Terms of Service

These terms are the agreement between your business and Varly for the use of Varly. Please read them before you create an account. "We" and "Varly" mean Joba Holding B.V., and "you" means the business that uses Varly.

1. Who we are

Varly is a service of Joba Holding B.V., trading as Varly, registered with the Dutch Chamber of Commerce (KvK) under number 96884991, Parkweg 87, 9725 ED Groningen, the Netherlands. You can reach us at support@varly.ai.

2. Business use only, and how you accept

Varly is for businesses only, such as shops, other companies with a website, and agencies that work for them. By creating an account, you confirm that you use Varly for your business or profession, not as a consumer. If you create an account or an organization for a company, you confirm that you may bind that company to these terms.

You accept these terms when you create an account, when you start a paid subscription, or when you use Varly. Before you pay for the first time, the checkout asks you to accept these terms. Our Data Processing Agreement is part of these terms. Our Privacy policy explains how we handle personal data for our own business, such as your login and your invoices.

We don't accept your own purchasing terms or other general terms, even if you refer to them in an order or an email.

If a signed order or a written offer from us conflicts with these terms, the order or offer wins. On data protection, the Data Processing Agreement wins.

3. Accounts and your team

• Organizations. Your team works in an organization. An agency can add its clients and their websites to its organization. Team members are unlimited and included at no extra cost. Under fair use, we may set reasonable technical limits, for example on the number of members per organization.
• Roles. Every organization has at least one Owner. Owners manage the team, billing and the organization's settings, and accept the Data Processing Agreement for it. Team members get the role you choose. See Team roles.
• Your team's use. You decide who joins your organization, including people from your clients. You are responsible for what they do in Varly, and for making sure they follow these terms.
• Accurate details. Give us correct details, and keep your email address and billing details up to date. We send important notices to the email addresses of your organization's owners.
• Security. Each person uses their own login. Keep passwords and API keys safe, and tell us right away at support@varly.ai if you think someone has used your account without permission.

4. Plans

Varly is priced per website. A website is one site you add to Varly, with its own domain, such as example.com. Subdomains such as www. or shop. are part of the same domain. Each website in your organization is on one of these plans:

• Free plan. One A/B test per calendar month per website domain, counted across all Varly accounts. One running test per website at a time, with up to 15,000 tested visitors per test. When a test reaches 15,000 tested visitors, every visitor sees your original page again, and the results so far stay available. On the free plan, Varly only collects the data the test needs. Some features are locked, such as heatmaps, recordings, surveys and Oran. You can add as many free websites as you like.
• Paid plan. Every feature, with no limit on tests or tested visitors, for the price per website shown in Varly when you upgrade. You pay monthly or yearly.
• Free from Varly. We may give an organization the full service for free, for example for a pilot. We tell you for how long. If the organization has a running subscription, we cancel it and refund the unused part of the current billing period to your card. We can end the free service at any time, with notice by email; your websites then move to the free plan unless you upgrade them.

Fair use and the free plan

The free allowance belongs to the website domain, not to the account. A domain gets one free test per calendar month, whichever Varly account or organization runs it. To apply this, we remember the domain of every website that is added to Varly or where the Varly snippet has run, also after the website is deleted, and which domain used its free test in which month. Our Privacy policy describes these records.

Please don't try to get around the free plan's limits, for example by creating new accounts, organizations or email addresses, or by adding the same website under another name. To prevent this, Varly looks for signs of abuse, such as many new accounts from the same network or mailbox in a short time, one card used by several organizations, or many websites added at once. When it finds them, Varly automatically pauses new organizations, new websites and new free tests for the accounts involved for 24 hours. Your data and running tests keep working. Nothing is closed automatically: a person at Varly reviews it first. If we find abuse, we may stop free tests for the accounts involved, or close them.

The paid plan has no traffic limits. If a website sends an unusual amount of data that puts the service at risk for other customers, for example because of a bot attack or a broken installation, we may limit what we accept from that website while we fix it with you. We tell you when we do this.

We may change the free plan or stop offering it. If we reduce it, we tell the owners by email at least 30 days in advance.

5. Fees, payment and VAT

• Price. You pay the price per website shown in Varly when you upgrade, or the price in a written offer from us. Discounts and promotion codes apply only as stated in the offer.
• Monthly or yearly. You choose a billing period of one month or one year. On a yearly plan, you pay for the whole year up front, and your price per website is locked for the 12 months of that year.
• Currency. You pay in euros if you start your subscription from Europe, and in US dollars elsewhere. The currency stays the same for your subscription.
• VAT and taxes. Prices don't include VAT or other sales taxes. Our payment provider Stripe calculates them from your billing address and VAT number. If your business is in the EU outside the Netherlands and you give a valid VAT number, the reverse-charge rule applies and you account for the VAT yourself. You are responsible for giving us a correct billing address and VAT number.
• Payment. Payments run through our payment provider Stripe. You pay in advance for each billing period, with your card or another payment method that Stripe offers. Varly never sees or stores your card details.
• Invoices. Stripe emails an invoice for every payment. You can download all invoices under Organization settings → Billing → Manage billing.

Renewal and changes during a billing period

Your subscription renews automatically at the end of each billing period, for another month or another year, for every website on the paid plan, until you cancel it. This applies to monthly and yearly plans.

When you add or remove a paid website during a billing period, Stripe calculates the difference for the rest of that period:

• Monthly plan. Adding a website, or moving one back to the free plan, adjusts your next invoice.
• Yearly plan. An added website is invoiced right away, for the rest of the year. It gets the paid plan once that payment succeeds. A website you move back to the free plan becomes a credit on your next invoice. We don't refund it.
• From monthly to yearly. The unused part of your current month is credited, and the year is invoiced right away. The switch takes effect once that payment succeeds. If the payment fails, you stay on monthly billing.

If you move your last paid website back to the free plan, or delete it, your subscription is set to cancel at the end of the billing period, as described below.

Cancellation

An owner can cancel at any time under Organization settings → Billing → Manage billing. Cancel before the renewal date to avoid the next charge. The cancellation takes effect at the end of the billing period you have paid for: the month, or on a yearly plan, the year. Until then, every feature keeps working. After that, your websites move to the free plan and your data stays. Tests that the free plan doesn't allow are paused.

We don't refund the rest of a billing period after you cancel, such as the remaining months of a yearly plan, unless these terms say otherwise or the law requires us to.

If your organization ends up with two subscriptions by mistake, for example after two checkouts at the same time, we cancel the extra one and refund it in full.

When a payment fails

If a payment fails, Stripe tries again over the following days and Varly shows a message in the app. Everything keeps working while Stripe retries. If an invoice stays unpaid after the retries, your websites are on the free plan until it is paid. Once you pay it, they get the paid plan back. If every attempt fails and the subscription is canceled, your websites move to the free plan. Your data stays. Amounts that are still unpaid remain due.

6. Price changes

We may change our prices. We email the owners of your organization at least 30 days before a new price applies to your subscription.

• Monthly plan: the new price applies from your first billing period after those 30 days.
• Yearly plan: your price doesn't change during the year you paid for. The new price applies only when your plan renews, and only if we told you at least 30 days before that renewal.

If you don't agree, you can cancel before the new price applies, and you pay the old price until your subscription ends.

7. Your responsibilities for your websites

You decide what Varly measures on your websites and what your tests show. That means:

• You follow the law that applies to your websites, including privacy law, the rules for cookies and consumer protection law.
• Consent. You make sure your websites have a cookie banner and a privacy notice that cover Varly. Varly waits for consent in your cookie banner, unless you turn on a setting for visitors without consent, such as privacy mode. Whether you may use such a setting is your decision.
• Data protection. You are the controller of the personal data that Varly processes for your websites, and Varly is your processor under the Data Processing Agreement. If you are an agency, you make sure your clients allow you to use Varly for their websites, and you have a data processing agreement with them where the law requires one.
• What your tests show. You are responsible for the content of your test versions, personalizations and surveys, also when Oran or Varly suggested it. Check them before you start them. A test version can perform worse than your original page; deciding what to test, for how long, and what to keep is up to you.
• No sensitive data. Don't send Varly special categories of personal data, such as health data, or payment card details, for example in custom events, survey questions or page addresses.

8. Acceptable use

Don't use Varly to:

• break the law, or infringe someone else's rights, such as copyright or privacy;
• show content on your website that is illegal, misleading or harmful, such as fake reviews or false claims about price or stock;
• send spam or malware, or collect data about people in a way they can't reasonably expect;
• attack, overload or probe Varly or other customers, for example with denial-of-service attacks, scanning for weaknesses or trying to reach data that isn't yours. If you find a security problem, please tell us at support@varly.ai;
• copy, decompile or reverse engineer Varly, except as far as the law allows this despite this restriction;
• resell Varly or give access to people outside your organization and its clients, unless we agreed to this in writing;
• build a competing product with Varly's content, design or data.

Competitor research in Varly reads public pages of websites you choose. Use what it finds for your own analysis, and respect the rights of the owners of those websites.

9. AI providers and other services you connect

Varly's AI features (Oran) run on an API key your organization adds, from a provider such as Anthropic, OpenAI, Google, DeepSeek or Mistral. For that key:

• you have your own agreement with the provider, and the provider bills you for its use directly, at its prices;
• you are responsible for following the provider's terms and for checking where it processes data;
• Varly runs AI only when someone in your team asks for it, or on a schedule your team sets.

The same applies to other services you connect to Varly, such as your shop platform, Google Analytics, Slack, a webhook or an AI assistant such as Claude or ChatGPT: they work under your own agreement with that service, and we are not responsible for them.

AI output can be wrong or incomplete. Treat ideas, analyses and test versions from Oran as suggestions, and check them before you use them.

10. Availability and support

We work to keep Varly available and fast, and to fix problems quickly. We don't promise that Varly will be available all the time or free of errors. Sometimes we need maintenance, and services we rely on, such as our hosting, can fail.

There is no service level agreement (SLA) with guaranteed uptime or response times, unless we agree one with you in writing.

For help, email us at support@varly.ai. The Help center explains how Varly works.

We keep improving Varly, so features change. If we remove a main feature of the paid plan, we tell the owners in advance, and you can cancel.

11. Intellectual property and your data

• Varly. We own Varly: the software, the snippet, the designs and our content. During your agreement you may use Varly for your business and that of your clients. You don't get any other rights.
• Your data. You own the data that Varly collects for your websites and everything your team puts into Varly, such as ideas, notes and test versions. You give us permission to use it only to provide Varly to you, as set out in the Data Processing Agreement. We don't use your data for other customers.
• What Varly makes for you. Test versions, ideas, reports and other output that Varly or Oran makes for you are yours to use. Similar output can be made for other customers.
• Feedback. If you send us ideas or feedback about Varly, we may use them freely, without paying you or naming you.

12. Confidentiality

Each of us keeps confidential the non-public information we get from the other, such as your data, your test results and the terms of a custom offer. We use it only for this agreement and share it only with people and service providers who need it for that and are bound to confidentiality.

This doesn't apply to information that is already public, that the receiving party already had or developed on its own, or that it must disclose by law or by order of a court or authority. In that last case, it tells the other party first, where the law allows.

13. Liability

Varly helps you understand and test your websites, but results depend on your traffic, your decisions and many factors outside our control. We don't guarantee any result, such as more sales.

As far as the law allows:

• Our total liability for all claims together under this agreement, including the Data Processing Agreement, is limited to the fees you paid us in the 12 months before the event that caused the damage. If you haven't paid us anything in that period, it is limited to EUR 100.
• We are not liable for indirect damage, such as lost profit, lost sales or revenue (also from a test version that performed worse), lost savings, damage to reputation, business interruption, or lost or damaged data beyond what we can restore from our backups.
• We are not liable when something outside our reasonable control prevents us from providing Varly, such as a failure of our hosting or network providers, a large-scale cyberattack despite reasonable security, or a government measure.

These limits don't apply to damage caused by the intent or deliberate recklessness of Varly's management, and they don't limit anything the law doesn't allow us to limit, such as the rights of data subjects under the GDPR.

You must tell us about a claim in writing as soon as you reasonably can, so we can limit the damage.

Your indemnity

If someone else, such as a visitor of your website, one of your clients or an authority, makes a claim against Varly because of what you did or published with Varly in breach of these terms or the law, you protect us against that claim and pay the reasonable costs it causes us. This includes claims about the content of your test versions and about missing consent on your websites. We tell you about such a claim promptly and let you take part in handling it.

14. Suspension

We may suspend your access, or Varly on one of your websites, if:

• your use causes a security risk, or harms Varly or other customers;
• you seriously or repeatedly break these terms, for example the acceptable use rules or the fair use rules of the free plan;
• the law or an authority requires us to.

Where we can, we warn you first and give you a chance to fix the problem. We lift the suspension as soon as the reason is gone.

15. Ending the agreement

You

You can stop at any time. Cancel your subscription as described in section 5; your websites then move to the free plan and keep their data. To end the agreement completely, an owner deletes your organization in Organization settings. This deletes its websites and their data right away. It also cancels your subscription right away, without a refund or credit for the rest of the billing period. See Delete data.

Varly

We may end the agreement:

• with 30 days' notice by email, for any reason. If you have paid for a period after the end date, we refund that part;
• with immediate effect if you seriously break these terms and don't fix it within 14 days after we ask you to, or right away if it can't be fixed, for example in case of fraud or an attack;
• with immediate effect if your business goes bankrupt, is granted a suspension of payments, or stops.

Your data when the agreement ends

You can export your data while your organization exists, also after your paid plan has ended. Varly offers exports in the app, such as your tests and test results and survey answers as CSV, and reports as PDF. We don't charge for exporting your data or for moving to another provider. If you need help, email us.

When we end the agreement, you have at least 30 days from our notice to export your data, unless that is impossible because of the reason we end it, such as an attack. After the agreement ends, we delete your data as described in section 13 of the Data Processing Agreement. We keep invoices and payment records for as long as tax law requires.

Sections that by their nature apply after the end, such as confidentiality, liability, and payment of amounts that are still due, keep applying.

16. Changes to these terms

We may change these terms, for example when Varly or the law changes. We email the owners of every organization at least 30 days before a change that matters to you takes effect. If you don't agree, you can cancel before the change takes effect. If you keep using Varly after that date, the new terms apply.

The current version is always at varly.ai/legal/terms, with its version number and date at the top. Earlier versions are available on request.

17. Other provisions

• Transfer. You may only transfer this agreement to someone else with our written permission. We may transfer it to a company that takes over Varly, and we tell you when that happens.
• Notices. We send notices by email to the owners of your organization. You send notices to support@varly.ai.
• Invalid provisions. If part of these terms is invalid, the rest still applies, and we replace the invalid part with a valid one that comes as close as possible to what was meant.
• Language. These terms are written in English. If we provide a translation, the English text wins.

18. Governing law and disputes

These terms, and every agreement under them, are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

If we disagree, let's first try to solve it together: email us at support@varly.ai. If we can't, the dispute goes to the competent court in Groningen, the Netherlands, unless the law requires another court.

History