legal / terms and-conditions

Terms and Conditions

Last Updated: August 9, 2023

1. Introduction

Welcome to Layers, a community and platform designed for creative minds and designers. These Terms and Conditions ("Terms") outline the rules and guidelines that govern your use of the Layers platform and its services. By accessing or using our platform, you agree to abide by these Terms. Please take the time to read them carefully.

Layers provides a space for designers to showcase their work, interact with other designers, collaborate on projects, and discover inspiration. Whether you're an individual designer, part of a team, or representing a company, these Terms apply to your usage of the platform.

These Terms also cover important aspects such as our premium subscription services, team accounts, the jobs board, and more. We're committed to maintaining a positive and respectful environment for all users, fostering creativity, collaboration, and growth within the design community.

Please note that your use of Layers is also governed by our Privacy Policy and Cookie Policy, which detail how we collect, use, and protect your personal information. By using Layers, you acknowledge that you have read and understood these documents.

If you have any questions or concerns about these Terms, our Privacy Policy, Cookie Policy, or any aspect of your experience on Layers, please don't hesitate to contact us. Your participation in our community and your compliance with these Terms play a crucial role in ensuring that Layers remains a vibrant and productive platform for designers worldwide.

Thank you for joining our creative journey. Let's build, inspire, and create together on Layers!

2. User Accounts

2.1 Registration and Eligibility:

To access and utilize the features of Layers, you must create a user account. By registering, you represent and warrant that you are at least 18 years old or have the legal capacity to enter into a binding agreement in your jurisdiction. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.

2.2 Account Responsibilities:

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. Any activities that occur under your account are your responsibility. You agree to notify us immediately of any unauthorized use or breach of security related to your account.

2.3 Termination and Suspension:

We reserve the right to suspend or terminate your account, or restrict your access to Layers, at our discretion and without prior notice, if we believe you have violated these Terms or engaged in activities that are harmful to the platform or other users. We may also take action if required by law or in response to complaints regarding your behavior.

2.4 User Content Management:

You retain ownership of any content you post on Layers, including design work, comments, and messages. However, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content for the purpose of operating and promoting the platform.

2.5 Account Deactivation:

If you wish to deactivate your account on Layers, please contact us through the provided channels. Please note that even after deactivation, certain content you have posted may still be visible to others, and we may retain your account information in accordance with our Privacy Policy.

3. Platform Usage

3.1 Content Sharing and Interactions:

Layers provides a platform for you to share your design work, comment on other designers' work, and engage in creative discussions. By participating, you agree to be respectful and constructive in your interactions with other users. You acknowledge that any content you post or share on Layers, including comments, messages, and profile information, is subject to the guidelines outlined in our Code of Conduct.

3.2 Intellectual Property Rights:

You retain all intellectual property rights to the design work and content you upload to Layers. By posting content, you grant other users the right to view, comment, and engage with your work as per the platform's features. You also acknowledge that Layers may use aggregated and anonymized data for analytical and research purposes, while ensuring individual user privacy.

3.3 Prohibited Content:

You agree not to upload, post, or share any content that is illegal, infringing, discriminatory, harmful, or violates any third-party rights. This includes, but is not limited to, content that contains hate speech, explicit material, spam, viruses, or misleading information.

3.4 Content Moderation:

Layers reserves the right to monitor and moderate user-generated content to ensure compliance with our guidelines and policies. We may remove or modify content that we consider inappropriate or in violation of our Terms, without prior notice.

3.5 Third-Party Links:

Users may provide links to external websites or resources within their content. Layers is not responsible for the content, accuracy, or availability of these external links. Clicking on third-party links is done at your own risk, and you should review the terms and policies of those websites.

3.6 Third-Party Services:

By using Layers, you acknowledge that we may use third-party services such as Sentry for error tracking and Posthog for analytics to ensure the stability and performance of our platform. These services help us identify and address technical issues and provide us with insights into how our platform is being used. Please note that the information collected through these services is used solely for technical and analytical purposes and is not shared with third parties for marketing or advertising.

3.7 Platform Disruptions:

While we strive to maintain the availability and reliability of Layers, we cannot guarantee uninterrupted service. We are not liable for any loss or damage resulting from platform disruptions, technical issues, or downtime.

3.8 User Feedback and Suggestions:

We welcome your feedback and suggestions regarding the platform's features and improvements. By providing feedback, you grant us the right to use and implement your suggestions without any obligation to compensate you.

4. Premium Subscription (Layers Plus)

Subscription Plans:

Layers offers premium subscription plans known as "Layers Plus," which provide enhanced features and benefits. Details of the Layers Plus subscription plans, including features and pricing, can be found on the Layers website.

Payment Processing by Stripe:

Payment for Layers Plus subscriptions is processed by a third-party payment service provider, Stripe. By subscribing to Layers Plus, you acknowledge and agree to Stripe's terms of service and privacy policy in addition to these Terms.

Payment Terms:

By subscribing to Layers Plus, you agree to pay the recurring subscription fees as indicated on the platform. These fees will be charged on a monthly basis or according to the billing cycle chosen during the subscription process. You authorize Layers to charge your chosen payment method through the Stripe service for the subscription fees.

Cancellation and Refunds:

You may cancel your Layers Plus subscription at any time by accessing your account settings on Layers. Subscription fees are non-refundable, even if you choose to cancel your subscription before the end of the billing cycle. Your Layers Plus subscription will remain active until the end of the current billing period.

Changes to Subscription Plans:

Layers reserves the right to modify or discontinue Layers Plus subscription plans, features, or pricing at our discretion. We will provide notice of any changes to Layers Plus subscription plans in advance.

Renewal and Auto-Renewal:

Unless you cancel your Layers Plus subscription before the end of the billing cycle, your subscription will automatically renew for the same duration and at the then-current subscription rate. You agree that Layers is authorized to charge your payment method through the Stripe service for the renewal fees.

5. Team Accounts

5.1 Introduction to Team Accounts:

Layers offers team accounts for companies and brands to collaborate within the platform. Team accounts provide enhanced capabilities for members of a team to work together, share content, and manage their collective presence on Layers.

5.2 Team Administrator Responsibilities:

The team administrator, designated during the setup of a team account, has additional responsibilities and privileges. Administrators can invite team members, manage permissions, and oversee the team's activity. Team administrators are responsible for ensuring that team members abide by the platform's terms and guidelines.

5.3 Team Member Roles:

Members within a team account have varying levels of access and privileges. While some members may have full access to all features, others may have limited access based on the administrator's decisions.

5.4 Collaboration within Teams:

Team members can collaborate on projects, share content, and contribute to discussions within the team environment. Content shared within a team may be visible only to team members or to the wider Layers community, depending on the team's settings.

5.5 Interaction with the Wider Community:

Team accounts have the option to interact with the broader Layers community while representing their brand or company. It's important for team members to engage in a respectful and constructive manner when interacting with individual designers and other teams.

5.6 Content Ownership and Sharing:

Content posted by team members remains the intellectual property of the individual creators. However, by sharing content within a team account, team members grant their team and Layers the right to use and display the content in accordance with the platform's features.

5.7 Team Account Termination:

Layers reserves the right to suspend or terminate a team account if the team or its members violate these Terms, engage in harmful behavior, or breach the platform's guidelines. Termination of a team account may also result in the loss of access to premium features if applicable.

6. Jobs Board

6.1 Introduction to the Jobs Board:

The Jobs Board on Layers provides a platform for users to post job listings and opportunities related to the design industry. Whether you're looking to hire talented designers or seeking new opportunities, the Jobs Board is a space for connecting talent with opportunities.

6.2 Posting Jobs:

Users can post job listings on the Jobs Board, describing the role, responsibilities, qualifications, and application process. When posting jobs, users must provide accurate and complete information to ensure transparency and quality in the job listings.

6.3 Applying for Jobs:

Users interested in applying for jobs posted on the Jobs Board must follow the application instructions provided in the job listing. The application process may involve submitting a portfolio, resume, cover letter, or other relevant materials.

6.4 Third-Party Listings:

The job listings on the Jobs Board are provided by users and organizations, not by Layers. We do not endorse or guarantee the accuracy, legitimacy, or quality of the job listings. Users are encouraged to exercise their judgment and conduct due diligence when considering job opportunities.

6.5 Content Moderation:

Layers reserves the right to review and moderate job listings to ensure compliance with our guidelines and policies. We may remove or modify job listings that are inaccurate, inappropriate, or violate these Terms.

6.6 Liability and Disclaimers:

Layers is not responsible for the outcomes of job applications, hiring decisions, or interactions between users related to job listings. We do not provide any guarantees regarding the suitability or success of job opportunities posted on the Jobs Board.

6.7 User Responsibilities:

Users posting jobs must adhere to applicable employment laws, regulations, and fair hiring practices. Discriminatory, misleading, or false job listings are strictly prohibited.

7. Limitations of Liability

7.1 Platform Disclaimer:

Layers is provided on an "as is" and "as available" basis. We do not guarantee that the platform will be error-free, secure, or continuously available. While we strive to provide a positive user experience, we are not responsible for any interruptions, technical issues, or inaccuracies that may occur.

7.2 User Interaction:

Layers provides a platform for users to interact, share content, and collaborate. We are not responsible for the actions, statements, or behavior of individual users. Users are solely responsible for their interactions and communications on the platform.

7.3 Third-Party Services:

Layers may include links to third-party websites, applications, or services. We are not responsible for the content, accuracy, or security of these external services. Clicking on third-party links is at your own risk, and you should review the terms and policies of those services.

7.4 Content Accuracy:

Layers cannot guarantee the accuracy, completeness, or reliability of user-generated content, including comments, job listings, and design work. Users should exercise their own judgment when relying on information provided by other users.

7.5 Intellectual Property Claims:

While we strive to respect intellectual property rights, Layers is not liable for any claims of copyright infringement, trademark violation, or other intellectual property disputes related to user-generated content.

7.6 Consequential Damages:

To the extent permitted by applicable law, Layers and its affiliates shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with your use of the platform.

7.7 Indemnification:

You agree to indemnify and hold Layers harmless from any claims, demands, liabilities, damages, losses, and expenses arising out of your use of the platform, violation of these Terms, or infringement of any rights of another party.

8. Dispute Resolution

8.1 Informal Resolution:

In the event of a dispute, we encourage users to first attempt to resolve the matter through direct communication with the other party involved. Many conflicts can be resolved amicably through open dialogue.

8.2 Mediation:

If direct communication does not lead to a resolution, both parties agree to participate in non-binding mediation. Mediation involves the assistance of a neutral third party to facilitate communication and find a mutually acceptable solution.

8.3 Arbitration:

If mediation is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or your use of Layers shall be resolved through binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of a reputable arbitration organization chosen by mutual agreement.

8.4 Waiver of Class Actions:

You and Layers agree that any arbitration or dispute resolution shall occur on an individual basis and not as part of a class, consolidated, or representative action. Both parties waive their right to participate in class actions or representative proceedings.

8.5 Governing Law:

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the jurisdiction of such courts.

9. Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the United Kingdom. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located within the United Kingdom, and you consent to the jurisdiction of such courts.

9.1 Miscellaneous

9.1.1 Entire Agreement:

These Terms, along with our Privacy Policy and any additional guidelines or policies posted on Layers, constitute the entire agreement between you and Layers with respect to your use of the platform.

9.1.2 Severability:

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

9.1.3 No Waiver:

The failure of Layers to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.

9.1.4 Assignment:

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Layers. Layers may freely assign or transfer its rights and obligations under these Terms.

9.1.5 Changes to Terms:

Layers reserves the right to modify, update, or change these Terms at any time. Changes will be effective upon posting on the platform. It is your responsibility to review these Terms periodically for any updates.

10. Contact Us

If you have any questions, concerns, or inquiries about these Terms and Conditions, our Privacy Policy, or any aspect of your experience on Layers, please feel free to contact our customer support team at support@layers.to. We are here to assist you and provide further clarification as needed.