VARIABLE TERMS & CONDITIONS

Variable Technologies Inc.

Last updated: 4/17/2026

These Terms & Conditions ("Terms") govern your use of the Variable websites, applications, and services (the "Service"), operated by Variable Technologies Inc. ("Variable," "we," "us"). By accessing, browsing, or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.

0. Definitions

• "Platform Content" means all worksheets, lesson materials, assessments, activity templates, design layouts, generated outputs, text, graphics, images, user interface elements, and any other content created, compiled, or made available by Variable through the Service, whether produced by our systems, our team, or our proprietary models and databases.
• "Generated Content" means any worksheet, activity, document, or other output produced by or through the Service's tools, AI systems, or engines in response to a user prompt, request, or input.
• "Uploaded Materials" means any curriculum, documents, worksheets, or other content you upload to the Service to enable personalized content generation.
• "Derived Content" means any Generated Content produced by the Service in response to or based upon your Uploaded Materials.
• "Authorized Use" means personal, non-commercial use by the individual account holder for direct personal or classroom educational purposes, strictly as described in Section 3.

1. Eligibility and Account Setup

You must be at least 18 years old to create an account and use the Service. By creating an account, you represent and warrant that you meet this requirement.

You are responsible for maintaining the confidentiality and security of your account credentials (including your email account used for magic link login), and for all activity that occurs through your account. You must notify us immediately at help@withvariable.com if you suspect any unauthorized access to your account. Variable is not liable for any loss arising from your failure to maintain account security.

Accounts are personal and non-transferable. You may not share your login credentials or allow any other person to access the Service through your account.

Electronic Communications. By creating an account and providing your contact information, you consent to receive electronic communications from Variable, including operational notices, product updates, and promotional emails. You may opt out of promotional emails at any time by following the unsubscribe instructions in those emails. Opting out of promotional emails does not affect operational or account-related communications.

2. User Information

The Service may allow you to enter information to personalize your experience and the content generated. You represent that any information you provide is accurate and that you have the right to provide it.

You retain ownership of the personal information you provide. Variable's collection and use of this information is governed by our Privacy Policy.

You agree not to upload or input personal information about children or students, including names, identifiable academic records, or other sensitive data.

Where the Service permits, you may upload your own curriculum, worksheets, documents, or other materials ("Uploaded Materials") to enable the generation of personalized content.

Your ownership: You retain full ownership of all Uploaded Materials. Variable claims no ownership interest in your Uploaded Materials.

By uploading materials, you grant Variable a fully paid, royalty-free, worldwide, non-exclusive right and license to use, process, and display your Uploaded Materials solely as necessary to operate and provide the Services to you and other users.

Your representations: You represent and warrant that:

• You own or have all necessary rights and permissions to upload the materials;
• Your Uploaded Materials do not infringe any third-party intellectual property rights; and
• You are not uploading any materials in violation of any contractual obligation, confidentiality agreement, or applicable law.

Deletion: You may delete your Uploaded Materials from the Service at any time. Upon deletion, Variable will cease processing those materials, subject to any retention obligations required by law or described in our Privacy Policy.

3. License and Acceptable Use

3.1 License Grant

Subject to your compliance with these Terms and payment of any applicable fees, Variable grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for Authorized Use: personal, non-commercial use for direct personal or classroom educational purposes.

For clarity, "Authorized Use" includes use in live instructional settings (e.g., classrooms, tutoring sessions, or small-group instruction), even where you are compensated for your time, provided that the Generated Content itself is not being sold, licensed, or distributed as a standalone product.

This license does not include the right to:

• Access or use the Service for any commercial purpose;
• Use any Platform Content or Generated Content in any product, service, or offering — whether paid or free — made available to others for commercial gain; or
• Sublicense, resell, or otherwise transfer rights to Platform Content or Generated Content to any third party.

Any commercial use of the Service or its outputs requires Variable's prior explicit written permission.

3.2 Sharing of Generated Content

You are permitted to share Generated Content with others for non-commercial purposes — including via social media, email, messaging, or other channels. Non-commercial sharing is encouraged and helps others discover the platform.

You may also share Generated Content with students, families, or other educators in the course of normal educational use, including within schools, classrooms, or tutoring environments.

You may not, however, share Generated Content in any context that constitutes or enables commercial use, including:

• Selling or licensing Generated Content to others;
• Including Generated Content as a product, deliverable, or core component of any paid course, subscription, or content offering; or
• Posting Generated Content on any marketplace or platform where it is offered for sale or download for payment (including but not limited to Teachers Pay Teachers, Etsy, or similar services).

You can freely use, print, and share Generated Content with your students, families, or classroom for normal, non-commercial educational purposes. You just can’t sell it, package it as a product, or use it commercially.

3.3 Additional Prohibited Uses

You agree that you will not, and will not permit any third party to, do any of the following:

(a) Commercial Misuse

• Sell, resell, license, sublicense, bundle, or otherwise commercialize any Platform Content or Generated Content;
• Post or distribute any Platform Content or Generated Content on any teacher marketplace, content-sharing platform, or curriculum repository for payment; or
• Remove, obscure, or alter any copyright notice, watermark, or attribution on any Platform Content or Generated Content.

(b) Automated and Programmatic Access

• Scrape, crawl, spider, or otherwise extract any content, data, or information from the Service using any automated tool, script, bot, browser extension, or similar means, whether in whole or in part;
• Bulk download, harvest, or systematically collect Platform Content, Generated Content, or any other data from the Service;
• Access the Service programmatically through any API, endpoint, or interface not expressly authorized by Variable in writing;
• Use any automated means to create accounts, generate outputs at scale, or interact with the Service in a manner inconsistent with ordinary individual use; or
• Index, mirror, cache, or frame any Platform Content or Generated Content without our prior written authorization.
• Use prompt-based or manual extraction methods in a systematic or repeated manner to replicate, reconstruct, or compile Platform Content or Generated Content at scale.

(c) AI and Machine Learning

You expressly may not use any Platform Content, Generated Content, or any data, outputs, or materials derived from the Service — in whole or in part — for any of the following purposes:

• Training, fine-tuning, developing, testing, evaluating, or benchmarking any artificial intelligence system, machine learning model, large language model (LLM), generative AI system, neural network, or similar technology;
• Building, improving, or supplementing any dataset, corpus, or training resource intended for use with AI or ML systems;
• Generating synthetic data, paraphrases, or derivative outputs from Platform Content or Generated Content for AI/ML training or evaluation purposes; or
• Any research or commercial activity involving AI/ML model development that incorporates or builds upon Platform Content or Generated Content.

This prohibition applies regardless of whether the use is internal, academic, commercial, or non-commercial, and regardless of whether the resulting model, system, or dataset is publicly released or kept private.

(d) Competitive Use

• Access or use the Service to build, develop, or support any product or service that competes with Variable or replicates the core functionality of the Service; or
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, AI models, training data, or proprietary logic of any part of the Service.

(e) General Prohibited Conduct

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service or its infrastructure;
• Upload or transmit any virus, malware, or other harmful code;
• Circumvent, disable, or interfere with any security feature, access control, or rights management technology of the Service; or
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

(f) Derivative Use to Circumvent Restrictions

You may not modify, adapt, reformat, or create derivative works of any Platform Content or Generated Content for the purpose of circumventing the restrictions in these Terms, including restrictions on commercial use, redistribution, or AI/ML training.

3.4 Usage Limits and Abuse Prevention

Variable may impose reasonable usage limits, rate limits, or other controls on use of the Service to prevent abuse, protect system integrity, or ensure fair access for all users. We reserve the right to suspend or restrict access for accounts that generate content at a volume or frequency inconsistent with typical individual use.

4. Worksheets and Generated Content

The Service generates learning activities, worksheets, and related materials ("Generated Content"). Generated Content is made available to you under the license described in Sections 3 and 5.

• For personal use: You may download, print, and share Generated Content for non-commercial personal, classroom, or tutoring purposes.
• No commercial use: You may not sell, publish, or distribute Generated Content as part of any commercial product, service, or offering — including online bundles, marketplace listings, or subscription services — without our prior written permission.
• No AI training use: You may not use Generated Content to train, fine-tune, or develop any AI or machine learning system. See Section 3.3(c).
• No guarantees: Generated Content may contain errors. You are responsible for reviewing all materials for accuracy and appropriateness before use.
• No professional advice: The Service does not provide medical, psychological, legal, or professional advice of any kind.

5. Intellectual Property

5.1 Variable's Ownership

Variable owns and retains all right, title, and interest in and to the Service and all Platform Content, including all copyrights, trademarks, trade secrets, database rights, and other intellectual property rights, whether registered or unregistered, in:

• All worksheets, activities, lesson plans, assessments, and templates available through the Service;
• All underlying templates, structures, systems, and methods used to generate content through the Service;
• All design elements, layouts, visual arrangements, and stylistic elements of the Service;
• All underlying software, algorithms, AI models, training data, databases, and systems used to operate or generate content through the Service; and
• All Variable trademarks, logos, service marks, and trade names.

5.2 Ownership of Generated Content

Variable retains ownership of the Service, Platform Content, and all underlying systems, templates, designs, and generation methods used to create Generated Content.

Subject to your compliance with these Terms, Variable grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Generated Content solely for Authorized Use (personal, non-commercial educational purposes).

To the extent you have any rights in Generated Content under applicable law, those rights are expressly limited by and subject to the restrictions in these Terms, including restrictions on commercial use, redistribution, and AI/ML training.

As between you and Variable, you may use Generated Content subject to these Terms. You are granted a broad, non-exclusive license to use Generated Content for Authorized Use, including personal, classroom, and instructional contexts. You may retain, reuse, and adapt Generated Content for your own educational use, but you may not commercialize, resell, or redistribute Generated Content beyond what is expressly permitted in Section 3.

Important notice regarding copyright in AI-generated content: Generated Content is produced by artificial intelligence. Variable makes no representation that Generated Content is eligible for copyright protection under applicable law. Under current law in the United States and many other jurisdictions, AI-generated content may not qualify for copyright protection, as courts and regulators have generally required human authorship as a precondition. This means that while you may use Generated Content freely within the scope of these Terms, your ability to assert exclusive rights over Generated Content against third parties may be limited. The restrictions in these Terms — not copyright law — are the primary legal mechanism governing use of Generated Content from the Service.

Accordingly, your rights to Generated Content arise primarily from this license, not from copyright ownership.

Additionally, due to the nature of AI generation, outputs may not be unique across users; other users may receive similar or identical Generated Content in response to similar prompts, and some outputs may incorporate or be derived from third-party sources.

5.3 Your Information and Uploaded Materials

You retain ownership of the personal information you provide and all Uploaded Materials. By providing such information or uploading materials, you grant Variable only the limited licenses described in Section 2, solely as necessary to provide the Service to you.

5.4 Copyright Notices

If you believe any content on the Service infringes your copyright, please contact us at help@withvariable.com (Subject: "IP / Copyright Notice") with a description of the work, the location of the allegedly infringing material, your contact information, a statement of good faith belief, and a statement of accuracy.

6. Feedback

If you provide feedback, suggestions, or ideas regarding the Service, you hereby assign to Variable all right, title, and interest in such feedback. Variable may use feedback for any purpose without compensation or attribution to you.

7. Privacy

Our Privacy Policy describes how we collect, use, and share information. By using the Service, you agree to our Privacy Policy.

8. Privacy Rights — GDPR and CCPA

8.1 EU and UK Users — GDPR

If you are located in the European Economic Area (EEA) or the United Kingdom, the General Data Protection Regulation (GDPR) or UK GDPR, as applicable, may apply to our processing of your personal data. In that case, you have the following rights:

• Right of access: You may request a copy of the personal data we hold about you.
• Right to rectification: You may request that we correct inaccurate or incomplete personal data.
• Right to erasure: You may request that we delete your personal data, subject to certain legal exceptions.
• Right to restriction: You may request that we restrict processing of your personal data in certain circumstances.
• Right to data portability: You may request a copy of your personal data in a structured, machine-readable format.
• Right to object: You may object to our processing of your personal data where we rely on legitimate interests as our lawful basis.
• Right to withdraw consent: Where we rely on your consent to process personal data, you may withdraw that consent at any time without affecting the lawfulness of prior processing.

To exercise any of these rights, please contact us at help@withvariable.com. Personal data may be transferred outside the EEA or UK in connection with the Service. Where such transfers occur, we take appropriate safeguards in accordance with applicable law, including Standard Contractual Clauses or other approved transfer mechanisms. For full details, see our Privacy Policy.

8.2 California Users — CCPA / CPRA

If you are a California resident, you have the following rights under the CCPA as amended by the CPRA:

• Right to Know: You may request disclosure of the categories and specific pieces of personal information we collect, the purposes for which it is used, and whether it is shared with third parties.
• Right to Delete: You may request deletion of personal information we have collected from you, subject to certain exceptions.
• Right to Correct: You may request correction of inaccurate personal information we hold about you.
• Right to Opt-Out of Sale or Sharing: Variable does not sell your personal information. We do not share your personal information with third parties for cross-context behavioral advertising purposes.
• Right to Limit Use of Sensitive Personal Information: You may request that we limit our use of sensitive personal information to purposes reasonably necessary to provide the Service.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights.

To submit a request, please contact us at help@withvariable.com (Subject: "Privacy Rights Request"). We will verify your identity and respond within the timeframes required by applicable law.

California Civil Code §1789.3 Notice: California users may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

9. Beta Nature of the Service and Modifications

The Service may be offered as an early-access or beta product. Features may change, be removed, or be unavailable at times. Variable reserves the right to modify, suspend, or discontinue any feature or the Service as a whole at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

10. Termination

10.1 Termination by Variable

Variable may, in its sole discretion and without prior notice, immediately suspend or terminate your account and access to the Service if:

(a) You breach any provision of these Terms, including the prohibited uses in Section 3;

(b) We reasonably believe you are engaged in scraping, automated access, bulk downloading, or any use that violates Sections 3.3(b) or 3.3(c);

(c) We reasonably believe you are using Platform Content or Generated Content for AI/ML training, commercial redistribution, or any other unauthorized purpose;

(d) You provide false or misleading information in connection with your account;

(e) We determine that your continued use poses a risk to Variable, our intellectual property, or other users; or

(f) We are required to do so by law or court order.

10.2 Termination by You

You may close your account at any time by contacting help@withvariable.com.

10.3 Effect of Termination

Upon termination, your right to access and use the Service and all Platform Content immediately terminates. Sections 3 (Prohibited Uses), 5 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 15 (General Provisions) survive termination and remain in full force. Variable shall not be liable to you for any termination or suspension of your account, regardless of reason.

11. Disclaimers

THE SERVICE AND ALL PLATFORM CONTENT AND GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARIABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

VARIABLE MAKES NO WARRANTY THAT GENERATED CONTENT WILL BE ACCURATE, COMPLETE, UNIQUE, OR FREE FROM ERROR.

YOU ARE RESPONSIBLE FOR REVIEWING GENERATED CONTENT FOR ACCURACY, APPROPRIATENESS, AND SUITABILITY FOR YOUR INTENDED USE BEFORE USING IT WITH CHILDREN OR STUDENTS.

VARIABLE DOES NOT REPRESENT OR WARRANT THAT GENERATED CONTENT IS PROTECTABLE BY ANY INTELLECTUAL PROPERTY RIGHTS UNDER APPLICABLE LAW. YOU ASSUME ALL RESPONSIBILITY FOR EVALUATING AND USING GENERATED CONTENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARIABLE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. IN ANY EVENT, VARIABLE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED $100.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF VARIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Indemnification

You agree to indemnify, defend, and hold harmless Variable and its officers, directors, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Service in violation of these Terms;

(b) Your violation of any applicable law or regulation;

(c) Your infringement of any third-party intellectual property or other rights;

(d) Any information, content, or Uploaded Materials you submit to the Service; or

(e) Any unauthorized commercial use, redistribution, scraping, or AI training use of Platform Content or Generated Content by you or through your account.

Variable reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with that defense.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to contact Variable at help@withvariable.com and attempt to resolve the dispute informally for at least 30 days from the date notice is provided. Both parties agree to negotiate in good faith during this period.

14.2 Binding Arbitration

If a dispute is not resolved informally within 30 days, and you are located in the United States, you and Variable agree that any remaining dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

14.3 Class Action and Jury Trial Waiver

YOU AND VARIABLE EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND VARIABLE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

14.4 Opt-Out Right

You may opt out of the arbitration agreement in this Section 14 by sending written notice to help@withvariable.com within 30 days of first creating your account. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provisions of these Terms.

14.5 Exceptions

Notwithstanding Section 14.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, including to enforce the prohibitions in Sections 3 and 5 against unauthorized scraping, AI training use, and commercial redistribution. Either party may also bring claims in small claims court if the claims qualify.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. To the extent any dispute is not subject to arbitration under Section 14, you agree to exclusive venue and jurisdiction in the state or federal courts located in Delaware.

16. Changes to the Terms

We may update these Terms from time to time. We will post the updated version and change the "Last Updated" date. For material changes, we will provide notice via email or a prominent in-app notification at least 30 days before the changes take effect for existing users. New users are subject to updated Terms immediately upon posting. Continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Service before the effective date.

17. General Provisions

17.1 Entire Agreement. These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Variable regarding the Service and supersede all prior agreements or understandings on the same subject matter.

17.2 Severability. If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 No Waiver. Variable's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Variable may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

17.5 Force Majeure. Variable shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, or internet or infrastructure outages.

17.6 No Third-Party Beneficiaries. These Terms are made for the sole benefit of you and Variable. No other person or entity shall have any right to enforce any provision of these Terms.

17.7 Export Controls. By using the Service, you represent that you are not located in a country subject to a US government embargo and that you are not listed on any US, EU, or UK government sanctions or restricted-party list.

17.8 Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by Variable.

18. Contact

Variable Technologies Inc.

Email: help@withvariable.com

For IP / copyright concerns: help@withvariable.com (Subject: "IP / Copyright Notice")

For privacy rights requests: help@withvariable.com (Subject: "Privacy Rights Request")

© 2026 Variable Technologies Inc. All rights reserved. Unauthorized commercial use, scraping, or AI training use of any content from this platform is strictly prohibited.