1. What this is
These Early Access Terms are the agreement between Whatap Global Inc. ("Virca," "we," "us") and the organization using Virca ("you") during early access.
Virca is early-access software. It is not generally available, it is provided at no charge, and it may change or stop at any time. By creating a Virca account, or by installing the Virca Agent on any host, you accept these Terms and the Virca Privacy Policy. If you are accepting on behalf of an organization, you confirm you may bind it. If you do not accept, do not install the Agent. You are using Virca for business purposes, not as a consumer.
2. No charge, and what happens when that changes
There is no fee for Virca during early access. We may introduce fees later. If we do, we will give you at least thirty (30) days' written notice before any fee takes effect, and any fee will apply only from its effective date forward — nothing you used during early access will be billed retroactively. If you do not want to pay, you can stop using Virca before the effective date.
No SLA. There is no uptime commitment and no service credit during early access. Virca may be interrupted, degraded, changed or withdrawn without notice.
3. What Virca does, and where the line is
Virca watches hosts you connect, raises events from rules you configure, and runs actions on those hosts — only from the set you approved, and only on the hosts you assigned.
Approval happens before anything can run. Before an action can execute, Virca shows you the commands it contains and the hosts it is assigned to, and you confirm it. Where you then bind that action to a rule, that confirmation is your approval of each later run of that action within the scope you assigned. Where you instead mark it as requiring approval at run time, each run additionally needs your approval at the moment it runs. Anything outside the set you approved stops and asks.
Approval given in advance is approval — it is not unattended operation. You remain responsible for reviewing and maintaining what you approved. The record of every execution exists for that purpose. Virca provides no mode in which it selects and runs an action outside your approved set on its own determination.
4. What you are responsible for
Your account and your action set
Everything done under your account, by anyone you give access to. Reviewing your approved action set, and deciding whether each action suits your environment and your risk tolerance — including which may run without a person, and on which hosts.
Grading commands honestly
Where you add a command of your own, the risk level you declare for it is what the safety gate reads. A command that can destroy state, declared as routine, will be treated as routine.
Testing, and reading the record
Testing actions somewhere that is not production before you let them run in production, and reviewing the execution record to confirm actions ran as you expected.
Who can approve
Keeping your own credentials, hosts, networks and approval channels secure. Anyone who can reach a channel you configured for approvals can approve an action; controlling who that is, is yours.
Any AI client you connect
The tokens you issue it, who can use it, the model it runs on, and the content it acts on. A request that reaches Virca using credentials issued under your account is your request, and we are entitled to treat it as authorized.
What you keep alongside it
Virca detects the conditions your rules cover. It does not detect every failure — in particular, a host that stops reporting altogether produces no data, and a rule with no data does not fire. Keep whatever you need in order to catch what Virca does not.
5. The Agent, and what installing it means
The Virca Agent runs on hosts you control. By installing it you acknowledge that it is installed with administrative privileges and runs with them, and approved commands execute with those privileges on the host; that it collects operational data and sends it to Virca over a connection the Agent itself opens outbound, with no inbound connection into your environment; that credentials used to execute commands stay on your hosts and are not stored on Virca's servers; that installing, configuring, updating and removing the Agent is your responsibility, as is confirming that doing so is permitted in your environment; and that nothing executes while the Agent is disconnected, because every action is dispatched from Virca's side. You can remove the Agent at any time.
6. Your data
You own the data your hosts send. You grant us the limited right to process it to run the Service for you, as described in the Privacy Policy. We do not use it to train general-purpose AI models made available to anyone else. We may derive aggregated, de-identified statistics across customers — from which no customer, person or host can reasonably be identified — and use those for product work.
Anything you write in Virca — your actions, your rules, the functions your engineers add for your own environment — is yours, stays in your workspace, and does not flow into a shared library.
7. Acceptable use
Do not use Virca to break the law, to reach systems you are not authorized to manage, to transmit malicious code, to reverse engineer the Service, to resell or sublicense it, or to build a competing product. Do not publish benchmarks or comparative analyses of Virca without our written agreement.
Not for high-risk use. Virca is not designed or licensed for use in life-support, medical devices, emergency dispatch, nuclear facilities, aircraft or air-traffic systems, or weapons systems, or anywhere failure of an action could cause death, injury, or severe physical or environmental harm. Do not use it there.
We may suspend access immediately if we reasonably believe your use creates a security risk, breaks the law, or materially breaches these Terms. We will tell you promptly and restore access when the concern is resolved.
8. Our intellectual property
Virca owns the Service, the Agent and everything in them. You get a limited, non-exclusive, non-transferable right to use the Service during early access, and nothing more. Feedback you give us, we may use freely.
9. No warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND SECURITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VULNERABILITIES.
AI-GENERATED DRAFTS, ANALYSES AND SUGGESTED ACTIONS ARE PRODUCED ALGORITHMICALLY FROM WHAT THE AGENT CAN SEE. THEY MAY BE INCOMPLETE, WRONG, OR UNSUITABLE FOR YOUR ENVIRONMENT. VIRCA DOES NOT WARRANT THAT AN ACTION WILL RESOLVE AN INCIDENT, THAT ANY CHECK THE SERVICE RUNS AFTER AN ACTION WILL CORRECTLY DETERMINE THAT A CONDITION IS RESOLVED, OR THAT AN ACTION WITHIN YOUR APPROVED SET WILL NOT HAVE UNINTENDED EFFECTS ON YOUR SYSTEMS.
Virca is not a substitute for the judgment of your engineers. Do not make it your only safeguard against failure, data loss or a security incident.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE. VIRCA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO EARLY ACCESS — INCLUDING ANY INDEMNITY OBLIGATION — WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID VIRCA AND TEN THOUSAND US DOLLARS (US $10,000).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRCA IS NOT LIABLE FOR LOSS, DAMAGE OR DISRUPTION ARISING FROM THE EXECUTION OF COMMANDS YOU APPROVED, OR THAT FALL INSIDE THE BOUNDARY YOU CONFIGURED, except to the extent it is finally determined to have resulted from Virca's gross negligence or willful misconduct.
These limits do not apply to your obligations under section 11, to either party's gross negligence, willful misconduct or fraud, to your breach of section 7, or to any liability that cannot be limited under applicable law.
11. Indemnity
You will defend and hold Virca harmless from third-party claims arising out of your use of the Service, your approved action set and what it executed, requests made under your account, your data, your infrastructure, or your breach of these Terms or of applicable law.
12. Ending it
Either of us may end this at any time, for any reason, with no notice period and no liability for doing so — that is what early access means. When it ends: your access stops; you should remove the Agent from your hosts; and you may ask us for a copy of your data. We will delete your data on request, and otherwise as described in the Privacy Policy, except where the law requires us to keep it. Sections 6, 8, 9, 10, 11 and 13 survive.
13. General, and contact
If we start charging, a full service agreement will replace these Terms for the paid service, on the notice described in section 2.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law principles. Disputes are resolved as set out in the Virca Terms of Use section 9, including good-faith escalation, binding individual arbitration before JAMS in San Francisco, California, and a waiver of class or representative actions.
You may not assign these Terms; we may, in connection with a merger, acquisition or sale of substantially all of our assets. Neither party is liable for delays caused by events outside its reasonable control. If a provision is unenforceable it is narrowed to the minimum extent needed, and the rest continues. We are independent parties, and no one other than you and us gains any right under these Terms. We will not name you publicly as a user without your written agreement. Notices to us: ask@virca.ai. Notices to you: the email address on your account — keep it current.