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Terms of Service

Effective September 16, 2026

These terms govern your use of deepvariance.com and Warden. Harvey engagements are governed by their own signed agreement. You accept these terms for Warden when you create an account and confirm that you agree. If you do not agree, do not create an account or use Warden.

Who you are agreeing with

These terms are an agreement between you and Deep Variance Inc., a Delaware corporation. If you use Warden for an organisation, you confirm you may accept these terms for it, and "you" includes that organisation. Contact: founders@deepvariance.com.

The website

You may browse and share deepvariance.com. Its content is provided for information. It is not a warranty, an offer, or a statement of the results any product will achieve for you.

Warden accounts

  • You must be at least 18, or the age of majority where you live, to create a Warden account or start a trial, and you must give an accurate email address.
  • Keep your password and your machine links secure. You are responsible for activity under your account. Tell us promptly if you believe it has been compromised.
  • You can revoke a linked machine at any time from your account.

Trials, subscriptions and payment

  • Warden's paid plan starts with a 14-day free trial. You need a payment method to start it. Unless you cancel before the trial ends, your subscription starts automatically and we charge the monthly plan price shown at checkout, plus any applicable tax, to that payment method on the day the trial ends.
  • Your subscription then renews automatically every month, and we charge you at the start of each monthly period until you cancel. Stripe processes payments, and its terms apply to that processing.
  • You can cancel online at any time, including during the trial, from the billing settings in the Warden app. If you cancel during the trial, you are not charged. If you cancel after, your plan stays active until the end of the period you paid for and does not renew.
  • If we change the price, we will email you between 7 and 30 days before the new price applies, with the new price, the date it applies, and how to cancel. The new price applies from your next renewal.
  • If a payment fails, we or Stripe will retry it and email you. Access to the paid features of the Warden app pauses until payment succeeds, and if the retries are exhausted your subscription is cancelled. Warden continues to run and enforce your rules locally either way.
  • Prices do not include taxes unless stated. You are responsible for any sales, use, value added or similar taxes on your subscription, which we or Stripe will add where required.
  • If you are a consumer in the EU or UK, you have a right to withdraw from a paid subscription within 14 days of starting it. Because the trial is free and lasts 14 days, you can cancel during it without paying anything. When the paid subscription starts after the trial, you ask us to provide Warden immediately and acknowledge that you lose the right to withdraw once it has been provided, to the extent the law allows.
  • Fees are non-refundable except where the law requires otherwise or these terms say so. Deleting your account cancels your subscription immediately and ends access for the rest of the paid period, without a refund. If we close your account for a reason other than your breach, or discontinue Warden, we will refund any prepaid fees for the unused period.

What Warden is, and what it is not

Warden observes, records and can block actions taken by AI coding agents on machines you control, according to rules you set. It is one control among several. It can only see and act on calls that pass through it, it does not judge intent, and it does not guarantee that an agent will not cause loss or damage. You remain responsible for the agents you run, the commands you approve, the rules you write, and backing up your work.

Acceptable use

You agree not to:

  • use the services to break the law or infringe anyone’s rights;
  • attempt to access another person’s account, machines or data;
  • probe, overload or disrupt our relay or infrastructure, or bypass rate limits, billing or security controls;
  • resell or provide the services to third parties as a service without our written permission;
  • reverse engineer the services except to the extent the law allows despite this restriction;
  • use or export Warden in breach of US export control or sanctions laws. You confirm that you are not located in, or acting for anyone in, a country or region subject to comprehensive US sanctions, and that you are not on a US government restricted party list.

Your data and your content

You keep all rights in your code, commands, files and other content. You give us only the limited permission needed to transmit and process it to provide the services to you, as described in the Privacy Policy. We will keep your content confidential, use it only to provide the services to you, and protect it with reasonable security measures. If you need a data processing agreement, email us and we will provide one.

Feedback is optional. If you send it, we may use it without obligation to you.

Our rights

Subject to these terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable licence to install and use Warden on machines you control, for your own internal purposes. For the hosted parts of Warden the licence lasts while your account is active; for the software on your machines it continues after your subscription ends, as long as you comply with these terms. The services, the website and their software and content otherwise belong to Deep Variance or its licensors. Open-source components are licensed under their own licences, and nothing here limits your rights under them. These terms give you no other rights in our intellectual property.

Harvey

Harvey verification engagements, and any report, certificate or evidence bundle they produce, are governed exclusively by the engagement letter or statement of work signed for that engagement, including who may rely on the output and on what terms. Nothing on this website is a Harvey report, and no one may rely on a Harvey output except as that agreement allows.

Suspension and termination

You can stop using the services and delete your account at any time. We may suspend or close an account that breaks these terms, fails to pay, or puts the services or other users at risk. Where reasonable, we will tell you first and give you a chance to fix the problem. On termination, your right to use the hosted services ends. Sections that by their nature should survive (payment owed, feedback, our rights, disclaimers, limitation of liability, indemnity, governing law and General) survive.

Disclaimers

Except as expressly stated in these terms, the services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the services will be uninterrupted, error-free, or that they will detect or prevent every harmful action. Some jurisdictions do not allow these exclusions, so some of them may not apply to you.

Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party’s total liability arising out of these terms is limited to the greater of the fees you paid us in the 12 months before the claim arose and one hundred US dollars.

These limits do not apply to your payment obligations, your indemnity obligations, your breach of the Acceptable use section, or liability that cannot be limited by law, such as liability for fraud. Our obligations under the Indemnity section are subject to the limits above.

Indemnity

You will defend and indemnify Deep Variance against third-party claims arising from your content or your breach of the Acceptable use section. We will defend and indemnify you against third-party claims that the Warden service, as we provide it, infringes their intellectual property, except where the claim arises from your content, your modifications, or combination with something we did not provide. If Warden is, or we believe it may be, subject to such a claim, we may get you the right to keep using it, modify it so it does not infringe, or end your subscription and refund any prepaid fees for the unused period. This section is your only remedy for intellectual property claims. The party seeking indemnity must give prompt notice and reasonable cooperation and let the other party control the defence, and no settlement may admit fault or impose an obligation on the indemnified party without its consent.

Changes to the services and these terms

We improve the services and may change or discontinue features. We may update these terms. For a material change, we will give at least 30 days notice on the site and by email to account holders before it takes effect. Continuing to use the services after it takes effect means you accept the updated terms; if you do not agree, you can cancel before then.

Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from these terms or the services, and both parties consent to that jurisdiction. Nothing here removes rights you have under the mandatory consumer protection laws of the country you live in.

General

These terms are the whole agreement between you and us about Warden and the website. Our Privacy Policy and Cookie Policy explain how we handle personal data and are not part of this agreement. If you have a separate signed agreement with us covering Warden, that agreement controls where it conflicts with these terms. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Neither party may assign these terms without the other’s consent, except to a successor in a merger, acquisition or sale of all or most of the relevant business, with notice to the other party. Neither party is liable for delays caused by events beyond its reasonable control.

You agree that we may give you notices, disclosures and other communications about your account and these terms electronically, by email to your account email or in the Warden app, and that these satisfy any legal requirement that they be in writing. A notice by email is received when sent. Notices to us go to founders@deepvariance.com or by post to Deep Variance Inc., 447 Sutter St, Suite 506-1420, San Francisco, CA 94108, USA.

Questions about this page: founders@deepvariance.com