Terms of Service

Section 1. Introduction and Acceptance of Terms

1.1   Identity of the Contracting Party

These Terms of Service (“Agreement” or “Terms”) constitute a legally binding contract between you (“User”, “you”, or “your”) and VARANUS LLC, a limited liability company organized and existing under the laws of the State of California (“VARANUS”, “we”, “us”, or “our”).

1.2   Services Covered

This Agreement governs your access to and use of all of the following (collectively, the “Services”):

• The VARANUS LLC website(s), including all subdomains and web-based portals (“Website”);
• All VARANUS LLC Internet of Things (“IoT”) hardware devices, firmware, embedded software, and related accessories (“Devices”);
• All VARANUS LLC mobile applications distributed on the Apple App Store and Google Play Store, including any updates, upgrades, and associated software development kits (“Mobile Apps”); and
• Any application programming interfaces (“APIs”), cloud services, data platforms, dashboards, or other digital services connected to or supporting any of the foregoing.

1.3   Acceptance and Agreement

By (1) visiting or using the Website, (2) activating, registering, or using a Device, (3) downloading, installing, or using a Mobile App, or (4) clicking “I Agree,” “Accept,” or any similar acknowledgment, you represent that you have read, understood, and agree to be bound by this Agreement and all policies incorporated herein by reference, including our Privacy Policy.

If you are entering into this Agreement on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, in which case “you” and “your” refer to that entity.

1.4   Minors and Age Restrictions

The Services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13 in violation of the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501–6506. Users between the ages of 13 and 17 may use the Services only with verifiable parental or legal guardian consent. By using the Services, you represent that you are at least 18 years of age, or that you are at least 13 years of age and have obtained required parental consent.

1.5   Modifications to the Agreement

VARANUS reserves the right to modify this Agreement at any time. We will provide notice of material changes by: (1) posting a revised Agreement on the Website with an updated “Last Revised” date; (2) sending an in-app notification and/or email to registered account holders; or (3) displaying a prominent notice upon your next login. Continued use of the Services after the effective date of any change constitutes your acceptance of the revised terms. If you do not agree to the changes, you must discontinue use of the Services.

Section 2. Definitions

As used in this Agreement, the following capitalized terms have the meanings set forth below:

“Account”

A registered user profile created to access certain features of the Services, protected by login credentials.

“Authorized User”

Any individual permitted by an Account holder to use the Services under that Account.

“California Consumer”

A natural person who is a California resident as defined under the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq.

“Content”

All text, images, data, audio, video, software, code, and other materials available through or submitted to the Services.

“Device Data”

Any data generated, collected, transmitted, or processed by or through a Device, including sensor readings, telemetry, usage logs, and diagnostic information.

“Firmware”

Embedded software pre-installed or updated on a Device that controls its core functionality.

“Intellectual Property”

All patents, copyrights, trademarks, trade secrets, moral rights, and other proprietary rights recognized under applicable law.

“IoT Device” or “Device”

Any VARANUS-branded or VARANUS-supplied hardware product designed to connect to the internet or a local network, including all integrated sensors, actuators, and embedded components.

“Mobile App”

Any VARANUS LLC application distributed through a third-party mobile application marketplace for use on smartphones or tablets.

“Personal Information”

Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to a particular consumer or household, as defined under applicable law.

“Services”

As defined in Section 1.2 above.

“Third-Party Services”

Platforms, APIs, products, or services provided by entities other than VARANUS that may interact with or be accessed through the Services.

“User Content”

Any Content submitted, uploaded, transmitted, or otherwise provided by a User through the Services.

Section 3. Account Registration and Security

3.1   Account Creation

Certain features of the Services require you to create an Account. You agree to: (1) provide accurate, current, and complete registration information; (2) maintain and promptly update such information; (3) keep your password confidential and not share it with any third party; and (4) notify VARANUS immediately at https://varanustech.com/contact/ of any unauthorized access to or use of your Account.

3.2   Account Responsibility

You are fully responsible for all activity that occurs under your Account, whether or not authorized by you. VARANUS shall not be liable for any losses resulting from unauthorized use of your Account that arise from your failure to safeguard your credentials. VARANUS reserves the right to disable or terminate any Account at any time for any reason, including violation of this Agreement.

3.3   One Account Per User

Unless expressly authorized by VARANUS in writing, each individual may maintain only one Account. Creating multiple Accounts to circumvent account suspension, limitations, or other restrictions is prohibited.

3.4   Business Accounts

If you register as a business or organization, you represent that: (1) you have authority to bind the business to this Agreement; (2) the email address and contact information provided is associated with the business entity; and (3) access by Authorized Users is subject to this Agreement as if each Authorized User had individually agreed to its terms; and (4) each Authorized User must maintain their own individual account credentials and log in using only those credentials — shared logins, shared passwords, or use of a single account by more than one individual are strictly prohibited.

Section 4. License Grants and Restrictions

4.1   Website License

Subject to your compliance with this Agreement, VARANUS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal or internal business purposes.

4.2   Mobile Application License

Subject to your compliance with this Agreement and the applicable marketplace terms (Apple App Store or Google Play Store), VARANUS grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Mobile App on devices you own or control, solely for your personal or internal business purposes. Apple Users: The license is further limited to use on Apple-branded products running iOS. Apple Inc. is not a party to this Agreement and is not responsible for the Mobile App or its content. Google Users: Use is subject to the Google Play Terms of Service.

4.3   Device and Firmware License

VARANUS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Firmware solely in object code form as embedded in or downloaded to your Device(s), for authorized use in connection with the Services. Your purchase of a Device conveys ownership of the physical hardware only; no Intellectual Property rights in the Firmware or Device software are transferred to you.

4.4   Restrictions

You shall not, and shall not permit any third party to:

• Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services in any form or by any means except as expressly permitted;
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, including the Firmware, except to the extent such restrictions are expressly prohibited by applicable law;
• Sell, sublicense, rent, lease, transfer, assign, or otherwise dispose of any rights granted under this Agreement;
• Remove or alter any proprietary notices, labels, or marks on the Services, Devices, or associated documentation;
• Use the Services for any unlawful purpose or in violation of applicable laws or regulations;
• Use automated scripts, bots, crawlers, scrapers, or data mining tools to access or collect data from the Services without express written consent;
• Interfere with or disrupt the integrity, security, or performance of the Services or any network connected thereto;
• Attempt to gain unauthorized access to any portion of the Services or any related systems;
• Use the Services to transmit unsolicited communications, malware, or harmful code; or
• Frame, mirror, or otherwise incorporate any portion of the Services into any third-party website or application without written authorization.

Section 5. IoT Hardware — Specific Terms

5.1   Device Activation and Registration

Devices must be activated and registered through the Mobile App or Website before use. You are responsible for ensuring that your Device is activated using accurate information. Unregistered Devices may not have access to all Service features and may not qualify for warranty coverage.

5.2   Firmware Updates

VARANUS may, from time to time, develop and deploy Firmware updates to correct errors, add features, improve security, or maintain compatibility with evolving connectivity standards. You acknowledge and agree that:

• VARANUS may deliver Firmware updates automatically (“over-the-air” or “OTA”) without prior notice;
• Failure to install critical security updates may impair Device functionality and may limit VARANUS’s warranty and support obligations;
• Certain updates may alter Device functionality, disable features, or change Device behavior; and
• You may not roll back to a prior Firmware version unless expressly permitted by VARANUS.

5.3   Device Data and Cloud Connectivity

Devices may transmit Device Data to VARANUS servers or third-party cloud infrastructure. You acknowledge that:

• Transmission of Device Data is necessary for core Service functionality;
• Device Data may be processed, stored, and used in accordance with our Privacy Policy;
• VARANUS does not guarantee uninterrupted cloud connectivity; and
• Local functionality may be limited during periods of connectivity interruption.

5.4   Electrical and Safety Compliance

Devices are designed and tested for use in the United States and comply with applicable Federal Communications Commission (“FCC”) rules under 47 C.F.R. Part 15, and, where applicable, Underwriters Laboratories (“UL”) or other relevant safety standards. You agree to:

• Use Devices only in accordance with the specifications and instructions provided by VARANUS;
• Not modify, alter, or tamper with any Device in a manner that may affect its safety or regulatory compliance;
• Ensure that installation and use of Devices complies with all applicable local building codes, electrical codes, and zoning regulations; and
• Contact VARANUS immediately if you observe any defect, malfunction, or safety hazard associated with a Device.

5.5   Environmental and Disposal Requirements

Certain Devices may contain electronic components subject to disposal restrictions under applicable federal or state law, including the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901 et seq. You are responsible for disposing of Devices in accordance with applicable electronic waste (“e-waste”) regulations, including California’s Electronic Waste Recycling Act (Cal. Pub. Res. Code §§ 42460 et seq.).

5.6   No Medical or Safety-Critical Use

The devices and services are not designed, tested, certified, or approved for use in any safety-critical, life-safety, or medical application, including but not limited to medical devices, emergency response systems, fire suppression, nuclear facilities, aircraft navigation, air traffic control, or any application where device failure could result in personal injury or death.

VARANUS expressly disclaims all liability for any use of the Devices or Services in such applications.

Section 6. Mobile Application — Specific Terms

6.1   Platform Marketplace Terms

Your use of the Mobile App is subject to the terms of service and usage rules of the applicable mobile platform marketplace (Apple App Store Terms of Service or Google Play Terms of Service). In the event of a conflict between this Agreement and such marketplace terms, the more restrictive term shall apply to your use of the Mobile App.

6.2   Device Permissions

The Mobile App may request access to certain features or data on your mobile device, including but not limited to: location services (GPS), Bluetooth, local area network (LAN/Wi-Fi), push notifications, camera, microphone, contacts, or local storage. You may grant or deny these permissions through your device operating system settings. Denial of certain permissions may limit the functionality of the Mobile App.

6.3   Push Notifications

By enabling push notifications, you consent to receive notifications from VARANUS regarding Device status, service alerts, account activity, and promotional communications. You may disable push notifications at any time through your device settings or in-app notification preferences. Disabling certain alert types may affect your awareness of Device status or security events.

6.4   Updates and Compatibility

VARANUS may release updates to the Mobile App from time to time. We recommend keeping the Mobile App updated to the most recent version to ensure full functionality, security patching, and compatibility with Devices. VARANUS does not guarantee that older versions of the Mobile App will remain compatible with the Services, Device Firmware, or the underlying device operating system.

6.5   In-App Purchases

Certain features of the Mobile App may be available through in-app purchases or subscription plans. All in-app purchases are processed through the applicable marketplace (Apple App Store or Google Play). VARANUS does not directly process payment for in-app purchases; refund requests for marketplace transactions are subject to the applicable marketplace’s refund policy. VARANUS subscription fees purchased directly through VARANUS are subject to the payment terms in Section 9.

6.6   Third-Party App Stores — Acknowledgment

You acknowledge and agree that: (1) this Agreement is between you and VARANUS LLC only, and not with Apple Inc. or Google LLC; (2) neither Apple Inc. nor Google LLC has any obligation to furnish any maintenance or support services with respect to the Mobile App; (3) in the event of a Mobile App failure to conform to applicable warranty, you may notify the applicable marketplace and receive a refund of any applicable purchase price; (4) Apple Inc. and Google LLC are not responsible for addressing any claims relating to the Mobile App or your possession or use thereof; and (5) Apple Inc. is a third-party beneficiary of this Agreement with respect to your use of the Mobile App on Apple devices, and upon your acceptance, Apple Inc. will have the right to enforce this Agreement against you as a third-party beneficiary.

Section 7. Intellectual Property Rights

7.1   VARANUS Intellectual Property

All right, title, and interest in and to the Services, including the Website, Mobile Apps, Firmware, Device software, all Content (excluding User Content), all underlying technology, trade names, trademarks, service marks, logos, trade dress, patents (pending or issued), copyrights, trade secrets, and all other Intellectual Property rights therein, are and shall remain the exclusive property of VARANUS LLC and its licensors. Nothing in this Agreement shall be construed to transfer any Intellectual Property rights to you.

7.2   Trademarks

“VARANUS,” “VARANUS LLC,” and all associated logos, product names, and service marks displayed in connection with the Services are trademarks or registered trademarks of VARANUS LLC. You may not use any VARANUS trademark without express prior written consent. Any goodwill arising from your authorized use of VARANUS trademarks inures exclusively to VARANUS.

7.3   User Content License

By submitting, uploading, or otherwise providing User Content through the Services, you grant VARANUS a worldwide, non-exclusive, royalty-free license to use and reproduce such User Content solely for the purposes of operating the Services, improving product functionality, training algorithms, and enhancing service performance. VARANUS will not sell, commercially exploit, or prepare derivative works of User Content for any purpose. User Content will be used only in connection with the delivery and improvement of the Services. You represent and warrant that you own or have the necessary rights to grant the foregoing license, and that the User Content does not infringe any third-party rights.

7.4   Feedback

If you provide VARANUS with any suggestions, ideas, enhancement requests, feedback, or recommendations (“Feedback”), you hereby assign to VARANUS all right, title, and interest in and to such Feedback, and VARANUS may use and incorporate such Feedback without restriction and without any obligation of confidentiality, attribution, or compensation to you.

7.5   DMCA Notice and Takedown

VARANUS respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. If you believe that Content on the Services infringes your copyright, please send a written notice to our designated DMCA agent containing the information required under 17 U.S.C. § 512 (C)(3):

• A physical or electronic signature of the copyright owner or authorized agent;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing with information sufficient to locate it;
• Your contact information (name, email address, and telephone number);
• A statement that you have a good faith belief that the use is not authorized; and
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

DMCA Agent: Copyright Compliance, VARANUS LLC, 5050 Traverse Creek Rd, Garden Valley, CA 95633, dmca@varanustech.com, ph: 5331-333-035. Counter-notifications are subject to the requirements of 17 U.S.C. § 512(g).

Section 8. Privacy and Data Practices

8.1   Privacy Policy

Your use of the Services is subject to VARANUS’s Privacy Policy, available at varanustech.com/privacy, which is incorporated into this Agreement by reference. The Privacy Policy describes how VARANUS collects, uses, stores, shares, and protects Personal Information, including Device Data generated by your IoT Devices.

8.2   California Privacy Rights (CCPA/CPRA)

California residents have specific rights under the California Consumer Privacy Act of 2018 (“CCPA”), Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act of 2020 (“CPRA”), including:

• The right to know what Personal Information VARANUS collects, uses, and retains;
• The right to delete Personal Information VARANUS holds about you, subject to certain exceptions;
• The right to correct inaccurate Personal Information;
• The right to limit the use and disclosure of Sensitive Personal Information; and
• The right to non-discrimination for exercising your privacy rights.

To exercise these rights or to learn more about our data practices, please refer to our Privacy Policy.

8.3   California Shine the Light Law

California Civil Code § 1798.83 (“Shine the Light”) permits California residents to request certain information about our disclosure of Personal Information to third parties for their direct marketing purposes. VARANUS does not disclose Personal Information to any third parties for direct marketing purposes and therefore has no such disclosures to report. For more information about how we handle your Personal Information, please refer to our Privacy Policy.

8.4   Data Security

VARANUS implements commercially reasonable technical and organizational measures designed to protect the Services and data transmitted through or stored by the Services against unauthorized access, alteration, disclosure, or destruction. However, no method of internet transmission or electronic storage is 100% secure, and VARANUS cannot guarantee absolute security. Additional information on data security can be found in our Privacy Policy.

8.5   IoT Data Collection Disclosure

You acknowledge that IoT Devices continuously collect and transmit Device Data, which may include usage patterns, environmental sensor data, device location (where enabled), and operational telemetry. This data collection is inherent to Device functionality and is described in detail in the Privacy Policy. You are responsible for informing any individuals present in environments where Devices are deployed about the nature and extent of data collection.

Section 9. Fees, Payment, Subscriptions, and Refunds

9.1   Pricing

VARANUS may offer certain Services, features, or content on a paid basis. All fees are stated in U.S. dollars and are exclusive of applicable taxes unless otherwise indicated. VARANUS reserves the right to change pricing at any time, with notice to existing subscribers provided at least thirty (30) days in advance of any price change.

9.2   Payment Authorization

By providing payment information, you authorize VARANUS and/or its payment processors to charge all applicable fees to your designated payment method. You represent that you are authorized to use the payment method provided. VARANUS uses third-party payment processors and does not store complete payment card data on its own servers.

9.3   Subscription Plans

If you purchase a subscription plan: (1) your subscription will automatically renew at the end of each billing period unless cancelled; (2) you authorize VARANUS to charge the applicable renewal fee to your payment method on file; and (3) you may cancel auto-renewal at any time before the renewal date by accessing your Account settings or contacting support.

9.4   Hardware Returns

IoT Devices may be returned for a refund of the purchase price within thirty (30) days of delivery, provided the Device is returned in original or like-new condition with all included accessories and original packaging. Devices that show physical damage, unauthorized modification, or excessive wear are not eligible for return. Return shipping costs are the responsibility of the customer. To initiate a return, contact us at https://varanustech.com/contact/ for a return merchandise authorization (RMA) number before shipping. Refunds will not be processed for returned Devices received without a valid RMA number.

9.5   Money-Back Guarantee

If you are not satisfied with a paid Service subscription, you may request a full refund within sixty (60) days of your initial purchase by contacting us at: https://varanustech.com/contact/. The money-back guarantee applies to first-time subscriptions only and does not apply to renewals, hardware purchases, shipping, or in-app purchases processed through a third-party marketplace.

9.6   Prorated Refunds for Cancellation

If you cancel a prepaid annual or multi-month subscription before the end of the paid term, VARANUS will issue a prorated refund for each full unused calendar month remaining in the term, less any discounts applied to the original purchase price attributable to the prepaid commitment. No prorated refund is available for monthly subscriptions cancelled mid-cycle; access continues through the end of the current billing period.

9.7   Non-Refundable Items

The following fees are non-refundable under all circumstances: (1) one-time setup fees or other professional services; (2) in-app purchases processed through the Apple App Store or Google Play Store (refund requests for such purchases are subject to the applicable marketplace's refund policy); and (3) subscription fees for any period during which your Account was suspended or terminated for violation of this Agreement.

9.8   Refund Process

Approved refunds will be credited to your original payment method within thirty (30) calendar days. VARANUS reserves the right to deny refund requests that appear fraudulent or abusive.

9.9   California Statutory Rights

Nothing in this Section limits any refund rights California consumers may have under California Civil Code § 1723 or other applicable law.

9.10   Taxes

You are responsible for all applicable taxes, duties, levies, or charges imposed by any governmental authority on transactions made in connection with the Services, excluding taxes on VARANUS's income. If VARANUS is required to collect taxes on your behalf, such taxes will be added to the applicable fee.

9.11   Late Payments and Collections

Amounts not paid when due may accrue interest at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, from the due date until paid. VARANUS reserves the right to suspend or terminate access to the Services for non-payment.

Section 10. Prohibited Conduct

In addition to the restrictions in Section 4.4, you agree not to:

• Use the Services in violation of any applicable federal, state, or local law, regulation, ordinance, rule, or order;
• Use the Services to harass, threaten, stalk, impersonate, or harm any person or entity;
• Upload, transmit, or distribute any User Content that: (1) infringes any third-party Intellectual Property right; (2) is defamatory, obscene, or unlawful; (3) contains viruses, malware, or harmful code; or (4) violates any individual’s privacy or publicity rights;
• Engage in any activity that disrupts, interferes with, or imposes an unreasonable load on the Services or related infrastructure;
• Circumvent any authentication, access control, or security measure;
• Collect, harvest, or store other users' Personal Information without authorization;
• Use the Services to facilitate any fraudulent, deceptive, or misleading conduct;
• Use the Services to send unsolicited commercial messages (spam) in violation of the CAN-SPAM Act, 15 U.S.C. §§ 7701 et seq., or California Business and Professions Code § 17529 et seq.;
• Misrepresent the source, origin, or content of any User Content; or
• Encourage or assist any third party in engaging in any prohibited conduct.

Section 11. Third-Party Services and Links

11.1   Third-Party Integrations

The Services may integrate with or enable access to Third-Party Services (e.g., smart home platforms, voice assistants, cloud storage providers). Your use of Third-Party Services is governed by the applicable third-party terms and privacy policies. VARANUS does not control, endorse, or assume liability for Third-Party Services, and your interactions with them are solely at your own risk.

11.2   Third-Party Links

The Website and Mobile App may contain links to third-party websites. Such links are provided for convenience only and do not imply VARANUS’s endorsement of any third-party website, its content, or its operator. VARANUS is not responsible for the content, security, or privacy practices of any third-party website.

11.3   App Store Platforms

VARANUS’s Mobile App is distributed through the Apple App Store and Google Play Store. Your use of those platforms is governed by the respective platform’s terms of service. VARANUS is not responsible for any content, conduct, or data practices of Apple Inc. or Google LLC.

Section 12. Warranties and Disclaimers

12.1   Our Commitment and Limitation

VARANUS is committed to providing high-quality, reliable Services and IoT devices. We stand behind our products and work continuously to ensure they perform as described. However, because the Services depend on factors outside our control — including internet connectivity, third-party platforms, network infrastructure, and device compatibility — we cannot make absolute guarantees about every aspect of performance.

To the extent permitted by applicable law, the Services are provided "as is" and "as available." While we strive to meet the highest standards, VARANUS disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the extent such warranties exceed what is expressly stated in this Agreement or our product documentation.

12.2   Service Availability

VARANUS works diligently to maintain continuous, secure, and accurate Services. Nonetheless, like all technology platforms, the Services may occasionally experience interruptions, errors, or delays due to maintenance, updates, or circumstances beyond our control. We do not warrant that the Services will be uninterrupted or error-free at all times, and we encourage users to incorporate the Services as part of a layered approach that includes redundant methods for any critical or time-sensitive application.

12.3   IoT Device Performance

VARANUS designs its IoT devices to operate reliably within supported environments. Device performance, data transmission, and connectivity may be affected by factors outside our control, including your network infrastructure, internet service provider, or third-party smart home platforms. We do not warrant uninterrupted device operation or compatibility with third-party systems or platforms not expressly certified by VARANUS.

12.4   Jurisdiction Limitations

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you to the extent prohibited by law.

Section 13. Limitation of Liability

13.3   Essential Basis

The parties acknowledge that the limitations of liability in this Section 13 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between VARANUS and you. VARANUS would not provide the Services absent these limitations.

13.4   California Exemptions

Nothing in this Section 13 shall limit VARANUS's liability for: (1) fraud or fraudulent misrepresentation; (2) death or personal injury caused by VARANUS's negligence; or (3) any liability that cannot be excluded or limited under applicable California law, including liability under California Civil Code § 1668.

Section 14. Indemnification

You agree to defend, indemnify, and hold harmless VARANUS LLC and its members, managers, officers, employees, agents, affiliates, licensors, and service providers (collectively, “VARANUS Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of this Agreement;
• Your use of the Services, including any data or content you transmit through the Services;
• Your User Content;
• Your violation of any applicable law, regulation, or third-party right;
• Any actual or alleged infringement of any Intellectual Property right or privacy right of any third party by you; or
• Any negligent or wrongful act or omission by you in connection with the Services.

VARANUS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with VARANUS’s defense. You may not settle any claim without VARANUS’s prior written consent.

Section 15. Dispute Resolution — Binding Arbitration and Class Action Waiver

15.1   Informal Resolution

Before initiating arbitration, you agree to contact VARANUS at legal@varanustech.com and attempt to resolve the dispute informally for at least thirty (30) days. The notice must describe the nature of your claim and the relief sought. VARANUS will attempt to resolve the matter through good-faith negotiation.

15.2   Binding Arbitration

If the parties are unable to resolve the dispute informally, all claims, disputes, or controversies arising out of or relating to this Agreement or the Services (“Disputes”) shall be resolved exclusively by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Streamlined Arbitration Rules & Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules & Procedures (for claims of $250,000 or more), except as modified herein. The arbitration shall be conducted in Costa Mesa, California or, at your election, by video conference or telephone. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3   Class Action Waiver

To the fullest extent permitted by law, all disputes shall be arbitrated on an individual basis only. You waive the right to participate in any class action, collective action, class arbitration, private attorney general action, or any other representative proceeding.

You may not consolidate your claims with those of any other person. The arbitrator may not award relief to any person not party to the arbitration proceeding.

15.4   Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect Intellectual Property rights or prevent imminent harm. You may also assert claims in small claims court if the claim qualifies and remains in such court.

15.5   Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@varanustech.com within thirty (30) days of first accepting this Agreement. Your notice must state your name, address, and a clear statement that you do not wish to be bound by arbitration. Opting out does not affect any other provision of this Agreement.

15.6   Governing Law

This Agreement and all Disputes shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of Section 15.

15.7   Venue (Non-Arbitrated Claims)

For any claim not subject to arbitration, including injunctive relief claims under Section 15.4, the parties consent to the exclusive personal jurisdiction and venue of the state courts of Orange County, California, or the United States District Court for the Central District of California.

Section 16. Term and Termination

16.1   Term

This Agreement commences on the date you first access or use the Services and continues until terminated by either party in accordance with this Section.

16.2   Termination by You

You may terminate this Agreement at any time by: (1) closing your Account; (2) ceasing all use of the Services; and (3) destroying or returning any Devices in accordance with VARANUS’s applicable return policy. Termination does not entitle you to any refund except as expressly provided herein or required by applicable law.

16.3   Termination by VARANUS

VARANUS may suspend or terminate your access to the Services, in whole or in part, with or without notice, for any reason, including but not limited to: (1) material breach of this Agreement; (2) fraudulent, abusive, or illegal conduct; (3) non-payment of fees; (4) requests by law enforcement or other governmental authorities; or (5) discontinuation of the Services.

16.4   Effect of Termination

Upon termination: (1) all licenses granted under this Agreement immediately cease; (2) you must cease all use of the Services; (3) accrued payment obligations survive; and (4) VARANUS may delete your Account and associated data in accordance with its data retention practices. Sections 7, 8, 12, 13, 14, 15, 16.4, and 17 shall survive termination.

Section 17. General Provisions

17.1   Entire Agreement

This Agreement, together with the Privacy Policy and any order forms, schedules, or addenda entered into by the parties, constitutes the entire agreement between you and VARANUS with respect to the Services and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings.

17.2   Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. If a court finds the class action waiver in Section 15.3 unenforceable, the arbitration provision shall be severed in its entirety.

17.3   Waiver

VARANUS’s failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

17.4   Assignment

You may not assign or transfer your rights or obligations under this Agreement without VARANUS’s prior written consent. VARANUS may assign this Agreement, in whole or in part, to any affiliate, successor entity, or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without restriction.

17.5   Force Majeure

VARANUS shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, power failures, or internet service disruptions.

17.6   Notices

VARANUS may provide notices to you by email to the address associated with your Account, by in-app notification, or by posting to the Website. Notices to VARANUS under this Agreement must be sent in writing to: VARANUS LLC, 5050 Traverse Creek Rd., Garden Valley, CA 95633, Attention: Legal Department, or by email to legal@varanustech.com.

17.7   Electronic Communications Consent

By using the Services, you consent to receive electronic communications from VARANUS, including emails, in-app messages, and push notifications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), 15 U.S.C. §§ 7001 et seq., and the Uniform Electronic Transactions Act as adopted in California (Cal. Civ. Code §§ 1633.1 et seq.).

17.8   Accessibility

VARANUS is committed to providing accessible Services in compliance with the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., and the Web Content Accessibility Guidelines (“WCAG”) to the extent commercially practicable. If you experience accessibility barriers, please contact us at https://varanustech.com/contact/.

17.9   Export Control

The Services may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (“EAR”), 15 C.F.R. Parts 730–774, and the International Traffic in Arms Regulations (“ITAR”). You agree not to export, re-export, or transfer, directly or indirectly, any part of the Services to any country, entity, or person prohibited by such laws.

17.10   U.S. Government Rights

If you are a U.S. government entity, the Services and associated documentation are “commercial items” as defined in 48 C.F.R. § 2.101, and any use by the U.S. government is subject to the restrictions set forth in 48 C.F.R. §§ 12.211–12.212 and 227.7202.

17.11   Consumer Protection — California

Nothing in this Agreement limits any rights you may have under California consumer protection laws, including the Consumers Legal Remedies Act (“CLRA”), Cal. Civ. Code §§ 1750 et seq., the Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq., or the False Advertising Law (“FAL”), Cal. Bus. & Prof. Code §§ 17500 et seq.

17.12   Song-Beverly Consumer Warranty Act

For purchases of Devices by California consumers for personal, family, or household use, VARANUS provides implied warranties required by the Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1790 et seq. Implied warranties cannot be disclaimed for such purchases. Our express warranty terms are set forth in the Device warranty documentation accompanying each Device.

17.13   Headings

Section headings in this Agreement are for convenience only and have no legal or contractual effect.

17.14   Language

This Agreement is written in English. To the extent any translated version conflicts with the English version, the English version controls.

Section 18. Contact Information

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

Company

VARANUS LLC

Mailing Address

5050 Traverse Creek Rd
Garden Valley, CA 95633

General Inquiries

https://varanustech.com/contact/

Legal

legal@varanustech.com

Privacy

privacy@varanustech.com

Support

https://varanustech.com/contact/

DMCA Agent

Copyright Compliance
VARANUS LLC
5050 Traverse Creek Rd
Garden Valley, CA 95633
Phone: 5331-333-035
Email: dmca@varanustech.com

Accessibility

https://varanustech.com/contact/