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Terms of Service

Effective Date: December 19, 2024

1. Acceptance of Terms

Welcome to VARDA. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and VARDA ("we," "our," or "us") governing your access to and use of the VARDA platform ("Service").

By accessing, browsing, or using VARDA, 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 the Service.

These Terms apply to all users of the Service, including without limitation, users who are browsers, businesses, merchants, and contributors of content.

2. Service Description

VARDA is an AI-powered review management platform designed to assist businesses in managing their Google Business Profile reviews. Our Service includes:

2.1 AI-Powered Review Analysis

VARDA uses artificial intelligence to analyze Google Business reviews and detect potential violations of Google's review policies, including but not limited to spam, fake content, harassment, off-topic reviews, conflict of interest, and other policy violations.

2.2 Removal Request Assistance

For reviews that our AI identifies as potentially violating Google's policies, VARDA generates professional legal arguments citing specific policy violations. We facilitate the submission of removal requests to Google on your behalf and track the status of these requests.

2.3 Review Management Dashboard

VARDA provides a dashboard where you can view your reviews, see AI analysis results, flag reviews for removal, and track the status of removal requests.

⚠️ Important Service Limitation

VARDA provides assistance and tools for review removal requests, but we do not control Google's decision-making process. We cannot and do not guarantee that Google will approve or remove any review.

3. User Accounts

3.1 Account Requirements

To use VARDA, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Have a valid Google account
  • Own or have authorized management access to a Google Business Profile
  • Provide accurate, current, and complete information during registration

3.2 Google OAuth Authentication

VARDA uses Google OAuth 2.0 for secure authentication. By signing in with Google, you:

  • Authorize VARDA to access your Google account information
  • Grant VARDA permission to access your Google Business Profile data
  • Agree to Google's Terms of Service and Privacy Policy
  • Consent to the use of OAuth tokens for API access

3.3 Account Security and Responsibilities

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Ensuring that your Google account security settings are properly configured
  • Notifying us immediately of any unauthorized access or security breach
  • Keeping your account information accurate and up-to-date

VARDA is not liable for any loss or damage arising from your failure to maintain account security or from unauthorized access to your account.

3.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time if you violate these Terms, engage in fraudulent activity, or misuse the Service. You may also terminate your account at any time by contacting us or disconnecting your Google Business Profile.

4. Payment Terms

4.1 Pricing Model

VARDA offers the following services:

  • The Varda Action Audit: A one-time fee of €99 (excl. VAT) is charged upon ordering. This includes the diagnostic, Revenue Leak report, and Legal Playbook.
  • The Protection Subscription: A monthly fee of €24.99 (excl. VAT) for ongoing monitoring and AI tools.

4.2 Payment Processing

All payments are processed securely through Stripe, a PCI-DSS Level 1 certified payment processor:

  • You must provide a valid payment method (credit or debit card)
  • Payment method information is securely stored by Stripe, not VARDA
  • Audit fees are charged immediately upon purchase
  • Subscription fees are billed monthly in advance
  • All prices are displayed and charged in EUR (€)

4.3 Payment Authorization

By requesting a review removal, you authorize VARDA to charge your payment method the amount of €24.99 if and when Google successfully removes the review. This authorization remains valid until you revoke it by removing your payment method or terminating your account.

4.4 Refunds

Refunds are generally not available for successful removals, as payment is only charged after Google has removed the review. If you believe you were charged in error, you must contact us at contact@vardaprotect.com within 30 days of the charge. We will investigate and, if appropriate, issue a refund.

4.5 Failed Payments

If a payment fails (e.g., due to insufficient funds or expired card), we will attempt to charge your payment method again. If payment continues to fail, we may suspend your account until payment is successfully processed. You are responsible for maintaining a valid payment method on file.

5. No Guarantee of Review Removal

⚠️ Important Disclaimer

VARDA provides assistance with review removal requests, but we cannot and do not guarantee that Google will approve or remove any review.

5.1 Google's Sole Discretion

Google has sole and absolute discretion to approve or deny removal requests. VARDA has no control over Google's decision-making process, review policies, or removal procedures. We cannot influence, guarantee, or ensure any particular outcome.

5.2 AI Analysis Limitations

Our AI analysis is provided for informational purposes only. While we use advanced AI models to detect potential policy violations, the analysis is not 100% accurate and should not be considered legal advice. You are responsible for verifying that reviews actually violate Google's policies before requesting removal.

5.3 Possible Outcomes

Removal requests may result in:

  • Removed: Google approves removal and removes the review. You are charged €24.99.
  • Denied: Google denies the removal request. You are not charged.
  • Pending: Google is reviewing the request. No charge until resolution.
  • No Response: Google may not respond to removal requests. No charge if no removal occurs.

5.4 Refunds

The Audit is a final sale once the report is delivered. Subscription fees are non-refundable but can be canceled at any time for the following period. If you believe you were charged in error, please contact us at contact@vardaprotect.com within 30 days.

6. Acceptable Use Policy

You agree to use VARDA only for lawful purposes and in accordance with these Terms. You agree not to:

6.1 Prohibited Activities

  • Fraud and Misrepresentation: Use VARDA to request removal of legitimate negative reviews or reviews that do not violate Google's policies
  • Abuse: Submit excessive or frivolous removal requests
  • Harassment: Use the Service to harass, threaten, or harm other users or reviewers
  • Unauthorized Access: Attempt to access accounts, systems, or data that you are not authorized to access
  • Reverse Engineering: Attempt to reverse engineer, decompile, or disassemble any part of the Service
  • Interference: Interfere with or disrupt the Service, servers, or networks connected to the Service
  • Automated Access: Use bots, scrapers, or automated tools to access the Service without authorization
  • Violation of Laws: Use the Service in violation of any applicable laws, regulations, or third-party rights

6.2 Legitimate Use Only

You may only request removal of reviews that you genuinely believe violate Google's review policies. You must have a good faith basis for believing a review violates policies before requesting removal.

6.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, legal action, and reporting to relevant authorities. We reserve the right to investigate violations and cooperate with law enforcement.

7. Intellectual Property Rights

7.1 VARDA's Intellectual Property

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by VARDA and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service without our express written permission.

7.2 User Content

You retain ownership of any content you provide to VARDA (e.g., business information, review data). By using the Service, you grant VARDA a non-exclusive, worldwide, royalty-free license to use, process, and display your content solely for the purpose of providing the Service.

7.3 AI-Generated Content

Legal arguments and analysis generated by VARDA's AI are provided for your use in removal requests. You may use this content for its intended purpose, but VARDA retains all rights to the AI models, algorithms, and underlying technology.

8. Limitation of Liability

8.1 Service Provided "As Is"

VARDA is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 No Liability for Google Decisions

VARDA is not liable for Google's decisions regarding review removal requests, including but not limited to:

  • Google's approval or denial of removal requests
  • Delays in Google's review process
  • Changes to Google's review policies
  • Google's removal or restoration of reviews

8.3 AI Analysis Disclaimer

VARDA is not liable for inaccuracies in AI analysis results, false positives, false negatives, or any consequences arising from reliance on AI analysis. AI analysis is provided for informational purposes only and is not legal advice.

8.4 Limitation of Damages

To the maximum extent permitted by law, VARDA shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Loss of reputation or goodwill
  • Costs of substitute services
  • Any damages exceeding the amount you paid to VARDA in the 12 months preceding the claim

8.5 Third-Party Services

VARDA is not liable for the actions, errors, or omissions of third-party services, including Google, Stripe, Mistral AI, or hosting providers. Your use of third-party services is subject to their respective terms of service and privacy policies.

9. Termination

9.1 Termination by VARDA

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe:

  • Violates these Terms or our Acceptable Use Policy
  • Is harmful to other users, VARDA, or third parties
  • Constitutes fraud, abuse, or illegal activity
  • Breaches any applicable laws or regulations

9.2 Termination by You

You may terminate your account at any time by:

  • Contacting us at contact@vardaprotect.com
  • Disconnecting your Google Business Profile from VARDA
  • Removing your payment method and ceasing to use the Service

9.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service immediately ceases
  • We may delete your account data in accordance with our Privacy Policy
  • Outstanding payment obligations remain due and payable
  • Provisions that by their nature should survive termination will remain in effect

10. Governing Law and Jurisdiction

10.1 Applicable Law

These Terms shall be governed by and construed in accordance with French Law, without regard to its conflict of law provisions.

10.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Commercial Court of Paris, France.

10.3 Dispute Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you may pursue formal legal proceedings in accordance with this section.

11. Contact Information

If you have questions, concerns, or need assistance regarding these Terms, please contact us:

Legal and Terms Inquiries

contact@vardaprotect.com

For questions about these Terms, legal matters, or disputes

General Support

contact@vardaprotect.com

For account issues, technical support, or service questions

Response Time

We aim to respond to all inquiries within 2-3 business days. For urgent matters, please mark your email as "URGENT" in the subject line.

Additional Provisions

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and by posting the updated Terms on this page with a new "Effective Date." Your continued use of VARDA after changes become effective constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VARDA regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. VARDA's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. VARDA may assign these Terms without restriction.