Last Modified: April 16, 2026
These terms of use are entered into by and between you and NEXLYR LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://varyx.app/ (the "Website"), the Company's mobile applications made available through the Apple App Store and the Google Play Store (together, the "Mobile Applications"), the Company's progressive web application (the "Web App"), and any content, functionality, and services offered on or through the foregoing (collectively, the "Services").
Please read these Terms of Use carefully before you start to use the Services. By accessing or using the Services, you accept and agree to be bound and abide by these Terms of Use and any documents they expressly incorporate by reference, including our Privacy Policy, found at /privacy, and our AI Acceptable Use Policy (the "AI AUP"), found at /AUP each of which is incorporated herein by reference. If you do not agree to these Terms of Use, the Privacy Policy, or the AI AUP, you must not access or use the Services.
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE COMPANY, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE.
YOU MUST BE AT LEAST 21 YEARS OLD TO USE THE COMPANY'S SERVICE. IT IS THE RESPONSIBILITY OF THE USER TO ENSURE GAMBLING IS LEGAL IN YOUR STATE OR COUNTRY. THE COMPANY DOES NOT CONDONE UNDERAGE GAMBLING. THE INFORMATION ON THIS WEBSITE SHOULD BE USED FOR ENTERTAINMENT PURPOSES ONLY. IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM AND WANTS HELP, CALL 1-800 GAMBLER. OUR SERVICES ARE INTENDED FOR ADULT USERS ONLY.
THE SERVICE IS PROVIDED WITH ABSOLUTELY NO GUARANTEE OF PROFIT. THE COMPANY WILL TRY TO SUPPLY YOU WITH THE BEST INFORMATION AVAILABLE TO US. HUMAN ERROR CAN OCCUR IN THE DATA. ALTHOUGH WILL TRY OUR BEST TO ENSURE YOU'RE GETTING THE MOST ACCURATE DATA, WE CAN'T ENSURE THAT THE MOST UP TO DATE DATA IS ALWAYS PRESENTED. NO LIABILITY OF ANY SORT FOR INACCURATE DATA IS ASSUMED BY THE COMPANY.
IF YOU USE THIS DATA TO MAKE A WAGER, PLEASE ONLY BET AMOUNTS THAT YOU CAN AFFORD TO LOSE.
THE COMPANY IS NOT AND SHOULD NOT BE CONSIDERED A SPORTSBOOK. THE COMPANY DOES NOT FUNCTION AS THE COUNTER-PARTY TO ANY WAGER, DOES NOT SET LINES, DOES NOT ESCROW CUSTOMERS FUNDS, AND DOES NOT PAYOUT CUSTOMERS FOR SUCCESSFUL WAGERS.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. The Company will post a notification on our Services or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use our Services after the date they become effective.
Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
You agree to use the Services, including any artificial intelligence or machine learning features made available by the Company (the "AI Features"), in compliance with these Terms of Use and the Company's AI AUP. The AI AUP forms an integral part of these Terms, and any violation of the AI AUP constitutes a material breach of these Terms.
The AI Features may incorporate or rely on third-party service providers, including, without limitation, Anthropic PBC ("Service Providers"). You agree to comply with all applicable terms, policies, and acceptable use requirements of such Service Providers, including any applicable acceptable use policies, as may be updated from time to time. The Company may, in its sole discretion, suspend or terminate your access to the AI Features or the Services for any violation of the AI AUP or any applicable Service Provider requirements.
Without limiting the foregoing, the Company reserves the right to monitor use of the AI Features and to take any action it deems appropriate to ensure compliance with these Terms, the AI AUP, and applicable law, including cooperation with Service Providers and law enforcement authorities.
Additional terms and conditions may apply to purchases of goods or Services and to specific portions or features of the Services, including, but not limited to, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services or the specific service. The Company may make changes to any products or Services offered, or to the applicable prices for any such products or Services, at any time, in accordance with the notice procedures set forth above.
You may cancel your subscription at any time. However, there are no refunds for cancellation. Payments are nonrefundable and there are no refunds or credits for partially used billing periods.
You can cancel your subscription at any time, and you will continue to have access to the Services for the remainder of your applicable billing cycle.
Your subscription to the Company may begin with a free trial. The duration of the free trial period of your subscription will be specified during checkout and is intended to allow first-time users to try our Services. Trials require at least one valid Payment Method associated with your account. We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically start unless you cancel your subscription prior to the end of the free trial period. For Services provided on the Services, payment will be handled by the Company. For Services provided through the Company's mobile application, payment may be processed by the applicable platform provider, including Apple Inc. (for iOS applications) or Google LLC (for Android applications), as applicable. To view the applicable subscription price and end date of your free trial period, visit our website and click "Settings" on your account page or, if accessing the mobile application, visit your device's account or subscription settings. Once a charge is made, there is no refund available and you will need to follow the cancellation process to avoid being charged at the completion of your current billing period.
Fees for the Services will be invoiced monthly in advance or as otherwise as specified in the applicable subscription or plan. Unless otherwise stated in an invoice, charges are due immediately on the invoice date. You are responsible for maintaining complete and accurate billing and contact information with the Company. By providing a credit card to the Company for pre-authorized payments, you authorize the Company to charge your credit card or debit account for all outstanding fees, Taxes, charges and outstanding account balances due and outstanding. This constitutes the Company's good and sufficient authority for so doing.
You shall: (i) keep the billing, credit card and payment information you provide to the Company or its suppliers or payment processors, including name, credit card number and expiration date, mailing address, e-mail address and telephone number, accurate and up to date; (ii) promptly advise the Company if your credit card information changes due to loss, cancellation, or any other reason; and (iii) be liable for your failure to pay any fees billed to you by the Company caused by your failure to provide the Company with up to date billing information.
To offset its additional processing costs, the Company may charge you for administrative expenses charges including, but not limited to: collection efforts due to non-payment or having a balance over your credit limit, returned or rejected payments, or changes in personal identifying information. All administrative charges charged to you will be indicated in your invoice invoice or receipt. You are required to promptly pay all such charges.
Any payment not received from you by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Company's discretion, at the maximum rate permitted by law, from the date such payment was due until paid.
Unless otherwise stated, the Company's fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Company's net income or property. If the Company has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide the Company with a valid tax exemption on certificate authorized by the appropriate taxing authority.
Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use a copy of the Company's mobile application on a device that you own or control, solely for your personal, non-commercial use and in accordance with the applicable usage rules and policies of the platform from which you obtained the application, including the Apple App Store or the Google Play Store. The Company reserves all rights in and to the application not expressly granted to you under these Terms of Use. You agree not to use or run the application on any device that has been modified in a manner that circumvents the device manufacturer's or operating system provider's security protections or platform restrictions (e.g., jailbroken or rooted devices).
If you have downloaded the application, you agree to promptly download and install any updates or new versions that the Company makes available through the applicable platform provider, including the Apple App Store or Google Play. Such updates or new versions may include updated Terms of Use, security fixes, or service improvements, whether or not expressly identified as such. Failure to install updates may, in some cases, result in increased security risks, degraded performance, or inability to access certain features of the Services.
If you access or download the Mobile Application through the Apple App Store operated by Apple Inc. ("Apple") or through the Google Play Store operated by Google LLC ("Google"), you acknowledge and agree that these Terms are concluded between you and the Company only, and not with Apple or Google, and that, as between the Company and Apple or Google, the Company is solely responsible for the Application and its content. Your use of the Application must comply with all applicable third-party terms of service, including the Apple App Store Terms of Service (including the Usage Rules) and the Google Play Terms of Service and applicable policies.
The license granted to you under these Terms is limited, non-exclusive, non-transferable, and revocable. If you download the Application from the Apple App Store, you may use the Application only on Apple-branded products that you own or control and as permitted by the Apple App Store Usage Rules. If you download the Application from Google Play, you may use the Application on compatible Android devices in accordance with Google Play policies.
You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the Application, and that the Company is solely responsible for providing any maintenance and support services, to the extent required under applicable law or expressly provided under these Terms.
To the maximum extent permitted by applicable law, you acknowledge that neither Apple nor Google is responsible for addressing any claims relating to the Application or your possession and use of the Application, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy, or similar legislation, or claims that the Application infringes a third party's intellectual property rights. All such claims are the sole responsibility of the Company, subject to the limitations and disclaimers set forth elsewhere in these Terms.
In the event of any failure of the Application obtained through the Apple App Store to conform to any applicable warranty not effectively disclaimed under these Terms, you may notify Apple, and Apple may refund the purchase price for the Application (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and, as between Apple and the Company, any other claims, losses, liabilities, damages, costs, or expenses attributable to such failure will be the responsibility of the Company, subject to the limitations set forth in these Terms. Purchases made through Google Play are subject to Google's applicable payment and refund policies, and the Company remains responsible for warranties to the extent required under applicable law and these Terms.
Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to your use of the Application obtained through the Apple App Store, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Google and its affiliates are intended third-party beneficiaries of these Terms solely with respect to provisions relating to your use of the Application obtained through Google Play. Except as expressly set forth above, there are no other third-party beneficiaries to these Terms.
If you make purchases through the Apple App Store, you acknowledge and consent to the Company sharing limited usage and consumption data with Apple as reasonably necessary to process refund requests, resolve disputes, and comply with Apple's policies. If you make purchases through Google Play, you acknowledge that certain transaction and usage data may be shared with Google as necessary to process payments, refunds, disputes, or to comply with applicable Google Play policies. Any such data sharing will be conducted in accordance with the Company's Privacy Policy and applicable law.
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services or the entire Services.
You are responsible for both:
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with these Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
All historical player performance, stadium weather, lines, odds, betting percentages, betting systems, performance trends, sportsbook odds, stadium trends, and related and/or similarly displayed stats, scores, trends, insights, information, in addition to articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Services is owned by the Company or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.
All trademarks appearing on the Services are the property of their respective owners, including, in some instances, the Company and/or its partner companies. Nothing contained on these Services should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by the Company or by any third party.
When accessing the Services, you agree to obey the law and to respect the intellectual property rights of the Company and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below) and PII (as defined below) that you provide or transmit to the Company.
All materials contained or distributed by the Company are owned by the Company or its licensors. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Company materials without first obtaining the written permission of the Company and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Company's materials. Company materials may not be used in any unauthorized manner.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
Additionally, you agree not to:
Upon termination of your account for any reason, the Company will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall survive.
To the extent that any part of our Services offer subscriptions to users, the Company reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.
You agree that the Company reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Services at any time where the Company has determined, in its sole discretion that the use of the Services by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE COMPANY AND WITHOUT ANY LIABILITY WHATSOEVER, THE COMPANY AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE WEBSITE AND/OR THE SERVICES.
You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Company may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase and/or register for products or services, including, but not limited to, sportsbook applications, services, bonuses, and betting markets (collectively, "Third-Party Content"). In consideration for the convenience of the Company making this Third-Party Content available or accessible to you, you acknowledge that the Company has not reviewed all of the Third-Party Content and that the Company is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content. You must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by the Company or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, the Company is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for satisfactory delivery of their products and/or services, ensuring their pricing, and/or otherwise delivering on any representations made by such Third-Parties. The Company may from time to time engage certain affiliates or other third parties, including, but not limited to sports data providers and sportsbooks, to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from these Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is: support@varyx.app
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE, SERVICES, APPLICATION, OR ANY CONTENT, PRODUCT, SERVICE OR RELATED FEATURE, INCLUDING STATISTICS AND BETTING ODDS, WILL BE AVAILABLE, ERROR-FREE, ACCURATE, UP-TO-DATE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE COMPANY CANNOT ENSURE THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FILES, STATISTICS, BETTING ODDS, OR OTHER DATA YOU DOWNLOAD FROM OR ACCESS ON THE SERVICES, WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES OF THE COMPANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES, AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
YOU UNDERSTAND THAT THE SERVICES CONTAIN INFORMATION ABOUT SPORTS, HISTORICAL SPORTS TRENDS, AND SPORTS BETTING, BUT THAT THIS INFORMATION DOES NOT CONSTITUTE "ADVICE," NOR DOES IT CONSTITUTE ANY "RECOMMENDATION" ON WHETHER OR HOW TO ENGAGE IN SPORTS BETTING.
THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS. ANY SPORTS BETTING ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
This Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on our Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Our Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Company's Privacy Policy applies to use of the Services, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
You hereby grant the Company a non-exclusive, non-transferable, irrevocable, worldwide, royalty-free, fully paid-up license to use and otherwise exploit your data as reasonably required to provide the Services. The foregoing license shall include the right for the Company to use and copy your for the purpose of creating aggregated and anonymized statistical analytics with respect to the Services. The Company shall own all aggregated statistics created from your data.
We may use personal information to:
We do not sell personal information. In the ordinary course of business, we may share personal information with:
The Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use or incorporate into the Services and/or any other products or services any suggestions, enhancement requests, recommendations, or other feedback provided by you relating to the Services.
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Services or the Company that you provide to the Company (but excluding your PII) (collectively, "Feedback") is deemed to be the Company's proprietary information. The Company may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Services, and the Company shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
The term "Feedback" does not include any personally identifiable information, such as your name, email address, physical address, phone number(s), and credit card information (collectively, "PII") that you may provide to the Company, and which is subject to the privacy standards set forth in the Company's Privacy Policy. To access parts of the Services, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of our Services that all the information you provide, including, but not limited to, PII, is correct, current and complete.
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the State of New York in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy, and our AI AUP constitute the sole and entire agreement between you and NEXLYR LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
This website is operated by NEXLYR LLC, 418 Broadway Ste N, Albany, NY 12207.
All notices of copyright infringement claims should be sent to the copyright agent designated under Reporting Claims of Copyright Infringement in the manner and by the means set out herein.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@varyx.app.
In these terms, "include" or "including" means "including but not limited to," and any examples we give are for illustrative purposes. The inclusion of "include", "including", or "including but not limited to" in any one provision has no bearing on the interpretation of omission from any other provision. The provisions in this Terms of Use should not be construed as against the drafter. The provisions of this Terms of Use should not be limited or expanded in their interpretation based upon the section headings under which they are presented. Still, the inclusion of a specific term in one part of the terms, but its absence from another part of these terms, should not be interpreted as purposefully omitted from the latter.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without the Company's prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
If you have any questions or comments regarding these Terms of Use, our Privacy Policy, our AI AUP or our Services please feel free to contact the Company by email at support@varyx.com.
Questions? Contact support@varyx.app