Terms of Service

This Agreement contains all of the terms and conditions (“Terms of Service”) between Variantista.com, a subsidiary of TakeOneMoreStepLLC (“Variantista”) and buyers of content services including Businesses, Individuals, Agencies, SEO Firms or Others (“Customers”) and the sale of Variantista’s services including, but not limited to, Content Strategy, Content Writing, Content Editing, Content Translation, Content Transcription, Content Design. These services will be carried out by Writers, Editors, Transcriptionists, Strategists, Designers, or Others (“Employees”) whose services Variantista retains. For the purposes of this Agreement, the “Site” shall mean www.variantista.com and any other websites, web pages, mobile applications and mobile websites operated by Variantista.com, and the “Services” shall mean any of the various services that Variantista.com provides through the Site or any other channels, including without limitation, over the telephone or video calls. Please read this Agreement before using the Site and engaging in Services. Use of the Site and Services constitutes an agreement with the Terms of Service (this “Agreement”), whether or not you register as a user of Variantista (“Registered Users”). By using this Site, Registered Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the Variantista Privacy Policy, do not use the Site.

  1. ACCEPTANCE OF TERMS OF USE AGREEMENT.

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by Variantista from time to time, such modifications to be effective upon posting by Variantista on the Site. Your use of the Site or the Service after such posting will constitute acceptance by you of such changes. This Agreement also includes the Variantista Privacy Policy and Terms of Sale. By accessing the Site or becoming a Registered User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Registered User, you consent to have this Agreement provided to you in electronic form.

Unless the Customer objects or cancels their engagement with Variantista’s services within a period of three weeks, their continued use of the service shall constitute acceptance of the new Terms & Conditions, which shall come into force at a time determined by Variantista. In the event of an objection on the part of the Customer, Variantista has the right to terminate the contract immediately.

  1. GENERAL

2.1 Variantista, a subsidiary of TakeOneMoreStepLLC, provides its customers (‘Customers’) with the opportunity to commission the creation of content on certain topics through its platform. To complete these projects, Variantista makes use of Writers, Editors, Transcriptionists, Strategists, Designers, or Others (“Employees”) whose services Variantista retains. These may be in-house team members or outsourced service providers such as freelancers, consultants, artists, or others.

2.2 These Terms of Service contain the entire agreement between the Customer and Variantista and supersedes any prior written or oral agreements, representations or understandings between the Customer and Variantista.

2.3 Any alterations and alternative conditions belonging to the Customer are only binding if they have been confirmed in writing by Variantista. Contradictory terms and conditions belonging to the Customer only apply if Variantista has given its express written consent to them in advance.

2.4 The Customer is aware that Variantista itself may not compose the content commissioned. Variantista will either assigourn the project in an in-house capacity through the use of Employees OR commission one or more freelancer or otherwise Writers, Editors, Transcriptionists, Strategists, Designers, or Others to complete the project. If no Employee or outsourced persons can be found who are prepared or able to write the content commissioned by the Customer, or the customer solicits illegal or unethical content, or content that goes against Variantista’s core values, Variantista has the right to withdraw from the project without penalty.

  1. REGISTRATION – MEMBERSHIP

3.1 After purchase, Customers must create an account with Variantista. The Customer will receive a link to a sign up form provided by Variantista. This form must be completed for this purpose. The Customer confirms that all of the details provided at sign up are correct, complete and truthful. The Customer undertakes to keep their details up to date. Customers are provided with an individual Customer ID for this purpose.

3.2 When sign up is complete, the Customer must verify the e-mail address provided. Following verification, the Customer will be provided with access to their account as well as their onboarding documents. Onboarding documents must be completed within 1-3 business days in order to ensure the timely delivery of the first deliverables. If the Customer does not return the onboarding materials in a timely manner, a member of the Variantista team will reach out prompting for their completion. After this initial reach out, Variantista is not responsible for reaching out again and is not liable for any delays in project creation or completion due to Customer negligence. As such, any subscriptions or invoice payments will be completed on their agreed-upon dates, regardless of project delivery or delay. If these payments are not received, Variantista is not liable for any refunds and retains the right take legal action to obtain funds owed. See the payments and cancellations section for more information.

3.3 The Customer may view and edit the access details and other user information that is provided in the course of sign up (address, contact information, etc.) at any time in their Customer account.

3.4 Customer accounts are not transferable.

3.5 Each Customer is responsible for maintaining the secrecy of the Customer information (login, password, Customer ID). Should the Customer information fall into the hands of unauthorized third parties, Variantista must be notified immediately. In the event of any disclosure to unauthorized third parties, Variantista is entitled to take all steps that it considers necessary to protect the service, its Customers and/or the Employees including by, without limitation, blocking access to the account in question.

3.6 The Customer acknowledges that projects cannot be started until the mandatory onboarding materials have been filled out and any clarifying questions have been answered so the editors and writers have all the information they need to begin the project. Any deliveries, timelines, or customer imposed deadlines that are not met due to Customer’s negligence (i.e. not communicating in a timely manner) is the sole responsibility of the Customer. Variantista is not liable for any damages, is not obligated to rush the order, or provide refunds due to Customer negligence. If the Customer communicates with their Writer/Editor team that they would like a rush order, the appropriate “rush order” fees will be due upon the team’s agreement to rush the order. If the order cannot be rushed in the timeline the Customer requests, the Customer will be notified that the project will continue on the original timeline, and no refunds will be issued.

3.7 Variantista’s liability on fraudulent or inaccurate orders completed by Employees and approved by Customers is limited to the base level of pay for the word count at the level of job released, removing all complexity and other price modifiers. Variantista does not assume any responsibility for the accuracy or reliability of any information provided by Employees or Customers on this Site. Variantista does not assume and expressly disclaims any liability that may result from the use of this information. Variantista is not responsible for the conduct, whether online or offline, of any Registered User (Customers and Employees). All Registered Users do hereby expressly agree not to hold Variantista (or Variantista’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site, and Variantista expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

  1. ELIGIBILITY.

By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18). Any misstatements and/or misrepresentations regarding the age and/or experience of any Employee or Outsourced Worker or any other users of this Site are not the responsibility of Variantista. Variantista does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Employees and/or other users of this Site and Service. Users, customers, and employees do hereby represent, understand and agree to hold Variantista harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.

  1. THIRD-PARTY FEES.

Customers are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third-party service.

  1. PROJECT AGREEMENT

6.1 Variantista and Employees are under no obligation to provide any materials to the Customer before payment has been processed (both at the beginning of the period or in the middle). The project officially begins when the Customer has:

  1. Reviewed and signed their invoice
  2. Paid (or paid their first installment) for the project (and the payment has processed on Variantista’s end)
  3. Registered for their personalized portal
  4. Completed their onboarding documents

Work will begin once these 4 steps have been completed. Variantista is not liable for any timeline or delivery changes or Customer losses due to the Customer’s negligence in following through with these steps.

By signing the invoice, the Customer agrees to the entire terms and scope of the project, including:

  • Committing to the completion of all content ordered (as covered in the invoice)
  • Committing to the payment plan outlined by the invoice
  • Committing to Variantista’s Terms of Service, Terms of Sale, and Privacy Policy.

6.1.1 Variantista agrees to deliver content at intervals of 2000 words per 12-business days, or according to the agreed upon word-count/deliverable arrangement between Variantista and the Customer based on the project size and delivery timeline. Variantista reserves the right to, at any time, adjust the word-count/deliverable delivery pace, not dropping below 2000 words per 12-business days. If project delivery times change, Variantista will alert the Customer 5-business days before the change is put into place.

6.1.2 Variatista agrees to deliver the first portions of content strategies, website audits, and market research reports within 14-business days of the Customer’s completed onboarding. This delivery time may be delayed if the Customer is slow to deliver clarifying answers to Variantista through the Customer’s personalized Variantista messaging system. Variantista is not liable for any timeline or delivery changes or Customer losses due to the Customer’s negligence in following through with timely communication.

6.1.3 Variantista will provide deliverables through the secure personalized Customer portal in the formats of Documents, PDFs, JPEGs, PNGs, Video Files, or any other appropriate medium necessary for a quality deliverable. Variantista will not provide deliverables through an external platform.

6.1.4 The Customer has 10-Business days to approve deliverables received by the Variantista team or request the piece go under review. After 10-business days have passed, no revisions or refunds will be offered. Rather, the Customer will need to complete a Writing Request form with:

– The original piece of content in Word Document form

– A detailed outline of the changes they would like made to the piece

– Receipt of additional payment for the individual piece

6.1.5 If the Customer is not satisfied with the quality of a deliverable, the Customer has 10-business days to raise this concern with their Variantista team and Variantista’s administration. The Customer may request that the piece(s) be subjected to internal review, where the Variantista editing team will judge if the pieces are something the Variantista team would be proud to publish themselves, pass plagiarism and AI originality tests with less than 25% of the piece being identical to other copy/reading as AI material, follow SEO best practices, and are grammatically and factually sound. The internal review process can take up to 30-business days. If the piece(s) fail to meet Variantista’s internal standards, the appropriate revisions will be applied, and the piece returned to the customer within 12-business days of the final internal review consensus. If there are multiple pieces (10+) in question, the internal review process can take up to 30-days per 10 pieces, with a return rate of 2000 words per 12-business days after the initial 30-day review period has been completed. If the piece(s) pass the internal review process, the piece(s) will be returned to the Customer as-is, and no refunds will be issued.

6.1.6 If an Employee or Variantista delivers a deliverable early or provides a rush order without applying a rush order fee (as an act of good faith to the Customer), the Customer agrees to pay for this deliverable(s) at their next invoice. If Variantista or the Customer terminate the project before the subsequent invoice is received, the Customer is liable to pay for the early reception of the deliverable before the project agreement is closed. If this payment is not received within 10-business days of the request to close the project, the project will continue, and the Customer will be liable to continue payments as planned.

6.2 Variantista’s 90-Day Commitment is only available for those who have employed Variantista’s complete Masterpiece Jumpstart plan. I.e.:

  1. A content plan was ordered for 30+ blog posts/podcasts/videos
  2. Variantista’s team was employed to conduct all writing and editing
  3. Variantista was responsible for providing at least 1 social media post per blog post/podcast/video published
  4. The Customer set up their Google Analytics BEFORE the delivery and posting of the content
  5. Internal linking best practices were applied by the Customer or the Customer’s in-house team
  6. The deliverables (blog posts, podcasts, or videos) were posted according to the content calendar and 90-days has passed since Google started indexing the site

If the above criterion have been met, and a piece of content provided by Variantista is not performing objectively well, the Customer may request an audit, SEO research, and rewrite of the piece, free of charge. However, if during the audit, Variantista Employees discover that the piece:

  1. Does not meet the above criterion
  2. Is performing well on the front-end of things (Content SEO, readability, CTA-wise, etc.), and the problem is a result of Customer negligence (i.e. backend SEO problems, lacking Google analytics, lack of piece promotion, etc.)

the Customer will be liable to pay for the audit as well as any SEO research or rewrites that have been conducted.

Pieces are meant to perform in conjunction with one another. Based on the purpose of the piece, and how it is positioned in the pillar, one post may not perform as well as some of the others. The 90-day guarantee, and rewrites there-in, is only subject to pieces that are objectively underperforming (50% functionality or under). Variantista aims to provide Customers with prime SERP real estate, however, this is not guaranteed nor is the piece’s ranking position protected under the 90-Day Guarantee.

The Customer has 120-days from the delivery of their content to redeem the 90-day Guarantee.

6.3 In the case that the Customer orders/requests a website/web page audit, the Customer is obligated to share their Google analytics log-in information, and any other back-end SEO log-in information (such as, but not limited to, WordPress, webpage, etc), with Variantista’s team to ensure the quality of the information delivered in the audit report.

6.4 Refunds are issued only under the following circumstances:

  • Variantista is unable to provide an Employee who can adequately complete the scope of a piece or project.
  • If a Customer’s piece or project is giving out detailed, non-common sense medical, legal, or financial advice.
  • The scope of Variantista’s abilities were misrepresented by a Sales Representative and an adequate alternative service solution cannot be reached.

Before a refund is issued, however, the project or piece will be subjected to internal review (a period of 30-days), and an alternative of equivalent project or piece will be proposed. If the alternative is approved by the Customer, the amended project will continue as planned. If the customer does not approve the alternative, the refund will be processed and delivered by 30-days after the Customer denies the proposed changes. If the customer does not respond to the alternative within 10-business days, Variantista will assume the project has been accepted and production will begin. All formerly agreed-upon payments will be due at their scheduled intervals for the completion of the project.

If, the Customer is not up-front with their Variantista team, a Variantista Sales Representative, Variantista Admin, or any other Employee of Variantista, regarding:

  • The scope of their project
  • Their timeline needs
  • Their delivery needs
  • Their niche
  • The purpose of their content
  • If the content is used/repurposed to break any laws, discriminate against a person, company or group, or promote hate-speech, hate-crimes, or offer incorrect/harmful advice

Variantista is not held legally or contractually liable and will not issue any refunds or reparations for the Customer’s own choices, words, actions, misrepresentations, or use/repurposing of the content.

All refunds will be submitted and processed up to 30-business days after the request has been processed and all internal reviews have been completed.

6.5 Variantista reserves the right to, at any time, change the Employees or Outside Contractors assigned to a Customer’s account for any reason.

6.6 As part of Variantista’s internal production process, some of Employees use AI content development tools for the explicit purpose of:

  • Market and industry research
  • SEO optimization
  • Structural brainstorming and analysis
  • Relevancy research
  • Keyword integration
  • Unique angle generation
  • Grammar checks
  • Plagiarism checks
  • Digital element deliverables
  • Brainstorming and ideation
  • etc.

Variantista believes that AI cannot replace a skilled writer, but rather is an innovative (and necessary) tool used to help position content in the best possible way to achieve high SERP rankings. All Employees are instructed to rework any AI generated content produced to adhere to Variantista’s strict policy of delivering quality, human-generated work. As such, Customer content will be produced by a human and may be assisted by AI tools, and any other innovative market-related tools, according to the Customer’s writer/editor team’s professional discretion.

AI originality testers are not perfect representations of whether or not a piece has been generated by AI. Furthermore, the use of keyword integration tools, market analysis and research tools, grammar checkers, and other such tools which are necessary to provide properly optimized content, impact originality and AI detection test scores.

In addition to plagiarism, and grammar quality checks, Employees run content through AI originality testers before delivery. If the Customer conducts private originality tests, but the results differ from the results Variantista has on file OR the Customer has required specific keyword integration and market research to be applied to the written pieces, no refund or rewrites will be issued.

6.7 Content created by Variantista Employees and Outside Contractors are considered works “made for hire.” According to the Copyright Law of the United States, and certain other copyright jurisdictions, if a work is “made for hire”, the Customer, not the Employee or Outsourced Worker, is considered the legal author.  The Employee or Outsourced Worker may or may not be publicly credited for their work. The Customer shall maintain worldwide, perpetual, irrevocable, and transferable license for any content that you order and approve, unless otherwise requested by the Customer. For such content, the Employee or Outsourced Worker grants and licenses to the Customer the sole and exclusive right to publish, perform, display, reproduce, distribute, create derivative works and sell the delivered and approved content in any type of media, including but not limited to, print and/or online media and all electronic, online, or any other media throughout the world. Variantista does not retain the rights of any exclusive content, nor do we resell/repost it to anyone else.

6.8 While we cover a range of different subjects, industries, and products, we do not write content about everything. We do not write content orders that (i) violate a third party’s rights, including without limitation, Proprietary Rights or privacy rights; (ii) are pornographic, obscene, indecent, slanderous, libelous, defamatory, fraudulent, untrue, inaccurate, misleading, hateful or unlawfully threatening, abusive, harassing, violent, sexually explicit, nude, or in any way degrading to human nature or harmful or indecent to minors; (iii) violate any laws statutes, codes, rules, ordinances or regulations of any jurisdiction or promote illegal activities; (iv) discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) are homework such as academic materials, papers, journals, or articles.

6.9 Variantista does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or product represented on this site

The articles sold on our site do not dispense medical, legal or professional advice, nor do they prescribe any treatment or strategy that should be tested without the advice of a professional. Information sold on this site is for educational or entertainment purposes only. You are responsible for your own actions should you use any information purchased from this site.

6.10 Revision Policy

Variantista offer up to 2 revisions per piece under the circumstances of there being multiple spelling/grammar errors, or the article content is completely off-base from the Customer’s initial (unrevised) instructions. We are, however, not responsible for poor instructions or unrealistic expectations. In the event that this happens, you will be asked to submit another writing request with better instructions. If the revised instructions come after an article has been completed, Variantista is not responsible to amend an article we would be proud to post on our own websites and passes our in-house review process. In this case, if the Customer would like the article to be adjusted to new directions, they will need to submit a new writing request with all of the information simply and explicitly laid out, submit payment for the new piece, and will be subject to the 12-business day turn-around schedule unless they specify and pay for rush delivery service. To be safe, always offer enough guidance in your article feedback and self-made orders to give your team a good idea of what you are looking for.

  1. TERMS OF SALE & PAYMENT POLICY

7.1 The term “service product” refers to the content services listed for sale from Variantista, including content service subscriptions.

7.2 You can review the various service products on variantista.com. Variantista reserves the right to modify the content, parameters, type and availability of any of Variatnista service products and pricing at any time.

For details regarding your service product purchases, including payment methods, contact your dedicated editor/strategist via the Customer portal or Variantista’s admin center at [email protected].

7.3 Variantista will process your payment at the time of purchase. We accept major credit cards, debit cards, ACH transfer, Paypal, Stripe, Alipay, Google Pay, and Apple Pay. We use Stripe as our merchant vendor to process all payments made through Variantista.com.  We reserve the right to reject any order or purchase at any time.

If a Customer’s initial payment authorization is later revoked, the Customer’s purchase of service products will immediately be terminated.

All charges for service products that have been completed are nonrefundable (this also applies to service products that have been ordered and completed but have not yet been delivered).

7.4 When the Customer purchase our service products, the price will be made clear during the sales process or by your invoice.  The Customer agrees to pay the price that is stated at the time of the order, as well as any applicable taxes or fees.

Discount eligibility may be determined by volume ordered and is made known at the time of order. Discounts cannot be applied retroactively.

Variantista reserves the right to change prices and fees at any time.  If a price stated is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the service products at that price.  We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

7.5 If your payment method is invalid, the service product will automatically be terminated.  You will remain responsible for all charges.  You will also be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorney’s fees, collection agency fees and any other associated costs.

7.6 We may provide promotions on the service products we offer.  The specific terms of each promotion will be stated at the time the promotion is offered.  We will not notify you in advance that a promotion is about to end.

7.7 Payment plans are offered when a Customer expresses that they wish to not pay the entire balance up-front and rather make regular installments into their project. The Customer agrees and understands that by entering a payment plan by either completing the first payment form or signing the invoice, that they have agreed to the payment of the entire project unless Variantista agrees to cancel the project. The Customer agrees and understands that they will pay the full balance of their invoice

7.8 You understand and agree that Subscription Services may renew on a periodic basis (i.e. monthly, bi-annually, annually, etc.), and Variantista may charge you for each such renewal without notice unless you terminate your Subscription.

You may request a refund within the first 7 days of a purchase of any new subscription plan. Beyond the previously stated window for refunds, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan

You may cancel your subscription at any time by contacting your editor/strategist or the administration at [email protected]. Upon cancellation, you will continue to have access to your account on the Variantista Customer Portal for up to 6 months.

8. TERMS OF PROJECT AGREEMENT CANCELLATION

8.1 Variantista may cancel this contract or a project agreement for the following reasons:

8.1.1 The Customer’s failure to comply with material statutory regulations and with material provisions of these Terms & Service,

8.1.2 The Customer is a member of or promotes associations or communities – or their methods or activities – that are under surveillance by the police, security services or child protection services,

8.1.3 The Customer causes damage to one or more persons through the Variantista website, social media, online reviews (e.g. libel, slander, defamation, breaches of copyright or trademarks, etc.).

8.1.4 If Variantista cancels the project, the Customer is liable to pay for any completed deliverables that have not yet been paid for.

8.2 In the event that there is an unforeseen event resulting in Variantista’s continued provision of the services becoming, in Variantista’s sole discretion, impossible or commercially infeasible, Variantista has the right both to cancel the agreement without notice and to block the Customer from further use of the Variantista website.

8.3 All other statutory and contractual rights remain unaffected.

8.4 Notification of termination may be made to the other party via the Variantista website or in written form (e.g. letter, fax or e-mail).

8.5 Terminations by the Customer must include the Customer ID allocated to the Customer on registration and the e-mail address registered with Variantista, and must fall under the statutes of article 9 TERMS OF PROJECT TERMINATION. If the Customer attempts to cancel the project without adhering to these terms, the project will continue and all ordered deliverables will be delivered to the Customer as outlined on the project timeline. The Customer, in turn, will be liable for all payments of these deliverables.

8.6 On termination, Variantista shall immediately delete the access data and all of the other personal details held in connection with the Customer. The Customer may not request data backups or any lost deliverables.

8.7 The Customer may terminate their project agreement under the following circumstances:

– The content delivered is consistently and clearly plagiarized (over 50% identical content), grammatically inconsistent, or 95% AI generated, even after 2 revisions and internal review

– The content delivered is unrelated to the scope of the project, even after 2 revisions and internal review

If the Customer wishes to cancel a project based on these stipulations, they must:

  • Reach out 10-business days before they wish to terminate services to both their editor and the Variantista administration team with a thorough report of why they wish to cancel, how services are not being met, the steps they’ve taken to resolve the issue, and a list of deliverables in question and their specific feedback that was given and not resolved for each individual deliverable.

Upon receipt of the project cancelation communication, Variantista will cease all productions and review whether or not the request to cancel is reasonable.

If the request is reasonable, the Customer agrees to pay any outstanding invoices for useable deliverables they’ve received during the current payment period. Then, once this payment has processed, a refund will be issued for the unsatisfactory deliverables and any previously paid for deliverables that will no longer be produced.

If the request is unreasonable, i.e. the customer was:

  • Rude, unruly, threatening, or malicious towards Variantista or any Employees or Outsourced Workers
  • Unclear or unfair in their expectations over the phone or through messaging
  • Uncompliant with Variantista’s Terms of Service or internal policies
  • Contradictory in their instructions
  • Elected to ignore professional advice and then is angry at the outcome of their instructions being followed

Variantista reserves the right to issue the deliverables and require payment for their delivery and use. Once payment for the deliverables is processed, if the Customer still wishes to terminate the project, Variantista will close the Customer account and no further payments will be collected under this project agreement.

9. ENTICEMENT OF EMPLOYEES

9.1 The enticement of Employees by the Customer and any associated attempt to establish a business relationship outside Variantista is prohibited for a period of 36 months from when a particular Employee and a Customer are put in contact pursuant to Variantista’s provision of the services. Variantista has the right to exclude the Customer from the Variantista service in the event that the Customer is in breach of this clause 10. All other rights are reserved, in particular the pursuit of compensation claims against the Customer, including claims for loss of profit.

10. COMMUNICATION THROUGH THE VARIANTISTA MESSAGING SYSTEM

10.1 A messaging system (‘Messages’) is available to Customers and Employees, which enables mutual exchange of messages. All messages are visible to Variantista and the administration team at Variantista are able to partake in every Conversation. This system cannot be used to share contact details, links to external sources that may give away important contact information (Portfolios, Freelancing Platforms (Upwork, Fivver, Guru, Freelancer, etc), Dropbox, Google Drive, Youtube, etc.) or to discuss the completion of projects outside of the Variantista platform. If the Conversations system is used for this purpose it may result in the Customer account being deleted and the Employee being terminated.

11. LIABILITY

11.1 This section 11 sets out the entire liability of Variantista (including any liability for the acts or omissions of its sub-contractors and Employees) in respect of any breach of these Terms of Service and any representation, statement or tortious act or omission including negligence arising under or in connection with the services and/or these Terms of Service.

11.2 These Terms of Service do not exclude or limit Variantista’s liability (if any) to the Customer for: (i) personal injury or death resulting from Variantista’s negligence; (ii) fraud; and/or (v) any matter which it would be illegal for Variantista to exclude or to attempt to exclude liability.

11.3 Variantista is only liable to the Customer for losses that it actually suffers as a direct result of Variantista’s breach of these Terms of Service. Variantista is not responsible or liable for any business losses (whether direct or indirect) or any indirect or consequential losses that the Customer may incur, including but not limited to lost data, lost profits, lost revenue or business interruption.

11.4 Variantista cannot guarantee the continuous availability of Variantista or of the services that can be accessed via Variantista’s websites or subsites.

11.5 To clarify, Variantista cannot accept liability for delays or defects in completion of a project that result from unclear, inaccurate or incomplete Customer specifications, order information or order placement on the part of the Customer, or that result from errors in data entry on the part of the Customer.

11.6 Subject to clause 13.2, in no circumstances shall Variantista’s liability to the Customer arising out of or pursuant to these Terms of Service or Variantista’s provision of the services to the Customer exceed the amount of fees paid by the Customer to Variantista for the provision of the services pursuant to these Terms of Service in the 12 months immediately prior to the event giving rise to the liability in question.

12. DATA BACK-UP

12.1 Variantista backs up the data stored in each Customer account at regular intervals. Should a loss of data nevertheless occur, Variantista shall exert itself to recover the lost data or to restore the position before the data loss. There is, however, no obligation to do so.

12.2  Variantista will retain the Customer’s company information for up to 5 years after the Customer’s final project has been completed with Variantista. These materials and information include, but are not limited to:

  • Deliverables
  • Market data
  • Company name, contact, demographic, and payment information
  • Onboarding materials
  • Writing requests
  • etc.

12.3 After a Customer has received their completed project, they will retain access to their personal Variantista dashboard for up to 6 months. During this period, if the Customer wishes to engage Variantista’s services, no onboarding fee will be applied, and the 6-month period will be reset upon the final delivery of the new project. If 6 months passes and no subscription or new order is made, Variantista will close the account. If after this 6-month period, the Customer wishes to retain Variantista’s services, the Customer will need to complete the onboarding process again and pay any applicable fees. No prior materials will be used to complete future projects. I.e. if a Customer purchases a content strategy and then does not order a writing service for over 6 months, the previous content strategy will not be used by Variantista Employees in order to retain the integrity of the quality of our service. Rather, a new content strategy will need to be purchased from Variantista or another content plan provided by the Customer.

13. CONFIDENTIALITY

13.1 All of the information made available by Variantista shall be kept secret from third parties as long as and insofar as it cannot be demonstrated that it is public knowledge. Such information may not be reproduced or used without the prior written consent of Variantista. At the request of Variantista, all of the information provided by Variantista (including copies and recordings) shall be returned or destroyed immediately. In particular, all information provided in the course of commissioning shall be kept secret, including – but not restricted to – any writer data.

13.2 Variantista reserves all rights to such information. Insofar as Variantista has received such information from third parties, this reservation shall also apply in respect of those third parties.

13.3 The Customer agrees not to distribute or publish any deliverables received by Variantista not meant to be published. The following are all considered Variantista’s intellectual property and are regarded as trade secrets. These include, but are not limited to:

  • Content Strategies
  • Content Calendars
  • Audit Reports
  • Market Research Reports
  • Extraneous or unused SEO research, content research, outlines, or titles
  • Internal Variantista analytics, data, or messages
  • Advice received by the Customer from an Employee or Variantista representative

For example, if the Customer purchases a content strategy composed by Variantista’s Employees, the Customer may use this plan or strategy to inform their future writing endevors, but they MAY NOT distribute the documentation or any reports generated to service providers (freelancers, content agencies, content farms/mills, etc.) whatsoever. The information inside (content calendars, SEO research, keywords, internal linking suggestions, titles, mind maps, content suggesions, and all other materials received under the content strategy) must be repurposed into a generic project brief that is not recognizable as Variantista’s original document. If this illicit distribution occurs, Variantista reserves the right to pursue legal action and compensation for damages incurred and projected damages to the company’s reputation, client base, confidentiality, employees, etc.

The Customer is allowed to publish materials they have purchased from Variantista and exclusively own the rights to that are designed to be published/distributed. These include:

  • Blog content
  • Social media content
  • Transcripts
  • Scripts
  • Resumes/LinkedIn Profiles and Cover letters
  • Podcasts
  • Whitepapers
  • Original videos and images
  • Web design
  • Design elements
  • Product descriptions
  • Web pages
  • Opt-in Materials
  • Newsletters
  • Email materials
14. CONCLUDING PROVISIONS

14.1 The place of performance for all obligations under this contract is the registered office of Variantista and TakeOneMoreStepLLC.

14.2 These Terms of Service and any issues, disputes or claims arising out of or in connection with them (whether contractual or non-contractual in nature such as claims in tort, from breach of statute or regulation or otherwise) shall be governed by, and construed in accordance with, the State of Deleware and the United States of America law.

14.3 The non-exclusive jurisdiction for all current or future disputes and/or claims arising out of or relating to these Terms of Service shall be the courts of the United States of America.

14.4 Should one or more provisions of these Terms of Service be or become invalid or unenforceable, the validity of the remainder of the contract and product agreement remains unaffected.

14.5 The invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and comes as close as possible to the economic intent of the invalid or unenforceable provision.

14.6 The same applies in the event of loopholes in the provisions.