose your password to any third Party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You agree to not store, share, transfer, disclose or sell any user data that is derived from the Varieum application. You also agree to not use any customer data for any purpose other than booking scheduled sessions or services through Varieum.

10. Content

Your Right to Post Content

Our Service may or may not allow you(Varieum user) to post Content. You are responsible for the Content that you post to the app/service, including its legality, reliability, and appropriateness.

By posting Content to the app/service, You grant Varieum the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the service. You(Varieum user) shall retain any and all of your rights to any Content you submit, post or display on or through the service and you are responsible for protecting those rights. You agree that this license includes the right for Varieum to make your content available to other users of the service, who may also use your content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

Varieum is not responsible for the content of your(Varieum user) associated coaches. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You(Varieum user) may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any Party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.

Varieum reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms, refuse or remove this content. Varieum further reserves the right to make formatting and edits and change the manner of any content. Varieum can also limit or revoke the use of the app/service if you post such objectionable content. As Varieum cannot control all content posted by users and/or third parties on the service, you agree to use the app/service at your own risk. You understand that by using the app/service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of content are performed, the company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Varieum will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of content. But you acknowledge that Varieum has no liability related to the integrity of content or the failure to successfully restore content to a usable state.

You agree to maintain a complete and accurate copy of any content in a location independent of the service.

11. Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the app/service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
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.
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.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

12. Intellectual Property

The Varieum app/service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

Varieum is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the company.

13. Your Feedback to Us

You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

14. Links to Other Websites

Varieum app/service may contain links to third-party web sites, apps or services that are not owned or controlled by the Company.

Varieum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Varieum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

15. Termination for convenience

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions

Either Party can terminate with a 30 day written notice.

Any sessions that are booked will survive this Termination clause.

Upon final termination by either Party, Service will cease immediately for the user.

16. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates/partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any affiliate/partners has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each Party's liability will be limited to the greatest extent permitted by law.

17. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the company, on its own behalf and on behalf of its affiliates/partners and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

18. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state residence. Disputes arising out of or relating to this Agreement shall be limited to a federal or state court located within Collin County, Texas. Each Party submits to the jurisdiction of such courts. You hereby waive any right to a jury trial and agree that any proceedings will be conducted only on an individual basis and not in a session, consolidated, or representative action.

19. Arbitration Agreement

If you have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Varieum.

You and Varieum agree that any dispute, claim or controversy arising out of or relating in any way to the Varieum service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Varieum are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this agreement and the termination of your Varieum membership.

If you seek arbitration or file a small claim court action, you must first send to Varieum, by certified mail, a written notice of your claim ("Notice"). The Notice to Varieum must be addressed to: General Counsel, Varieum, LLC. 13371 Day Star Way, Frisco, TX 75035 ("Notice Address"). If Varieum initiates arbitration, it will send a written Notice to the email address on file for your account. A Notice, whether sent by you or by Varieum, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Varieum and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Varieum may commence an arbitration proceeding or file a claim in small claims court.

You and Varieum agree that each may bring claims against the other only in your or its individual capacity and is not as a plaintiff or class member in any purported class or representative proceeding.

20. Severability and Waiver

Severability

If any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a Party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

21. Translation Interpretation

These Terms of Use may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

22. Partnership

You(Varieum user) are independent contractors and are NOT a partnership with Varieum. You(Varieum user) are using the Varieum app under the terms and conditions set forth in this document. This relationship is in no way to be construed as a joint venture, equity or any other type of business relationship outside of an independent contractor relationship.

23. User Registration/Management

Varieum currently uses Google Firebase to provide authentication and authorization for you(Varieum user). Varieum shall reserve the right to change the third party service to provide authentication and authorization for you(Varieum user) at any time without a prior notice to you(Varieum user).

User Data and Privacy:

User registration and related data are managed by Google Firebase as part of our app's user authentication system. By using our app, you acknowledge and agree that user data is subject to Google Firebase's terms of service and privacy policy. We recommend reviewing Google Firebase's policies to understand how your data is handled.

Service Reliability:

While we strive to provide a seamless user experience, Varieum cannot guarantee the continuous and uninterrupted availability of Google Firebase services. We are not responsible for any disruptions, outages, or technical issues related to the operation of Google Firebase.

Data Security:

Google Firebase employs security measures to protect user data; however, Varieum disclaims any liability for unauthorized access, disclosure, or loss of user information. Users are encouraged to employ strong and unique passwords for their accounts.

Updates and Changes:

Google Firebase may release updates, modifications, or new features over time. Varieum reserves the right to update the integration with Google Firebase accordingly, and users are responsible for ensuring compatibility with the latest version of our app.

No Endorsement: The use of Google Firebase does not imply an endorsement or partnership between Varieum and Google. Google Firebase is a separate entity with its own terms of service and policies.

23. QR Code Generator and Scanner

Varieum incorporates a third-party utility for QR code generation and scanning to facilitate session validation. It is important to review and understand the following legal disclaimer regarding the use of this third-party utility as a helper service on our app.

23.1 Utility Integration:

Varieum utilizes a third-party QR code generator and scanner to enhance session validation. This utility is integrated for convenience, and we do not own or control the functionality, operation, or data processing policies of the third-party service provider.

23.2 Accuracy and Reliability:

While we strive to provide a seamless and reliable experience, Varieum cannot guarantee the accuracy, reliability, or completeness of the QR code generation and scanning process performed by the third-party utility. Users are advised to exercise caution and verify the information obtained through QR code scans.

23.3 Third-Party Terms:

Users are encouraged to review and comply with the terms of use and privacy policies of the third-party utility provider integrated into our app. Any issues or discrepancies related to the functionality of the QR code generator and scanner should be addressed directly with the respective service provider.

23.4 Security Considerations:

Varieum is not responsible for any security breaches, unauthorized access, or data breaches resulting from the use of the third-party QR code generator and scanner. You(Varieum user) should be cautious when scanning QR codes and ensure the legitimacy of the source.

23.5 No Guarantee of Service Continuity:

Varieum reserves the right to modify, suspend, or discontinue the integration of the third-party utility at any time, without prior notice. We shall not be held responsible for any interruption or termination of the QR code generation and scanning service.

24. Third-Party Calendar Subscription Utility

Varieum incorporates a third-party utility for calendar subscription to facilitate you(Varieum user) to easily integrate your schedule with your coaches. It is important to review and understand the following legal disclaimer regarding the use of this third-party utility as a helper service on Varieum.

24.1 Utility Integration:

Varieum utilizes the third-party utility for calendar subscription for convenience, and we do not own or control the functionality, operation, or data processing policies of the third-party service provider.This utility is independent of Varieum and is subject to its own terms of use and privacy policies.

24.2 Accuracy and Reliability:

While we strive to provide a seamless and reliable experience, Varieum cannot guarantee the accuracy, reliability, or completeness of the calendar subscription data generated by the third-party utility. Users are advised to exercise caution and verify the information obtained through the calendar subscription.Varieum shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or reliance on the third-party calendar subscription utility, including but not limited to damages for loss of profits, data, or use.

24.3 Third-Party Terms:

Users are encouraged to review and comply with the terms of use and privacy policies of the third-party utility provider integrated into our app. Any issues or discrepancies related to the functionality of the calendar generation should be addressed directly with the respective service provider.

24.4 Security Considerations:

Varieum is not responsible for any security breaches, unauthorized access, or data breaches resulting from the use of the third-party QR code generator and scanner. You(Varieum user) should be cautious and also warn your users when subscribing to the calendar and ensure the legitimacy of the source.

24.5 No Guarantee of Service Continuity:

25. Varieum's Zelle Paid Markoff Feature

We want to bring to your attention the legal disclaimer related to Varieum's feature for Zelle paid markoff. Please carefully read the following terms:

25.1 User and System Responsibility:

Varieum provides a feature for Zelle paid markoff, allowing users to manage and mark their payments efficiently when made through third party banks/systems. However, Varieum shall not be held responsible for any user errors or system errors that may occur during the utilization of this feature.

25.2 Bookkeeping Responsibility:

While Varieum strives to offer accurate and reliable features, users and coaches are solely responsible for tallying up their books to ensure that all users have appropriately paid. Varieum does not assume any liability for discrepancies in bookkeeping or financial records.

25.3 Independent Verification:

Users and coaches are encouraged to independently verify and cross-check payment information to confirm the accuracy of transactions processed through the Zelle paid markoff feature. Varieum provides tools, but ultimate verification rests with the user.

25.4 No Guarantee of Error-Free Operation:

Varieum does not guarantee error-free operation of the Zelle paid markoff feature. Users and coaches acknowledge that unforeseen technical issues or errors may occur, and Varieum is not responsible for any resulting consequences.

25.5 Modification or Discontinuation:

Varieum reserves the right to modify or discontinue the Zelle paid markoff feature at any time, without prior notice. Varieum shall not be held liable for any disruption or termination of the feature.

By continuing to use Varieum's Zelle paid markoff feature, you acknowledge and agree to the terms outlined in this legal disclaimer. If you do not agree with these terms, we recommend refraining from using this specific feature.

26. Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these terms at any time. By continuing to use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, refrain from using the service.

27. Application Fee

An application fee will be charged for every transaction conducted within the Varieum App.In addition to the application fee, users will be subject to credit card transaction fees imposed by third-party payment processors.

27.1 Transaction Processing:

Users acknowledge and agree that the application fee is a separate charge from any credit card transaction fees and is applicable to each transaction processed through the Varieum App.

27.2 Payment and Billing:

Users are responsible for all fees associated with their use of the Varieum App, including application fees and credit card transaction fees.Payment for fees will be processed through the selected payment method on the Varieum platform.

27.3 Modification of Fees:

Varieum reserves the right to modify the application fee and credit card transaction fees at its sole discretion.Any changes to fees will be communicated to users within a 7 day notice.

27.4 Liability Disclaimer:

Varieum disclaims any liability arising from errors, discrepancies, or issues related to credit card transactions or application fees charged by third-party payment processors.Users acknowledge that Varieum is not responsible for the acts or omissions of third-party payment processors.

27.5 Acceptance of Terms:

By using the Varieum App, users signify their acceptance of these terms and conditions.

Users are encouraged to review these terms periodically, as Varieum may update them without prior notice.

27.6 Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]