Terms of Service

1. Introduction and Agreement

Welcome to Varity. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Varity Platform Inc. ("Varity," "we," "us," or "our") governing your access to and use of the Varity platform, including our website (varity.so), app deployment services, APIs, SDKs, and any related services (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using our Services or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

ARBITRATION NOTICE: These Terms contain an arbitration clause and class action waiver. Except for certain types of disputes described in Section 14, you agree that disputes between you and Varity will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from accessing the Services under applicable laws
• Not have been previously suspended or removed from the Services
• If using the Services on behalf of an organization, have authority to bind that organization to these Terms

By using our Services, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use our Services.

3. Description of Services

Varity provides an app deployment platform offering:

3.1 App Deployment Services

• Deploy and host apps, AI agents, and LLMs in production
• Auto-configuration of backend services (databases, storage, auth)
• Vercel migration tools and one-command deploy workflow
• Developer SDK, MCP server, and CLI tools

3.2 Infrastructure Services

• Compute: Distributed processing via cloud infrastructure providers
• Storage: File storage via cloud storage providers
• Payments: Infrastructure billing via Stripe

3.3 Developer Tools

• varitykit CLI and MCP server access
• Migration utilities for cloud-to-Varity transitions
• Documentation and developer resources

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you must register for an account. You may register using:

• Email address and password
• Social login (Google, Twitter, Discord)

4.2 Account Responsibilities

You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach

5. Pricing and Payment

5.1 Flat Monthly Pricing

Varity charges one flat monthly cost per app, based on the hardware you reserve. Your bill does not change with traffic, bandwidth, or invocations. No seat fees and no tiered pricing.

• Each app is priced by the hardware it reserves (CPU, RAM, storage, and optional GPU)
• The monthly cost is fixed regardless of how much traffic you serve, with no bandwidth overages or per-invocation charges
• Vercel, Render, and Railway scale their bills with traffic. Varity does not.
• Enterprise: Custom pricing available. Contact hello@varity.so for dedicated infrastructure and SLA options.

5.2 Payment Methods

We accept the following payment methods:

• Credit and debit cards (processed via Stripe)
• Bank transfers (Enterprise customers only)

5.3 Billing Terms

• Usage is billed at the end of each billing cycle based on actual consumption
• All fees are non-refundable except as expressly stated herein
• We may change pricing with 30 days' advance notice
• Failed payments may result in service suspension

5.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for any taxes, duties, or other governmental assessments associated with your use of the Services, except for taxes based on Varity's net income.

6. Data Ownership and Rights

6.1 Your Data

You retain full ownership of your data. Varity does not claim any ownership rights to your content, data, or materials uploaded to or processed through our Services ("Your Data").

6.2 License Grant

You grant Varity a limited, non-exclusive license to process Your Data solely to provide the Services. Due to our encryption architecture, this license is technically limited - we can only process encrypted data containers, not the underlying content.

6.3 Data Security

Your Data is stored securely using industry-standard security measures. Varity maintains appropriate technical and organizational safeguards to protect your data from unauthorized access, loss, or modification.

6.4 Data Portability

You may export Your Data at any time through our platform. We provide data export tools in standard formats to ensure you are never locked into our platform.

7. Acceptable Use Policy

You agree not to use the Services to:

7.1 Prohibited Activities

• Violate any applicable law, regulation, or third-party rights
• Distribute malware, viruses, or other harmful code
• Engage in unauthorized access to systems or data
• Conduct distributed denial-of-service (DDoS) attacks
• Run unauthorized mining operations on our infrastructure
• Store, process, or transmit illegal content
• Engage in fraud, money laundering, or terrorist financing
• Infringe intellectual property rights
• Harass, abuse, or threaten others
• Circumvent security measures or access controls

7.2 Resource Limits

Usage is metered and billed as consumed. You agree to use resources responsibly. Excessive usage beyond reasonable patterns may result in throttling or additional charges.

7.3 Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and we may report violations to appropriate authorities.

8. Intellectual Property

8.1 Varity's Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, documentation, and underlying technology, are owned by Varity or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

8.2 Trademarks

"Varity," our logo, and other marks are trademarks of Varity Platform Inc. You may not use our trademarks without prior written consent, except for reasonable descriptive references.

8.3 Open Source

Certain components of our Services may be provided under open-source licenses. Such components are subject to the terms of their respective licenses, which take precedence over these Terms for those specific components.

8.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant Varity a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.

9. Third-Party Services and Integrations

Our Services integrate with various third-party services:

• Infrastructure providers: Compute, storage, and network services
• Stripe: Payment processing
• GitHub: Source code hosting and deployment integration
• Other integrations: As configured in your deployment

Your use of these third-party services is subject to their respective terms and privacy policies. Varity is not responsible for the actions, content, or availability of third-party services.

10. Service Availability and Modifications

10.1 Uptime

We strive to maintain high availability for our Services. Enterprise customers may be eligible for Service Level Agreements (SLAs) with specific uptime guarantees. Standard plans are provided on an "as-is" basis without uptime guarantees.

10.2 Modifications

We may modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice for material changes that negatively affect your use of the Services.

10.3 Infrastructure Providers

Our Services rely on third-party infrastructure networks that operate independently from Varity. While we select reliable providers, we cannot guarantee the performance or availability of these underlying networks.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding security, reliability, timeliness, or performance
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or completeness of any AI-generated content
• Warranties that defects will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Varity shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Varity shall not be liable for any loss of profits, data, use, goodwill, or other intangible losses
• Varity's total liability for any claims arising from these Terms or the Services shall not exceed the greater of: (a) the amount you paid to Varity in the 12 months preceding the claim, or (b) $100

These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if Varity has been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Varity, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Data or content

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal dispute, you agree to attempt to resolve the dispute informally by contacting hello@varity.so. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in San Francisco, California, or remotely at your election.

14.3 Class Action Waiver

YOU AND VARITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.

15. Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting hello@varity.so or through your account settings. Upon termination, usage accrued through the termination date will be billed in the final cycle. No further charges will apply after termination.

16.2 Termination by Varity

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach these Terms or the Acceptable Use Policy
• Your payment is overdue by more than 30 days
• Required by law or government order
• We reasonably believe your actions may harm Varity, other users, or third parties

16.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• You may export Your Data within 30 days (if not terminated for cause)
• After 30 days, we will delete Your Data from our systems
• Sections 6-8, 11-15, and 18 survive termination

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Varity regarding the Services.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. Varity may assign these Terms without restriction.

17.5 Force Majeure

Varity shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or failures of third-party networks.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the new Terms on our website with a new "Effective Date"
• Sending an email notification for significant changes
• Displaying an in-app notification

Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services before the effective date.

19. Contact Information

If you have questions about these Terms, please contact us:

• Legal Inquiries: hello@varity.so
• General Support: hello@varity.so

Legal entity: Varity Platform Inc., a corporation incorporated in the State of Delaware, United States (Certificate of Incorporation filed with the Delaware Secretary of State). Registered notices may be sent to our registered agent: