Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the software, websites, APIs, and command-line tools provided by Varosity Inc., a Washington corporation (“Varosity,” “we,” “our”), at varosity.aiand related domains (the “Service”). By creating an account, placing an order, or otherwise using the Service, you agree to these Terms.

1. Who can use Varosity

You must be at least 18 years old and able to form a binding contract. If you're using the Service on behalf of a company or other organization, you represent that you have authority to bind it to these Terms, and “you” refers to both you personally and that organization.

2. Your account

You're responsible for maintaining the confidentiality of your login credentials, any API keys you create, and any API keys you bring-your-own (BYOK) from third-party providers. You're also responsible for all activity that happens under your account. Notify us promptly at jon.kludt@varosity.com if you suspect unauthorized access.

3. How Varosity works

Varosity is a unified interface to third-party AI-media generation providers (including but not limited to Google, Replicate, Runway, ElevenLabs, and others listed on the Service). You use Varosity in one of two modes:

• Bring-Your-Own-Key (BYOK). You supply your own API keys to third-party providers. Varosity stores those keys encrypted at rest and passes requests through to the provider on your behalf. The provider bills you directly for usage; Varosity does not mark up or resell provider usage in this mode.
• Varosity Credits.You purchase pre-paid credits from Varosity. We pay the provider out of those credits and retain a platform fee (currently approximately 5% over the provider's list rate, disclosed on the Credits page).

4. Third-party providers

When you generate media through Varosity, your inputs (prompts, reference images, audio) are transmitted to the third-party provider you select. Each provider has its own terms of service, acceptable use policies, and content restrictions, which apply directly to your use of that provider through Varosity. You are responsible for complying with each provider's terms. We don't control provider availability, pricing changes, or output quality.

5. Your content and outputs

You retain ownership of the prompts, reference materials, and other inputs you submit (“Inputs”) and of the generated media output (“Outputs”), subject to the underlying rights granted or retained by the third-party provider that produced the Output. Varosity claims no ownership in your Inputs or Outputs. You grant us a limited, worldwide, royalty-free license to host, store, transmit, and display your Inputs and Outputs solely as necessary to operate the Service for you.

6. Acceptable use

You agree not to use the Service to:

• Create content depicting real individuals without their consent, or that is designed to deceive viewers about identity, endorsement, or authorship;
• Generate sexual content involving minors, or any content prohibited by applicable law;
• Infringe the intellectual property, privacy, publicity, or other rights of any person;
• Circumvent any provider's content safety systems, rate limits, or terms, or to resell provider access;
• Reverse-engineer, scrape, or probe the Service for vulnerabilities except as permitted by law or our published security-research program;
• Transmit malware, spam, or automated abuse.

We may suspend or terminate accounts that violate these rules, and may remove content that violates them. Providers may independently refuse to process specific requests.

7. Payments and credits

Prices for Varosity Credits are shown on the Credits page. Payments are processed by Stripe; by purchasing, you also agree to Stripe's Services Agreement. Credits are denominated in U.S. dollars, do not expire for at least twelve (12) months from purchase, are non- transferable, and have no cash value except as required by law. We may change pricing prospectively; any change does not affect credits already purchased.

8. Refunds

Refund eligibility is described in our separate Refund & Cancellation Policy, which is incorporated into these Terms by reference.

9. Service availability

The Service is provided on an as-available basis. We don't guarantee specific uptime for any tier and don't guarantee that any particular third-party provider will remain available through the Service. Scheduled and emergency maintenance may interrupt the Service; we'll give notice when practical.

10. Intellectual property

The Varosity name, logo, website, and software are our intellectual property. Nothing in these Terms transfers any right in our IP to you, except the limited right to use the Service in accordance with these Terms.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THIRD-PARTY PROVIDER OUTPUTS ARE ACCURATE, LAWFUL, NON-INFRINGING, OR FIT FOR YOUR PURPOSE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VAROSITY AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID VAROSITY IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless Varosity from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your Inputs and Outputs, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party provider's terms through the Service.

14. Termination

You may stop using the Service and delete your account at any time from the Settings page. We may suspend or terminate your account immediately if we believe you've materially breached these Terms, if we're required by law, or to protect other users or the Service. Unused credits purchased through Stripe remain subject to the Refund Policy after termination.

15. Governing law and disputes

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Service will be resolved in the state or federal courts located in King County, Washington, and you consent to exclusive jurisdiction and venue there. Each party waives any right to a jury trial. You and Varosity agree that any claim must be brought in an individual capacity and not as part of a class action.

16. Changes to these Terms

We may revise these Terms from time to time. Material changes will be announced on the Service or via email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms:
Varosity Inc.
12682 Footman Ln, Poway, CA 92064
jon.kludt@varosity.com