TERMS AND CONDITIONS OF USE

Last Updated: July 24, 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. By accessing or using the Vareque website, software, or any associated products (collectively, the "Service"), you agree to be bound by these Terms and Conditions (the "Agreement"). If you do not agree to all of the terms, you must not use the Service. Vareque reserves the right to modify this Agreement at any time, and your continued use constitutes acceptance of the then-current terms.

1. Acceptance of Terms

Vareque ("Company," "we," "us," or "our") provides the Service to you subject to this Agreement. By using the Service, you signify your assent to these terms, and you represent that you have the legal capacity to enter into this Agreement. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity.

2. Description of Service

The Service includes the Vareque website, file transfer and storage systems, communication tools, and any related software (e.g., VSUploadGenie, V_Uploader). The Service is provided on an "as-is" basis for authorized users only. Any new features or enhancements will be subject to this Agreement unless otherwise stated.

3. User Accounts and Security

You must provide accurate and complete registration information. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these terms.

4. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws (including export control laws).
• Upload, transmit, or distribute any content that is defamatory, obscene, fraudulent, harassing, threatening, or invasive of privacy.
• Upload or transmit viruses, worms, malware, or any code designed to harm or disrupt the Service or other users.
• Attempt to gain unauthorized access to any portion of the Service or other user accounts.
• Interfere with or disrupt the integrity or performance of the Service.
• Harvest or collect information about other users without their consent.
• Impersonate any person or entity or misrepresent your affiliation.
• Send unsolicited communications (spam).

5. Intellectual Property

All content, trademarks, logos, and software on the Service are the property of Vareque or its licensors and are protected by U.S. and international copyright, trademark, and other laws. You may not reproduce, modify, distribute, or create derivative works without our express written consent. Vareque and the Vareque logo are registered trademarks.

6. User Content and Data

You retain ownership of any files or data you transmit through the Service. However, by using the Service, you grant Vareque a non-exclusive, worldwide, royalty-free license to store, copy, and transmit your data solely for the purpose of providing the Service. We do not claim ownership of your content. We may delete or purge data that violates these terms or after account termination. We are not responsible for the loss, corruption, or unauthorized access of your data.

7. Fees and Payment

If you subscribe to a paid plan, you agree to pay all fees in accordance with the pricing terms then in effect. All fees are non-refundable except as required by law. We may change fees with prior notice. Failure to pay may result in suspension or termination of your account.

8. Privacy and Security

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and protect your information. By using the Service, you consent to our privacy practices. While we employ industry-standard security measures, we cannot guarantee absolute security. You acknowledge that data transmission over the internet carries inherent risks.

9. SMS Messaging Terms

By providing your mobile phone number and opting in to receive messages from Vareque, you consent to receive automated operational notifications, multi-factor authentication (MFA) codes, and critical system alerts via SMS from Vareque.

Opt-Out: You can cancel the SMS service at any time. Just text "STOP" to the number from which you received the message. After you send the SMS text "STOP" to us, we will send you a text message confirming that you have been unsubscribed from our SMS service.

Help: If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more information, or contact our support team at support@vareque.com.

Cost: Message and data rates may apply. Message frequency varies based on your interaction with the Service.

Privacy: Vareque values your privacy. Your mobile phone number and SMS consent are used solely for the purpose of providing the Service. Vareque does not sell, rent, or share your mobile phone number or SMS consent data with third parties or affiliates for marketing or promotional purposes.

10. Third-Party Links

The Service may contain links to third-party websites. We do not endorse or assume responsibility for the content or practices of those sites. Your interactions with third parties are solely between you and them.

11. Disclaimer of Warranties

THE SERVICE 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, NON-INFRINGEMENT, SECURITY, ACCURACY, OR UNINTERRUPTED ACCESS. YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VAREQUE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE PAST SIX MONTHS, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Vareque and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of this Agreement; (c) your violation of any rights of another party; or (d) your content or data. We reserve the right to assume the exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

14. Dispute Resolution – Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and judgment on the award may be entered in any court having jurisdiction. The arbitration shall be conducted in Ventura County, California, before a single arbitrator. You and Vareque agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. If for any reason the arbitration clause is deemed unenforceable, you agree that any legal proceeding shall be brought exclusively in the state or federal courts located in Ventura County, California, and you consent to personal jurisdiction there.

15. Governing Law

This Agreement 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 United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Termination and Suspension

We may, in our sole discretion, suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to breach of this Agreement, non-payment, or extended inactivity. Upon termination, your right to use the Service ceases immediately. We may delete your data upon termination, but we may retain backup copies for a limited period as required by law.

17. DMCA Compliance

If you believe that any content on the Service infringes your copyright, please send a written notice to our designated agent at:

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). We will respond promptly to valid infringement claims.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Agreement due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of labor or materials.

19. Entire Agreement; Severability

This Agreement constitutes the entire understanding between you and Vareque regarding its subject matter. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision does not waive our right to enforce it later.

20. No Agency or Partnership

Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and Vareque.

21. Changes to Terms

We may revise this Agreement at any time by posting the updated terms on our website. Your continued use of the Service after such changes constitutes your acceptance. We encourage you to review this page periodically.

22. Contact Information

If you have any questions about this Agreement, please contact us at:

Effective Date: July 24, 2026

Feel free to contact us for a free demonstration at Contact@vareque.com.