Terms and Conditions

Thanks for using Layered Market! These Terms of Service (“Terms”) cover your use of and access to our services, client software and websites ("Services"). Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms and our Privacy Policy.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your content, messages, contacts and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 years old or, in some cases, older. If you live in France, Germany or the Netherlands, you must be at least 16 years old. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you cannot use the Services.

Software

Some of our Services allow you to download client software (“Software”) which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source licence, we’ll make that licence available to you and the provisions of that licence may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone to do so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked as beta, preview, early access or evaluation (or words or phrases with similar meanings) and may not be as reliable as Layered’s other services, so please bear that in mind.

Our Stuff

The Services are protected by copyright, trademark, and other European and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Layered trademarks, logos and other brand features. We welcome feedback, but please note that we may use comments or suggestions without any obligation to you.

Subscriptions

Billing. Some of our plugins can be used by subscribing to our paid plans. We’ll automatically bill you when the premium plugins are purchased. If you subscribed on an annual plan, we’ll send you a notice email reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

Downgrades. Your Paid Subscription will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Subscriptions on time, we reserve the right to suspend it or reduce functionality.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Returns and refunds. We do not issue refunds for digital products once the order is confirmed and the product is sent. We can issue a refund if there is a technical problem with a product you purchased, and the shop owner is unable to help resolve the matter, or if there was a misrepresentation in the product’s description. There is no obligation to provide a refund or credit in situations like the following:

• you have changed your mind about an item;
• you bought an item by mistake;
• you do not have sufficient expertise to use the item;
• you ask for goodwill.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Links to other web sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Layered.

Layered has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Layered shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

1. you’re in breach of these Terms,
2. you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you, and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

1. you’re in material breach of these Terms,
2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
3. we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond Layered’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, LAYERED AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO – THIS INCLUDES ANY LIABILITY FOR LAYERED’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSION AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, LAYERED, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT LAYERED OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, LAYERED, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. LAYERED AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF €1 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH LAYERED.

Resolving Disputes

Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against Layered, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Layered may bring a formal proceeding.

Entire Agreement

These Terms constitute the entire agreement between you and Layered with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability & Assignment

Layered’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Layered may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

1. changes to the law,
2. new regulatory requirements, or
3. improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a pro rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Updated 1 October 2018