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Layers Terms Of Service

The following are the terms of a legal agreement between: (a) either you or the entity that you represent; and (b) Layers XYZ SRL, a company registered under the Romanian legislation with registration number J29/2637/2017, VAT number 38458901 and its subsidiaries and affiliates (“Layers").

Layers XYZ SRL. (“Layers”, “our”, “we”, or “us”) provides messaging, and other services to users around the world. Please read our Terms of Service so you understand how is it working. With your use of Layers you agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

You represent and warrant that you have the full authority to act on your behalf, on behalf of any organization you purport to represent, and on behalf of any and all owners of any right, title and interest in and to any Personal or Confidential Information (defined below) you post, submit, transfer, make available, or link to. You must be of the age of majority in Europe and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement.

About our services

Registration

You must register for our Services using accurate data, provide your current mobile phone number.  You agree to receive text messages, images, links or other features (from us or our third-party providers) with codes to register for our Services.

Address Book

You provide us the phone numbers of Layers users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Age

You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Privacy policy and user data

Layers cares about your privacy. Layers’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the Europe and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies

You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Layers, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Layers or Our Users

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure

You are responsible for keeping your device and your Layers account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Layers contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services

Licenses

Your Rights

Layers does not claim ownership of the information that you submit for your Layers account or through our Services. You must have the necessary rights to such information that you submit for your Layers account or through our Services and the right to grant the rights and licenses in our Terms.

Layers’s Rights

We own all copyrights, trademarks, domains, logos, trade

dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

Your License to Layers

In order to operate and provide our Services, you grant Layers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

Layers’s License to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Privacy Policy

Layers understands the importance to you of any personal or confidential information provided to Layers. Layers shall use reasonable endeavors to keep the personal or confidential information (“Personal or Confidential Information”) confidential and, except with the prior written consent, shall:

(a) not use or exploit the Personal or Confidential Information in any way except for the purposes of the Services;
(b) not disclose or make available the Personal or Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; and
(c) keep separate the Personal or Confidential Information from all documents and other records.

Personal or Confidential Information will not include information that: (a) is generally known in your industry; (b) is now or subsequently becomes generally available to the public through no wrongful act of Layers; (c) is independently created by Layers without direct or indirect use of the Personal or Confidential Information; or (d) Layers rightfully obtains from a third party who has the right to transfer or disclose it.

You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account at: support@layersapp.xyz

Layers is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Layers does not claim ownership of the materials you provide to Layers in any way and does not share those materials with third-parties. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting Layers, its subsidiaries or sub-licensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the rights to copy, distribute, transmit, reproduce, edit, translate and reformat your submitted material for the purpose of troubleshooting, support and testing.

With respect for your privacy your provided data are end to end coded into our sistem. Since we started Layers, we’ve aspired to build our Services with a set of strong privacy principles in mind.

Layers provides messaging, and other services to users around the world. Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building Layers so delivered messages aren’t stored and giving you control over who you communicate with on our Services.

Data Retention

The System will store your data as long as your account is current and active.

If you remove your data or cancel your account, the system will remove your data permanently from the primary database servers immediately.

On a nightly basis, we create a backup of all data in our system, which is retained for 30 days, after which it will be removed permanently from all our systems. This backup is for use by Layers only in the case of disaster recovery or to maintain business operations in the case of an emergency.

We will not accommodate requests for restoring data from our backup systems unless there is data loss due to a system or hardware failure on our part. No Exceptions.

Information We Collect

Layers receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.

Information You Provide

  • Your Account Information. You provide your mobile phone number to create a Layers account. You provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name and profile picture.
  • Your Messages. We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.
  • Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups, and such groups and lists get associated with your account information.
  • Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues at: support@layersapp.xyz

Automatically Collected Information

  • Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.
  • Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.
  • Device and Connection Information. We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.
  • We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide Layers for web and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. 
  • Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message.

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Layers XYZ trough it’s subsidiar Layers.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to support@layersapp.xyz

Enforcement of copyright

Layers takes the protection of its copyright very seriously.

If Layers discovers that you have used its copyright materials in contravention of the license above, Layers may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Layers copyright materials that contravenes or may contravene the license above, please report this by email to support@layersapp.xyz

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to support@layersapp.xyz

Prohibited Uses

You may use our site and Services only for lawful purposes. You may not use our site or Services in any manner that:

(a) breaches any applicable local, national or international law or regulation;
(b) in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) harms or attempts to harm minors in any way;
(d) will reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Layers; or
(e) will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Layers customer, employee, member, or officer

and any of the foregoing will result in immediate account termination.

You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that you will not disrupt the functioning of the site, in any manner.

Permission

Layers grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory;
  • print pages from this website for your own (personal and non-commercial) use.

Layers does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Layers XYZ SRL’S prior written permission.

General

This agreement shall at all times and in all respects be governed and construed in accordance with the laws of European legislation.

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the provisions that most closely match the intent of the original provision and the remainder of the agreement shall continue in effect.

Layers reserves the right to revise from time to time the Terms of Use and Privacy Policy. Please check the Terms of Use and Privacy Policy periodically for changes. Your continued use of this site and the Services following the posting of any changes to the Terms of  Service and Privacy Policy constitutes your acceptance of those changes.

Unless otherwise indicated, this agreement constitutes the entire agreement between you and Layers.

This agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of Layers.

 

Last updated: 09.03.2018

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