1. Who we are
Kerva Inc. is a Delaware corporation. Contact us at hello@kerva.com.
2. The Service
Vargus is "an AI-native QA testing toolchain that orchestrates large language model agents to run intent-level tests against your applications." The offering comprises:
- An open-source command-line tool (MIT License).
- A hosted web dashboard for reviewing runs and results.
- Optional APIs and integrations.
We reserve the discretion to "change, suspend, or discontinue any part of the Service at any time, with reasonable notice for paid plans."
3. Accounts
Account creation may be required for certain features. You must "provide accurate information, keep your credentials confidential, and promptly notify us of any unauthorised use."
4. Open-source licence (CLI)
The CLI operates "under the MIT License." These Terms govern hosted Service interactions and CLI usage involving Kerva-supplied credentials.
5. Licence to use the Service
"Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal testing and development purposes."
6. Acceptable use
You agree not to:
- Use the Service unlawfully or without permission.
- Test systems you don't own.
- Generate unlawful or infringing content.
- Bypass security measures.
- Reverse-engineer closed components.
- Resell the hosted Service.
- Train competing AI models.
- Impair availability for other users.
You bear "sole responsibility for the systems you test with Vargus."
7. AI-generated output and test results
"AI-generated output can be inaccurate, incomplete, or misleading." Test results "are not a guarantee that your software is free of defects, vulnerabilities, or non-conformities." You cannot rely on results as the "sole basis for any decision with legal, safety, financial, medical, or similarly material consequences."
8. Your content
You retain rights in submitted data ("Your Content"). Kerva receives "a worldwide, non-exclusive, royalty-free licence" for hosting and Service improvement purposes. We will not use Your Content to train AI models.
9. Third-party services
The Service integrates with external providers. "Your use of those services is subject to their own terms and privacy policies." Kerva assumes no responsibility for third-party changes.
10. Fees, subscriptions, and billing
Free and paid tiers exist. Paid plans bill in advance; "cancellation takes effect at the end of the then-current billing period." Usage-based charges bill retrospectively. Pricing changes require "at least 30 days' notice."
11. Intellectual property
Kerva retains ownership of Service components: "The Service and all related software, designs, text, graphics, and content (other than Your Content and open-source components) are owned by Kerva Inc."
12. Feedback
If you submit feedback, you grant Kerva "a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback."
13. Disclaimers
"The Service is provided as is and as available." Kerva disclaims warranties regarding uninterrupted operation, accuracy of AI-generated output, or defect correction.
14. Limitation of liability
Kerva's liability excludes indirect and consequential damages. Total liability caps at "the greater of (a) the amounts paid by you to Kerva for the Service in the twelve months immediately preceding the event giving rise to the liability, or (b) one hundred US dollars (USD 100)."
15. Indemnification
You must "defend, indemnify, and hold harmless Kerva" from third-party claims arising from Service breaches, Your Content, or the systems you test.
16. Termination
You may cancel paid plans anytime. Kerva may "suspend or terminate your access to the Service at any time" for breaches or legal risks. Specified sections survive termination.
17. Changes to these Terms
Material updates receive "at least 14 days' notice" via email or dashboard notification. Continued use of the Service constitutes acceptance.
18. Governing law and disputes
Delaware law governs; Delaware courts hold exclusive jurisdiction. Consumer protections remain available under mandatory local laws.
19. General
- These Terms constitute the entire agreement.
- Non-enforcement doesn't constitute waiver.
- Unenforceable provisions don't invalidate others.
- You cannot assign without our consent.
- Neither party is liable for force majeure events.
- No agency relationship is created.
20. Contact
Questions: hello@kerva.com.