Terms of Service

Last updated: October 1st, 2026

1. Overview

Welcome to the VAROLO related products/services (hereinafter referred to as "VAROLO") provided by OKAI GmbH , a company incorporated in the Germany, whose registered number is HRB 104896, located at Niederkasseler Lohweg 189, 40547 Düsseldorf, Germany (hereinafter referred to as "we," "us," or "the Company") . 

These Terms constitute a legally binding agreement between you and us governing the access and use of the websites including but not limited to https://www.varologear.com and any of their subdomains (collectively, the "Site"), and any related mobile application (the "App") and services offered through the Site or App (collectively, the "Services").

By accessing or using the Site, App, or Services, you ("you" or "user") agree to be bound by these Terms. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you disagree with any part of these Terms, then you may not access or use the Site, App, or Services.

If you are a user residing in an EU member state, your legal rights as a consumer are not affected by this agreement.

2. Modification of Terms

2.1 Right to Modify

We reserve the right to update these Terms at any time and for any reason at our sole discretion.

2.2 Notice of Material Changes

If material changes are made to this Agreement (for example, changes affecting your rights or increasing your obligations), we will notify you in advance by one of the following means:

- In-app notification
- The email address you provided during registration
- A notice on our Site

2.3 Your Options

If you do not agree to the changes, you have the right to cease using the Services and deactivate your account at any time. Your continued use of the Services after such changes take effect constitutes your agreement to be bound by the updated Agreement.

3. Eligibility

By using the Services, you represent and warrant that you are at least 16 years of age. If you are between the age of 16 and 18, you represent that you have obtained the consent of your parent or legal guardian to use the Services and agree to these Terms. If you are under 16, please do not use the Services. 

4. Privacy Policy

Your submission of personal information through the Services is governed by our Privacy Policy, which is expressly incorporated into these Terms by this reference. 

5. Account Registration and Use

5.1 Account Creation

To access certain features of the Services, you may be required to create an account. You undertake to:

- Provide registration information that is true, accurate, and complete in all respects
- Promptly update your information to maintain its accuracy

5.2 Account Security

You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. If you discover any unauthorized use of your account, you must notify us immediately.

5.3 Account Termination

We reserve the right to suspend or terminate your account in the following circumstances:

- You violate any provision of this Agreement
- We reasonably suspect that your account is being used for illegal or unauthorized activities
- Any other circumstances that we, in our sole discretion, deem necessary

Where feasible, we will notify you before taking action and provide you with a reasonable opportunity to explain or remedy the situation.

Account termination may include: cancellation of your access to all features within the Services; deletion of information, files, and content associated with your account.

You agree that all suspensions or terminations of service for cause shall be at our sole discretion, and we shall not be liable to you or any third party for any suspension or termination of your account or access to or use of the Application.

6. License Grant

Subject to your agreement and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited license to:

- Access and use the Services for your personal and non-commercial use only
- Download, install, and use the app on mobile devices owned or controlled by you

We reserve the right to revoke this license at any time in our sole discretion if you violate any provision of these Terms.

7. Use Restrictions

You shall not:

7.1 Illegal Use

Use the Services for any unlawful purpose or in any manner that violates applicable laws. "Applicable laws" include the laws of the country or region where you reside, as well as the laws and regulations of the European Union (where applicable).

7.2 Infringement

Infringe upon our or any third party's intellectual property rights, privacy rights, or other rights. This includes, without limitation: copying, modifying, licensing, producing, reproducing, selling, leasing, transferring, distributing, or using any part of the Services for any other commercial purpose in any form or manner; using this product for the purpose of creating identical or competing services; removing or destroying any copyright notices or other proprietary markings contained in this product.

7.3 Abuse of Services

- Interfere with or disrupt the Services or the servers and networks connected to the Services
- Attempt to gain unauthorized access to any part of the Services
- Transmit any virus, malicious code, or other harmful technology
- Collect or track personal information of others

7.4 Reverse Engineering

Reverse compile, disassemble, reverse engineer, or attempt to derive the source code of the App or any software forming part of the Services.

8. User Content

8.1 Content Ownership

Any content that you submit, upload, or post through the Services (hereinafter referred to as "User Content") belongs to you.

8.2 Content License

By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, store, and display your User Content, but solely to the extent necessary to provide you with the Services. This license does not grant us the right to use your User Content for marketing or other unrelated purposes without your separate consent.

8.3 Content Responsibility

You bear full responsibility for your User Content. You represent and warrant that you own or have obtained the necessary rights to provide your User Content, and that your User Content does not infringe upon the rights of any third party.

9. Intellectual Property Rights

The Services (excluding your User Content) and all related rights therein, including but not limited to software, designs, text, images, audio, video, and compilations contained therein, are owned by us or our licensors and are protected by Chinese and international copyright laws, trademark laws, and other intellectual property laws.

Without our express written consent, you may not copy, modify, distribute, sell, or rent any part of the Services. All trademarks, service marks, logos, and trade names appearing on the Services are our property or the property of their respective owners.

10. Online Store Terms

10.1 Product Availability and Pricing

All products and services offered on the Site are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without prior notice, even if you have already placed an order.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

Prices for our products and services are subject to change without notice.

We reserve the right to modify or discontinue any product or service (or any part or content thereof) without notice at any time.

10.2 Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

10.3 Payment

By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize our third-party payment processor to charge your payment card for the total amount of your order (including all applicable taxes and other charges).

If the payment information you provide is rejected or we cannot otherwise process your transaction, your order may be cancelled, suspended, or delayed. It is your responsibility to resolve any payment problems we encounter while processing your order.

10.4 Shipping

Prices for our products and services do not include shipping and handling costs or applicable taxes unless otherwise stated.

Our delivery charges and methods are as described on the Site and may vary depending on your location.

We will make reasonable efforts to ensure timely shipment of your order. However, the delivery dates provided are estimates only. We are not responsible for delays caused by the carrier after the product has been dispatched.

International Orders: If you are shipping to a destination outside of the EU, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You are responsible for these charges.

10.5 Returns

We want you to be completely satisfied with your purchase. If for any reason you are not satisfied, you may return your purchase for a refund within 30 days of the delivery date. Please see our Return Policy  for details.

Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

10.6 Limited Warranty

We offer a limited warranty against manufacturing defects in materials and workmanship, lasting two (2) years for the European Union, the United Kingdom, and Norway, and one (1) year for the rest of the world, starting from the original date of purchase as defined in our Warranty Policy.

VAROLO gives no warranty regarding the life of the batteries used in its products. Actual battery life may vary depending on a number of factors, including the configuration and usage of a product.

In the case of non-functional LEDs on the helmet, VAROLO will issue a replacement if there is are any LEDs that are dead on arrival up to a period of 30 days. Beyond this period any helmet with defective LEDs will be fixed or replaced according to our warranty policy.

Please see the Warranty Policy for more details.

11. Third Parties

11.1 Certain services within the Services may be provided based on third-party technical support.

11.2 The Services may contain information and services from third parties, which we provide solely for your convenience or to fulfill commitments and assurances to third parties. These third-party services are operated independently, and we are not responsible for their content, functionality, or privacy practices. Your access to or use of any third-party services is at your own risk and subject to their respective terms.

12. Service Availability and Termination

12.1 Service Availability

We are committed to maintaining the stable operation of the Services, but we cannot guarantee that the service will never be interrupted or error-free.

12.2 Service Changes

We are constantly improving our product and may update, modify, or discontinue certain features from time to time. If we decide to terminate the core services of the Services, we will notify you in advance through reasonable means to allow you sufficient time to back up your User Content.

12.3 Termination of Agreement

This Agreement shall take effect upon your acceptance and shall remain in force throughout your use of the Services until terminated in accordance with this Agreement. 

We may terminate your access to the Services at any time if you materially breach these Terms and fail to remedy that breach within 14 days of our notice to you. 

Upon termination of this Agreement, your right to use this Application shall cease immediately.

13. Disclaimer

The Services are provided "as is" and "as available." to the maximum extent permitted by law. We make no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable to you for any indirect, incidental, special, or consequential damages arising from your use of or inability to use the Services

If the jurisdiction in which you are located does not permit certain disclaimers, exclusions, or limitations, then some or all of the disclaimers, exclusions, or limitations in this clause may not apply to you. Only to the extent that any disclaimer, exclusion, or limitation in this clause does not apply to you shall all other applicable disclaimers, exclusions, and limitations continue to apply to your use of this Service and Content.

15. Indemnification

We reserve the exclusive right to defend and claim indemnification for any complaints, litigation, losses, damages, liabilities, costs, and expenses from third parties arising from your use of the Services.

You agree that, unless you obtain our written consent, you may not unilaterally settle any litigation jointly brought by you and us against a third party. We will use reasonable efforts to notify you of any such litigation, legal action, or proceeding.

16. Governing Law and Dispute Resolution

16.1 The interpretation, validity, and performance of this Agreement shall be governed by the laws of Germany without regard to its choice of laws provision.

16.2 Any dispute arising out of or in connection with this Agreement shall be exclusively submitted to the courts located in Dusseldorf, Germany for final resolution through litigation.

16.3 For users residing within the territory of an EU Member State, the local laws of the EU Member State in which you are located may permit you to bring legal proceedings within that Member State and to invoke certain local laws.

17. Miscellaneous Provisions

17.1 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding matters relating to the Services and supersedes all prior communications, whether oral or written.

17.2 Severability

If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, without affecting the validity of the remaining provisions.

17.3 Assignment

You may not assign any of your rights or obligations under this Agreement without our written consent. Any attempted assignment in violation of the foregoing shall be void.

17.4 No waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.5 Force Majeure

We shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, or labor disputes.

18. Legal Disclaimer