Skip to Content

Terms and Conditions

Last Updated: April 23, 2025

1. Introduction

These Terms and Conditions ("Terms") govern your use of Varyshop.eu's services, including our managed hosting services and e-commerce Content Management System ("CMS"). By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our services.

2. Definitions

"Varyshop", "we", "us", or "our" refers to Varyshop.eu, its parent company, subsidiaries, and affiliates. "Services" refers to our managed hosting services, e-commerce CMS, and any other services offered by Varyshop. "User", "you", or "your" refers to individuals or entities that access or use our Services. "Account" refers to your registered account with Varyshop. "Content" refers to any information, data, text, software, music, sound, photographs, graphics, videos, or other materials that you upload, post, or otherwise make available through our Services.

3. Account Registration and Eligibility

3.1 Account Creation

To access our Services, you must create an Account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3.2 Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction to create an Account. By creating an Account, you represent and warrant that you have the legal capacity to enter into these Terms.

3.3 One Account Per User

Each user is limited to one Account unless explicitly authorized by Varyshop.

4. Service Description

4.1 Managed Hosting Services

Varyshop provides managed hosting services for websites and e-commerce platforms. The specific features, limitations, and specifications of our hosting services are described on our website and in any order forms or service agreements. Our managed hosting services are provided on servers operated by our partner, Hetzner Online GmbH, which maintains its own Privacy Policy available at https://www.hetzner.com/legal/privacy-policy.

4.2 E-commerce CMS

Varyshop offers a proprietary e-commerce CMS free of charge to customers who subscribe to our managed hosting services. The CMS remains the property of Varyshop and is licensed, not sold, to you.

4.3 Service Modifications

Varyshop reserves the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

5. Fees and Payment

5.1 Fees

You agree to pay all fees associated with your selected hosting plan. Current pricing is available on our website. The e-commerce CMS is provided free of charge to customers who maintain an active hosting subscription.

5.2 Payment Terms

Payments are due in advance for the billing cycle you select. We accept payment by credit card, bank transfer, and other payment methods specified on our website.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.

5.4 Refunds

Refund policies are described on our website and may vary depending on the service package you select. Generally, hosting services are non-refundable after the first 14 days of service.

5.5 Late Payments

Late payments may result in service suspension or termination. We reserve the right to charge late fees and interest on overdue amounts.

6. User Obligations

6.1 Lawful Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not use our Services for any illegal or unauthorized purpose.

6.2 Content Restrictions

You are solely responsible for all Content that you upload, post, or otherwise make available through our Services. You agree not to use our Services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Distribute malware, viruses, or other harmful code
  • Conduct phishing attempts or fraudulent activities
  • Sell illegal products or services
  • Host adult content, gambling services, or cryptocurrency mining operations
  • Send unsolicited commercial messages (spam)
  • Engage in activities that may damage Varyshop reputation

6.3 Resource Usage

You agree not to use excessive amounts of system resources, including but not limited to CPU time, memory, disk space, and network bandwidth. Varyshop reserves the right to suspend or terminate accounts that, in our sole discretion, are using excessive resources.

6.4 Security

You are responsible for implementing reasonable security measures for your Account and website. This includes maintaining secure passwords, keeping software updated, and promptly addressing security vulnerabilities.

7. Intellectual Property

7.1 Our Intellectual Property

Varyshop Services, including the e-commerce CMS, website design, logo, and content created by Varyshop, are owned by Varyshop and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our explicit permission.

7.2 License to Use CMS

We grant you a limited, non-exclusive, non-transferable, revocable license to use our e-commerce CMS solely in connection with our managed hosting services and in accordance with these Terms.

7.3 Your Content

You retain ownership of Content that you upload to our Services. By uploading Content, you grant Varyshop a worldwide, royalty-free, non-exclusive license to host, store, and display your Content solely for the purpose of providing our Services to you.

8. Privacy and Data Protection

8.1 Privacy Policy

Our Privacy Policy, available at https://www.varyshop.eu/privacy-policy, explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of information as described in our Privacy Policy.

8.2 Data Processing

For purposes of the General Data Protection Regulation (GDPR) and similar regulations, Varyshop acts as both a data controller and a data processor depending on the context. When we process customer data on your behalf, you remain the data controller for that data.

8.3 Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

9. Service Level Agreement (SLA)

9.1 Uptime Guarantee

Varyshop strives to maintain 99.9% uptime for our hosting services. Specific uptime guarantees and remedies for failure to meet these guarantees are outlined in our Service Level Agreement, available at https://www.varyshop.eu/sla.

9.2 Support

Varyshop provides technical support as specified in your hosting plan. Support hours and response times are described on our website.

9.3 Backups

While Varyshop performs regular backups of our systems, you are responsible for maintaining your own backups of your data and Content.

10. Term and Termination

10.1 Term

These Terms will remain in effect until terminated by either you or Varyshop.

10.2 Termination by You

You may terminate your Account at any time by following the cancellation process on our website or by contacting our support team.

10.3 Termination by Varyshop

Varyshop may terminate or suspend your Account and access to our Services at any time, with or without cause, and with or without notice. Causes for termination may include, but are not limited to:

  • Violation of these Terms
  • Failure to pay fees
  • Engaging in prohibited activities
  • Extended periods of inactivity
  • Legal or regulatory requirements

10.4 Effect of Termination

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimers

11.1 "As Is" Service

Our Services are provided on an "as is" and "as available" basis. Varyshop makes no warranties, expressed or implied, regarding the operation or availability of our Services.

11.2 No Warranty

To the maximum extent permitted by law, Varyshop disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 Third-Party Services

Varyshop is not responsible for third-party services or websites that you may access through our Services.

12. Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by law, Varyshop's total liability to you for any damages shall be limited to the amount you paid for our Services in the 12 months preceding the claim.

12.2 Exclusion of Damages

In no event shall Varyshop be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.

13. Indemnification

You agree to indemnify, defend, and hold harmless Varyshop, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your Content

14. Changes to Terms

Varyshop reserves the right to modify these Terms at any time. We will provide notice of significant changes through our website or by sending an email to the address associated with your Account. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California and the Uniform Commercial Code (UCC), without regard to its conflict of law provisions. Varyshop LLC is registered in California, USA.

15.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration, except where prohibited by law.

15.3 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 so that these Terms shall otherwise remain in full force and effect.

15.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.5 Assignment

You may not assign or transfer these Terms or your Account to any third party without our prior written consent. Varyshop may freely assign these Terms without restriction.

15.6 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or documents published by Varyshop, constitute the entire agreement between you and Varyshop regarding our Services.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Varyshop LLC

Entity Type: Limited Liability Company - CA

Company ID: B20250061914

Mailing Address: 1126 FAIRVIEW AVE APT 107 ARCADIA, CA 91007