VaraX Terms of Telemetry & Commercial Licensing
These Terms of Telemetry and Commercial Licensing Agreement ("Agreement") constitute a legally binding contract between VaraX Data Technologies Inc. ("VaraX", "we", "us", operator of varaxdata.com) and the commercial organization, property manager, institutional REIT, or developer accessing or licensing our commercial telemetry APIs ("Licensee", "you").
1. Commercial API License Grant & Scope
Subject to the terms and timely payment of applicable licensing fees, VaraX grants Licensee a limited, non-exclusive, non-transferable, revocable license to programmatically access the VaraX API network (including VaraScore™, VaraCondition™, VaraRetention™, and VaraTurnaround™ endpoints) solely for internal real estate underwriting, physical casualty auditing, habitability escrow calculation, and portfolio risk evaluation.
Licensee is strictly responsible for maintaining the confidentiality of all provisioned credentials (vx_live_..., vx_test_...). Any unauthorized query executed using Licensee credentials shall be billed to Licensee and may result in immediate credential revocation.
2. Statutory Permissible Purpose Certification (FCRA § 604)
Licensee expressly certifies under penalty of perjury that every consumer report or underwriting dossier queried through the VaraX API network shall be obtained strictly for a permissible purpose under Section 604 of the Fair Credit Reporting Act (15 U.S.C. § 1681b), specifically:
- In accordance with the written instructions of the consumer to whom it relates (15 U.S.C. § 1681b(a)(2)); or
- To evaluate a legitimate application for a residential lease or rental agreement (15 U.S.C. § 1681b(a)(3)(F)).
If Licensee denies tenancy, requires an increased security deposit, or demands a co-signer based in whole or in part on VaraX telemetry, Licensee agrees to provide the applicant with statutory Adverse Action notices complying with federal and state law.
3. Prohibited Telemetry Uses & Restrictions
Licensee shall not, directly or indirectly:
- Reverse engineer, decompile, or attempt to extract the underlying weights, neural algorithms, or heuristic logic of VaraX predictive scoring models;
- Resell, sublicense, syndicate, or redistribute raw API responses to third parties without an executed Enterprise Syndication Addendum;
- Use VaraX telemetry in violation of the Fair Housing Act (42 U.S.C. § 3601 et seq.) or Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.);
- Circumvent API rate limits, query meters, or authentication headers;
- Scrape or harvest data from the VaraX portal or documentation interfaces.
4. Production Service Level Agreement (SLA) & Quotas
VaraX commits to maintaining an uptime SLA of 99.9% for production API endpoints, excluding scheduled maintenance windows announced with at least 48 hours prior notice.
Monthly query allocations are dictated by Licensee's subscribed tier:
5. Proprietary Rights & Trade Secrets
VaraX retains all right, title, and interest in and to the platform, documentation, API architecture, and proprietary algorithms, including the trademarks VaraScore™, VaraCondition™, VaraRetention™, and VaraTurnaround™. Licensee acquires no ownership rights under this Agreement.
6. Limitation of Liability & Disclaimers
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE TELEMETRY APIS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. VARAX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In no event shall VaraX be liable for lost profits, loss of data, or consequential damages. VaraX's aggregate liability arising under this Agreement shall not exceed the total fees paid by Licensee to VaraX in the twelve (12) months preceding the incident.
7. Governing Law, Arbitration & Legal Contact
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved through binding confidential commercial arbitration administered by the American Arbitration Association (AAA).