These Terms of Service ("Terms") are a binding agreement between you and vargai Inc.("varg.ai," "we," or "us"), a Delaware corporation at 300 Delaware Ave, Suite 210-700, Wilmington, DE 19801, United States. They govern your use of varg.ai, app.varg.ai, our APIs, SDK, and related services (the "Services").
By creating an account or using the Services you agree to these Terms, our Acceptable Use Policy and our Privacy Policy, each incorporated by reference. If you do not agree, do not use the Services. Section 12 requires individual arbitration and waives class actions.
1. Eligibility
You must be at least 18 years old. By using the Services you represent that you are at least 18, have capacity to enter these Terms, are not barred from receiving services under applicable law or sanctions, and — if acting for an organisation — are authorised to bind it. We may refuse, suspend, or terminate access in any jurisdiction at our discretion.
2. Accounts
- Provide accurate information and keep it current.
- You are responsible for all activity under your account and under any API key issued to it, including activity by automated agents you authorise. Keep credentials secret; one account per individual.
- Notify us at hello@varg.ai immediately on any unauthorised use.
- We may suspend or terminate an account at any time, with or without notice, including for suspected breach of these Terms or the Acceptable Use Policy. Credits are not refunded on termination for breach.
3. The Services
The Services generate images, video, speech, music and other media using third-party artificial intelligence models, and provide a chat interface, projects and workspaces, storage, sharing, an API and an SDK. We may modify, suspend or discontinue any part of the Services at any time. Open source components of the SDK are governed by their own licences, which prevail over these Terms for those components.
4. Your Content
4.1 Ownership
You retain ownership of what you upload or submit ("Inputs"). As between you and us, and to the extent such rights exist and we hold them, we assign to you the media generated from your Inputs ("Outputs"). Inputs and Outputs together are "Your Content".
4.2 Licence to us
You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, modify, transmit and display Your Content in order to operate, secure and improve the Services, to transmit Inputs to model providers to produce Outputs, to display Your Content to you and to anyone you share it with, and to maintain backups. This licence survives deletion for as long as reasonably required for backup, security and legal retention.
4.3 Public content and Community Templates
Setting content to "public", or submitting it as a Community Template, is a publication decision with lasting effect. When you do so you grant us and all users of the Services a worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to reproduce, publicly display, distribute, adapt and re-render that content and its underlying source code. You acknowledge that:
- public content is readable by anyone, including people without an account;
- your display name and avatar are shown alongside published templates;
- the underlying template source code is exposed and any user may render, copy and adapt it;
- we may edit, re-categorise, re-title, attribute, re-attribute or decline to publish any submission, and may remove it at any time;
- you may withdraw a template at any time, but withdrawal is not retroactive and does not reach copies or derivatives already made by others.
Do not publish anything you are not free to license on these terms.
4.4 Our intellectual property
The Services, including all software, models, interfaces, designs, trademarks and documentation (excluding Your Content), remain ours. No rights are granted except the limited right to use the Services under these Terms.
5. AI Outputs — what we do and do not promise
- Not exclusive. Outputs are not unique. Similar or identical Inputs may produce similar or identical Outputs for other users.
- Caching. To control cost we cache generation results for up to 30 days, keyed on the request rather than the account. An identical request may therefore return a previously generated Output, including one produced for another user. Do not treat any Output as confidential to you.
- No IP warranty. We make no representation that Outputs are original, protectable by copyright, or free of third-party rights. Under the law of several jurisdictions, material generated without sufficient human authorship may not be copyrightable at all.
- Upstream model terms. Outputs are produced by third-party models whose own terms, including restrictions on commercial use and on depicting real people, apply to you. You are responsible for identifying and complying with them.
- Accuracy. Outputs may be inaccurate, offensive, or unexpected, and are not professional, legal, medical or financial advice. You must review every Output before use.
- Your responsibility. You are solely responsible for your use of Outputs, including obtaining every consent, licence and release required — in particular for the likeness, voice or performance of any real person.
6. Acceptable use
Your use is governed by the Acceptable Use Policy, which forms part of these Terms. In addition, you may not: use Outputs to train or improve a competing model or service; reverse engineer the Services; access the Services by automated means other than our API and SDK; circumvent security, rate limiting, quotas or access controls; share credentials; or resell or sublicense the Services without our written consent.
We may review, restrict, remove or refuse content and may suspend or terminate accounts, by automated and manual means, to enforce these Terms. We are not obliged to monitor content and do not undertake to do so.
7. Credits, billing and taxes
7.1 Credits
The Services run on credits, consumed per generation at rates that vary by model and request. Credits are a prepaid entitlement to use the Services. They have no cash value, are not property, are not transferable between accounts, and are not redeemable for money.
7.2 Expiry — read this
- Subscription credits expire at the end of the billing period in which they were granted.
- Unused subscription credits roll over into a rollover balance that expires at the end of the following billing period. Rollover therefore lasts one period only.
- Each renewal replaces the rollover balance rather than adding to it. Any credits already sitting in rollover are forfeited at that point.
- Credits bought as one-off packs, where offered, do not expire while your account is open.
- On cancellation, expiry, suspension or termination, all unexpired credits are forfeited without refund except where applicable law requires otherwise.
7.3 Subscriptions and automatic renewal
- Subscriptions renew automatically at the end of each billing period at the then-current price, and your payment method is charged without further notice, until you cancel.
- Cancel at any time from Settings → Billing, which opens the Stripe customer portal. Cancellation takes effect at the end of the current period; access and credits continue until then. Cancelling a subscription is separate from deleting an account.
- Where a plan is sold per seat, charges are based on seats provisioned, not seats used.
- We may change prices. For subscriptions, changes take effect at your next renewal and we will give reasonable advance notice; continuing after that is acceptance.
7.4 Refunds
- Payments and credits are non-refundable except where applicable law requires otherwise.
- Credits are held when a generation starts and charged only when it completes. If an individual generation fails, or is rejected by a provider on content-policy grounds, the hold is released and you are not charged for it. Generations that completed successfully are charged even if a larger job containing them later fails.
- Where a failure is attributable to us, we may at our discretion issue goodwill credits. Contact hello@varg.ai. This is a discretionary remedy, not a guarantee.
7.5 Immediate performance and withdrawal rights
Credits and access are supplied immediately on payment. Where you are a consumer with a statutory right of withdrawal or cooling-off — including under EU and UK consumer law — by completing a purchase you expressly request immediate performance and acknowledge that you lose that right of withdrawal once the credits are made available to your account. Any unconsumed portion may still be refundable where law so requires.
7.6 Taxes
Prices are shown in U.S. dollars and are the total amount charged to you. Where we are required to account for VAT, GST, sales tax or a similar charge on your purchase, that amount is included in the price shown rather than added separately. If we begin collecting tax separately at checkout, it will be itemised before you pay and you will be asked for the billing details needed to calculate it.
If you are buying as a business, you remain responsible for your own tax obligations, including any reverse-charge or self-assessment reporting in your jurisdiction, and for the accuracy of any tax identification details you give us.
7.7 Non-payment and chargebacks
We may suspend the Services for failed or reversed payments. Initiating a chargeback instead of contacting us first is a breach of these Terms and may result in termination and forfeiture of credits.
8. Copyright and DMCA
To report copyright infringement, send our designated agent a notice under 17 U.S.C. § 512 containing: identification of the work; identification and location of the material; your name, address, telephone number and email; a statement of good-faith belief that the use is unauthorised; a statement, under penalty of perjury, that the notice is accurate and that you are authorised to act; and your signature.
Notices: hello@varg.ai, Attn: Copyright Agent, vargai Inc., 300 Delaware Ave, Suite 210-700, Wilmington, DE 19801, United States. Counter-notices may be sent to the same address. We terminate repeat infringers. Materially misrepresenting infringement carries liability for damages under § 512(f).
To report illegal content, non-consensual intimate imagery, or other abuse, see the Acceptable Use Policy.
9. Disclaimer of warranties
THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure or error-free, that Outputs will be accurate, lawful, original or fit for any purpose, that Outputs will not infringe third-party rights, or that defects will be corrected. Use of the Services and of any Output is at your sole risk.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VARG.AI NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, CONTENT OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE SERVICES, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limits apply even if a limited remedy fails of its essential purpose. Nothing here excludes liability for death or personal injury caused by negligence, fraud, or anything else that cannot lawfully be excluded; where a jurisdiction does not permit these exclusions, our liability is limited to the greatest extent it permits.
11. Indemnification
You will indemnify, defend and hold harmless varg.ai and its directors, officers, employees, agents and affiliates against all claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising from your use of the Services, Your Content, your Outputs and their publication or distribution, your breach of these Terms or the Acceptable Use Policy, your breach of any model provider's terms, and your violation of law or of any third party's intellectual property, privacy, publicity or personality rights. We may assume exclusive control of any matter subject to indemnification at your expense, and you will cooperate.
12. Dispute resolution
12.1 Informal resolution first
Before starting any proceeding, contact hello@varg.ai and allow 30 days to resolve the matter informally.
12.2 Binding individual arbitration
Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, not in court. There is no judge or jury and review of the award is limited. The seat is Delaware; at your election the hearing may be held by telephone, video or online. The award may be entered as a judgment in any court of competent jurisdiction. The arbitrator decides all issues except the enforceability of Section 12.3, which is for a court.
12.3 Class action waiver
YOU AND VARG.AI MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, COORDINATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is held unenforceable as to a claim, that claim proceeds in court and the rest of Section 12 continues to apply to all other claims.
12.4 Exceptions
Either party may bring claims in small claims court, seek injunctive or equitable relief for intellectual property infringement or unauthorised access, and pursue claims that law excludes from arbitration.
12.5 Opt-out
You may reject arbitration by emailing hello@varg.ai within 30 days of first creating your account, stating your name, account email and that you opt out. Opting out does not affect the rest of these Terms.
12.6 Consumers in the EEA, UK and Switzerland
If you are a consumer resident there, nothing in Section 12 or 13 deprives you of the mandatory protections of your local law or of the right to bring proceedings in the courts of your country of residence.
13. Governing law
These Terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. Where arbitration does not apply, the state and federal courts in Delaware have exclusive jurisdiction and you consent to their personal jurisdiction.
14. Termination
- By you: delete your account in settings. Cancel any subscription separately, first. See the Privacy Policy for what deletion does and does not remove.
- By us: we may suspend or terminate at any time, with or without cause or notice.
- Effect: access ends immediately and unexpired credits are forfeited without refund unless law requires otherwise. Sections 4.2, 4.3, 5, 7, 9, 10, 11, 12, 13 and 15 survive.
15. AI transparency
As required by the EU AI Act and comparable rules: media produced through the Services is generated or manipulated by artificial intelligence and should not be presented as authentic without disclosure; the chat interface is an AI system, not a human; the Services rely on third-party general-purpose models that may produce inaccurate or biased results; and where Outputs carry provenance metadata indicating AI generation, you must not remove or alter it.
16. General
These Terms with the Acceptable Use Policy and Privacy Policy are the entire agreement and supersede prior understandings. If a provision is unenforceable it is limited to the minimum extent necessary and the rest survives. No failure to enforce is a waiver, and waivers must be in writing. You may not assign these Terms without our consent; we may assign freely. No agency, partnership or employment is created. We are not liable for delay or failure caused by events beyond our reasonable control.
Changes. We may amend these Terms. We will update the date above and, for material changes, take reasonable steps to notify you in the Services or by email. Changes take effect when posted, or on the stated effective date. Continued use after that is acceptance; if you disagree, stop using the Services and delete your account.
17. Contact
vargai Inc.
300 Delaware Ave, Suite 210-700
Wilmington, DE 19801
United States
Email: hello@varg.ai