Terms of Service

Notice and Acceptance

These Terms of Service form a binding contract between you and LayerV, Inc. (“LayerV,” “we,” “us,” or “our”). By (a) clicking any “I agree,” “Accept,” or similar button presented in connection with LayerV's services, (b) installing, invoking, or interacting with the LayerV Discord Bot or LayerV Slack Bot, (c) registering for, requesting, or using a LayerV API key, software development kit (SDK), or developer credential, or (d) otherwise accessing or using any LayerV service, website, or developer offering, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree, do not access or use LayerV services.

1. Acceptance of Terms

By accessing or using LayerV services, you agree to be bound by these Terms of Service (“Terms”). These Terms apply to all users of our services, including visitors, registered users, Early Access participants, users of the LayerV Discord Bot, LayerV Slack Bot, and any other LayerV bot or integration offered through a third-party communication platform, and users of the LayerV API and SDK. Please also review our Privacy Policy, which governs how we collect and use your information.

2. Description of Services

LayerV provides network security solutions based on the OpenNHP (Network Hiding Protocol) standard developed by the Cloud Security Alliance. Our services include:

• Infrastructure cloaking and network hiding
• Identity based access control integration
• Single Packet Authorization (SPA) technology
• Related security monitoring and management tools
• The LayerV Discord Bot (including the qURL Bot), the LayerV Slack Bot, and any other LayerV bot or integration that LayerV makes available through a third-party communication platform (collectively, the “Bot”). The Bot allows authorized users to share images, files, links, and other content using qURL cryptographically identity-bound ephemeral access tokens. The Bot is currently offered as a Beta service and is subject to the additional terms in Section 27, which apply to any successor commercial release of the Bot unless LayerV expressly designates otherwise in updated terms.
• The LayerV API, software development kits (SDKs), developer libraries, and related developer tooling (collectively, the “Developer Offerings”), which are subject to the additional terms in Section 28.
• LayerV browser extensions, including the qURL Gmail extension (collectively, the “Extensions”), which integrate qURL functionality into third-party applications such as Gmail. Each Extension has its own dedicated privacy policy describing the data processed by that Extension. Use of an Extension is subject to these Terms together with the Extension's privacy policy; in the event of conflict between these Terms and an Extension's privacy policy with respect to data processed by that Extension, the Extension's policy controls for matters specific to it.

Service availability, features, and performance may vary based on your subscription tier and configuration.

3. Shared Responsibility Model

Security is a shared responsibility between LayerV and our customers.

LayerV is responsible for:

• Maintaining the security of our platform infrastructure
• Providing secure service endpoints
• Implementing and updating security protocols
• Monitoring for platform level threats

Customers are responsible for:

• Proper configuration and deployment of LayerV services
• Managing user access and credentials within their organization
• Maintaining security of their own infrastructure and endpoints
• Implementing appropriate internal security policies
• Keeping integration software and dependencies updated

4. Security Limitations and Disclaimers

No Absolute Security Guarantee. While LayerV employs industry-leading security measures, no security solution can guarantee absolute protection against all threats. Sophisticated attackers, zero day vulnerabilities, and evolving threat landscapes mean that security requires ongoing vigilance.

Scope of Protection. LayerV's network hiding and cloaking services protect against reconnaissance and unauthorized network access. They do not protect against:

• Threats originating from within your authorized network
• Social engineering attacks targeting your employees
• Vulnerabilities in your application code or configurations
• Physical security breaches
• Compromised credentials from your identity provider

LayerV should be part of a comprehensive, defense-in-depth security strategy, not a standalone solution.

5. Third Party Integrations

LayerV integrates with third-party identity providers (such as Okta, Azure AD, and other SAML/OIDC providers) and infrastructure platforms. You acknowledge that:

• Third party services are governed by their own terms and privacy policies
• LayerV is not responsible for the availability, security, or performance of third-party services
• Compromised credentials or vulnerabilities in third-party systems are outside LayerV's control
• You are responsible for properly configuring integrations according to our documentation

We recommend reviewing the security practices of any third-party services you integrate with LayerV.

6. Security Incident Notification

In the event of a security incident materially affecting your data or access to our services, LayerV will provide notice to affected customers without undue delay after confirming the incident. Notice will be sent by reasonable means including email to the administrative contact on file, in app notice through our service dashboard where applicable, or other commercially reasonable methods. Notice will describe the nature of the incident, affected systems where known, and recommended remediation steps to the extent that disclosure does not compromise an ongoing investigation. LayerV will cooperate with customers' incident response processes as reasonably requested.

Customers must maintain current contact information to receive security notifications. For urgent security matters, contact security@layerv.ai.

7. Security Testing and Responsible Disclosure

Authorized Testing. Customers may conduct security testing (including penetration testing and vulnerability assessments) of their own LayerV protected infrastructure. Testing must be limited to resources under your control.

Prohibited Testing. You may not perform security testing against LayerV's shared infrastructure, management consoles, or other customers' environments without prior written authorization.

Responsible Disclosure. If you discover a security vulnerability in LayerV's systems, the Bot, the Developer Offerings, or any other LayerV product, you must report it to LayerV at security@layerv.ai before publicly disclosing or otherwise sharing the vulnerability. You agree to provide LayerV a reasonable period (typically 90 days) to remediate before public disclosure. LayerV will not pursue legal action against good-faith security researchers who comply with this responsible disclosure process.

8. Early Access Program

Participation in our Early Access Program is subject to approval and additional terms. Early access participants agree to:

• Provide feedback on product functionality and user experience
• Maintain confidentiality of non-public features and information
• Use the service only for evaluation and testing purposes
• Report any security vulnerabilities through our responsible disclosure program
• Acknowledge that Early Access features may change or be discontinued

Early Access services are provided without service level guarantees. Production use during Early Access is at your own risk.

9. Acceptable Use Policy

You agree to use LayerV services only for lawful purposes. The following activities are strictly prohibited.

Prohibited Uses (Infrastructure and Platform):

• Using LayerV to hide infrastructure used for illegal activities, including malware distribution, phishing, fraud, or cyberattacks
• Circumventing security controls or access restrictions on systems you are not authorized to access
• Using the service to evade law enforcement or regulatory oversight
• Distributing spam, malware, or other harmful content through LayerV protected systems
• Reselling or redistributing LayerV services without authorization
• Attempting to reverse engineer, decompile, or extract source code from our platform (except as expressly permitted by Section 27.4, Section 28, or by mandatory provisions of applicable law that cannot be contractually waived)
• Interfering with or disrupting the integrity or performance of our services
• Using automated systems to abuse or overload our APIs beyond reasonable usage patterns or published rate limits

Prohibited Content and Conduct (All Services, Including the Bot and Developer Offerings). In addition to the prohibitions above, you may not use any LayerV service to upload, transmit, share, store, link to, or otherwise process content that:

• Constitutes child sexual abuse material (“CSAM”) or any content sexualizing minors in any form (see Section 27.13 for LayerV's reporting practices)
• Constitutes non-consensual intimate imagery, “revenge pornography,” or sexual imagery of any person who has not provided express, current, documented consent to that specific use
• Depicts or promotes graphic violence, gore, animal cruelty, torture, self-harm, or suicide
• Infringes any copyright, trademark, trade secret, patent, publicity right, privacy right, or other intellectual property or proprietary right of any third party, including paywalled, subscription, or otherwise access controlled content from any third-party platform
• Violates the terms of service, community guidelines, or other policies of the underlying communication platform (such as Discord or Slack) or any source platform from which the content originates
• Constitutes harassment, stalking, doxing, threats, defamation, or hate speech, or that targets any person or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or veteran status
• Is fraudulent, deceptive, or constitutes unauthorized advertising, spam, pyramid schemes, or other deceptive commercial practices
• Contains, distributes, or links to malicious code of any kind
• Misrepresents your identity, age, or affiliation, or impersonates any other person or entity
• Collects or harvests personal information about other users without their express consent
• Is content that you cannot afford to have exposed by, retained on, cached by, or otherwise stored on a third-party communication platform's infrastructure (including Discord's content delivery network, Slack file storage, or any equivalent third-party platform storage), as further described in Section 27.7A. Use of the Bot to transmit such content is a violation of this Acceptable Use Policy.
• Violates the TAKE IT DOWN Act, the Children's Online Privacy Protection Act, the Computer Fraud and Abuse Act, the General Data Protection Regulation, the California Consumer Privacy Act, or any other applicable law, regulation, sanction, or court order

Violation of this policy may result in immediate suspension or termination of your account without refund, removal of content, revocation of API keys, and referral to law enforcement.

10. User Responsibilities

You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials and API keys
• Promptly notify us of any unauthorized access to your account
• Use our services in compliance with all applicable laws and regulations
• Not attempt to circumvent security measures or gain unauthorized access
• Not use our services for any illegal, harmful, or malicious activities
• Not resell, sublicense, or redistribute our services without authorization

11. Export Control and Sanctions Compliance

LayerV services may be subject to export control laws and regulations, including the U.S. Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). By using our services, you represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions)
• You are not on any U.S. government restricted parties list, including the Specially Designated Nationals (SDN) list or Entity List
• You will not use LayerV services in violation of any applicable export control or sanctions laws
• You will not re-export, transfer, or provide access to LayerV services to any prohibited party or destination

We reserve the right to deny or terminate service to any user or region as required to comply with applicable laws.

12. Intellectual Property

All content, trademarks, logos, and intellectual property on our website and in our services are owned by LayerV or our licensors. You may not copy, modify, distribute, or create derivative works without our express written permission.

LayerV's implementation is built on the open-source OpenNHP protocol developed by the Cloud Security Alliance. The OpenNHP protocol itself is governed by its own open-source license, available at github.com/OpenNHP/opennhp.

You retain ownership of your data and configurations. You grant LayerV a limited license to process your data solely to provide our services. For content submitted through the Bot, see the more specific license terms in Section 27. For use of the Developer Offerings, see Section 28.

13. Data Processing and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to such processing. Information about how LayerV handles data generated by use of the Bot and Developer Offerings is described in our Privacy Policy.

Data Retention. Upon account termination, LayerV may retain your data for a commercially reasonable period to allow for reactivation, data export, internal recordkeeping, dispute resolution, and compliance with legal obligations. After such period, data will be deleted or anonymized in accordance with LayerV's operational practices, except where longer retention is required by law or for legitimate business purposes (such as billing records). Content submitted through the Bot is subject to the operational retention practices described in Section 27.7.

Browser Extensions. Each LayerV browser extension has its own dedicated privacy policy describing the data processed by that extension. For the qURL Gmail extension, see the qURL Gmail Extension Privacy Policy.

Data Processing Agreements. For enterprise customers requiring Data Processing Agreements (DPA) for GDPR, CCPA, or other regulatory compliance, please contact us at info@layerv.ai. A list of our subprocessors is available upon request.

We do not sell your data to third parties.

14. Compliance and Certifications

LayerV is committed to maintaining industry-standard security practices. Information about our security practices, and any compliance frameworks LayerV may pursue from time to time, is available upon request for qualified prospects and customers.

To request information about LayerV's security practices, please contact security@layerv.ai.

15. Service Levels and Availability

Service level commitments, including any uptime or support response commitments, apply only if a written Service Level Agreement has been executed with LayerV. In the absence of an executed SLA, no service level commitments apply.

We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance windows will be communicated in advance when reasonably possible.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES, INCLUDING THE BOT AND THE DEVELOPER OFFERINGS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LAYERV AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT;
• ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
• ANY WARRANTY THAT ANY SECURITY THREATS WILL BE DETECTED OR PREVENTED;
• ANY WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, OPERATE WITH YOUR SYSTEMS, OR PRODUCE ANY PARTICULAR RESULT;
• ANY WARRANTY THAT ANY DEFECTS WILL BE CORRECTED;
• ANY WARRANTY REGARDING ANY CONTENT TRANSMITTED, STORED, OR PROCESSED THROUGH THE SERVICES, INCLUDING ITS LEGALITY, ACCURACY, RELIABILITY, OR APPROPRIATENESS;
• ANY WARRANTY REGARDING THE CONDUCT OF ANY USER, THIRD PARTY, OR PLATFORM; AND
• ANY WARRANTY THAT THE SERVICES ARE SUITABLE FOR ANY SPECIFIC USE CASE, INCLUDING ANY USE LISTED IN SECTION 27.10.

LAYERV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY ANY THIRD PARTY, OR FOR THE AVAILABILITY OR SECURITY OF ANY THIRD PARTY PLATFORM. NO ADVICE OR INFORMATION OBTAINED FROM LAYERV OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERV AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO LAYERV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LAYERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LAYERV SHALL NOT BE LIABLE FOR SECURITY INCIDENTS RESULTING FROM: (A) YOUR FAILURE TO PROPERLY CONFIGURE OUR SERVICES; (B) YOUR FAILURE TO FOLLOW SECURITY BEST PRACTICES; (C) COMPROMISED CREDENTIALS FROM YOUR IDENTITY PROVIDER; (D) VULNERABILITIES IN YOUR OWN SYSTEMS OR APPLICATIONS; OR (E) FAILURES OF THIRD PARTY INTEGRATIONS OUTSIDE OUR CONTROL.

YOU ACKNOWLEDGE THAT THE FEES AND OTHER CONSIDERATION, IF ANY, FOR YOUR USE OF THE SERVICES REFLECT THIS ALLOCATION OF RISK AND THAT LAYERV WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

18. Indemnification

You agree to indemnify, defend, and hold harmless LayerV and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms or the Acceptable Use Policy
• Your violation of any applicable law or third-party rights
• Any content or data you submit through our services
• Your failure to comply with export control or sanctions requirements

A hardened indemnification standard applies to use of the Bot. See Section 27.16. Indemnification provisions specific to the Developer Offerings are set forth in Section 28.

19. Dispute Resolution and Arbitration

Informal Resolution. Before filing any formal dispute, you agree to contact us at info@layerv.ai to attempt to resolve the dispute informally. The party initiating the dispute must provide written notice including (i) the party's name and contact information, (ii) the facts giving rise to the dispute, and (iii) the relief requested. We will attempt to resolve any dispute within 60 days of such notice. If informal resolution fails, either party may proceed to arbitration. Compliance with this informal resolution process is a precondition to commencing arbitration; a court may enjoin the commencement of any arbitration filed without compliance.

Binding Arbitration. IF INFORMAL RESOLUTION FAILS, ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS, OUR SERVICES, OR YOUR RELATIONSHIP WITH LAYERV (“DISPUTE”) SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES, OR, FOR DISPUTES INVOLVING A CONSUMER OR LESS THAN $75,000 IN CONTROVERSY, ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED BY ONE NEUTRAL ARBITRATOR.

Delegation. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

Seat and Format. The seat of arbitration shall be Wilmington, Delaware. For Disputes involving claims less than $25,000 in aggregate, the arbitration shall be conducted by videoconference, telephonic, or other remote means unless the arbitrator finds good cause to hold an in person hearing. For larger Disputes, either party may request remote proceedings.

Arbitration Fees. The AAA's then current fee schedule applies. For consumer arbitrations subject to the AAA Consumer Arbitration Rules and Disputes involving less than $75,000 in controversy, LayerV will pay all AAA filing, administrative, and arbitrator fees that AAA rules require LayerV to pay, except that you remain responsible for any filing fee equivalent to a court filing fee in your jurisdiction. This provision is included to make clear that arbitration cost is not an obstacle to bringing a meritorious claim.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. You waive any right to participate in a class action lawsuit or class wide arbitration. The arbitrator may not consolidate the claims of multiple parties and may award relief only in favor of the individual party seeking relief.

Mass Arbitration Protocol. If twenty-five (25) or more Disputes are filed against LayerV that arise out of similar facts or legal theories and are represented by the same counsel or coordinated counsel (“Related Cases”), the following procedure applies notwithstanding any contrary AAA rule:

(i) Counsel for the claimants and LayerV shall meet and confer in good faith to identify a representative sample of no more than 10 cases per side (20 total) to proceed as a first batch (“First Batch”);

(ii) No other Related Case may be prosecuted in arbitration until the First Batch is resolved by award, settlement, or other final disposition;

(iii) If, after disposition of the First Batch, claimants wish to proceed with additional Related Cases, the parties shall meet and confer to attempt global resolution. If global resolution fails, a Second Batch of up to 20 cases (10 selected by each side) may proceed;

(iv) This batching procedure continues until all Related Cases are resolved;

(v) During the pendency of the First Batch and any subsequent batch, all statutes of limitations applicable to unbatched Related Cases are tolled;

(vi) A court has exclusive authority to enforce this paragraph, including by enjoining arbitrations that do not comply.

Opt Out of Arbitration. You may opt out of this Section 19 by sending written notice to info@layerv.ai within thirty (30) days after first accepting these Terms. Your notice must include your name, contact information, and a clear statement that you do not wish to be bound by this arbitration agreement. Opting out has no effect on any other provision of these Terms.

Limitations Period. Any Dispute must be commenced within one (1) year after the cause of action accrues, or it is permanently barred. For Disputes involving the Bot, see also Section 27.18.

Exceptions. Either party may (i) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm, (ii) bring an individual action in small claims court for any Dispute within that court's jurisdiction, or (iii) participate in any pre dispute resolution procedure required by applicable law that cannot be waived by contract.

20. Termination

Termination by You. You may terminate your account at any time by contacting us or using account management features if available.

Termination by LayerV. We may suspend or terminate your access to our services at any time for violation of these Terms, non-payment, or other reasonable cause. We will provide notice when practicable.

Effect of Termination. Upon termination: (a) your right to use our services will immediately cease; (b) your data will be retained or deleted as described in Section 13 and Section 27.7; (c) provisions that by their nature should survive will survive, including Sections 12, 16, 17, 18, 19, 21, 27, and 28.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware. To the extent that any claim involves LayerV's editorial discretion or content moderation activities, the parties acknowledge that such claims are governed by federal law, including but not limited to 47 U.S.C. § 230, which preempts inconsistent state law.

22. Force Majeure

LayerV shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications failures, cyberattacks affecting critical infrastructure, denial of service attacks, or actions or outages of third-party platforms including but not limited to Discord, Slack, AWS, or any identity provider.

23. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or prominent notice on our website before the changes take effect.

Your continued use of our services after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using our services.

We recommend reviewing these Terms periodically. The “Effective Date” and version number at the top indicate when these Terms were last updated.

24. Severability and Blue Pencil

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified, reformed, or limited to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent (“blue pencil”). If the invalid provision cannot be so reformed, it shall be severed and the remainder of these Terms shall continue in effect.

25. Entire Agreement; Miscellaneous

These Terms, together with our Privacy Policy and any applicable Service Level Agreement or Order Form, constitute the entire agreement between you and LayerV regarding our services. These Terms supersede any prior agreements or understandings, whether written or oral.

No Waiver. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

Electronic Signatures and Counterparts. You agree that electronic acceptance (including clicking “I agree,” invoking the Bot, requesting or using an API key, or otherwise accessing our services) has the same legal effect as a manual signature. These Terms may be accepted and amended electronically.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without LayerV's prior written consent. LayerV may freely assign these Terms.

Independent Contractors. The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship.

Interpretation. “Including” and “include” mean “including without limitation.” These Terms shall be interpreted according to their plain meaning and shall not be construed against the drafting party.

International Users. If you access the Services from outside the United States, you are responsible for compliance with all local laws. Mandatory consumer protection laws of your jurisdiction may apply notwithstanding the choice of law in Section 21.

European Union and United Kingdom. Nothing in these Terms restricts any right of reverse engineering or decompilation that is granted by Council Directive 2009/24/EC, the Copyright, Designs and Patents Act 1988, or any other mandatory provision of EU or UK law that cannot be waived by contract.

26. Contact Us

If you have questions about these Terms, please contact us:

27. Additional Terms for LayerV Communication Platform Bots

This Section 27 applies to your use of any LayerV bot or integration offered through a third-party communication platform, including the LayerV Discord Bot (with the qURL Bot), the LayerV Slack Bot, and any future LayerV bot or integration for Microsoft Teams, Mattermost, Matrix, Telegram, or any other communication platform (collectively, the “Bot”). These additional terms supplement, and where applicable control over, the other Sections of these Terms as applied to your use of the Bot.

27.0 Section 230 and Conduit Status (Important)

LayerV is an interactive computer service provider under 47 U.S.C. § 230 and is not the publisher or speaker of any content provided by a user of the Bot. You are the publisher of any content you submit. LayerV expressly invokes the protections of 47 U.S.C. § 230(c)(1) (no treatment as publisher) and 47 U.S.C. § 230(c)(2) (Good Samaritan protection for content moderation decisions), as well as any analogous protections under state, federal, or foreign law. LayerV's exercise of any editorial discretion, content moderation, removal, or restriction is a protected activity under the First Amendment and Section 230. LayerV's storage of encrypted user content on cloud infrastructure does not make LayerV a publisher of that content.

27.1 Beta Status

The Bot is currently a Beta service. LayerV provides the Bot for evaluation and testing only, without service level commitments, without warranty, and at LayerV's sole discretion. LayerV may modify, suspend, withdraw, or discontinue the Bot, in whole or in part, at any time and without notice. Production reliance on the Bot is at your own risk. LayerV reserves the right to never release the Bot as a commercial product. LayerV makes no commitment to migrate data, content, configurations, or features from the Beta to any commercial release. The provisions of this Section 27 apply to any successor commercial release of the Bot unless LayerV expressly designates otherwise in updated terms.

27.2 Eligibility and Age

You may use the Bot only if you meet all age requirements imposed by the underlying communication platform on which the Bot operates. For example, if you use the Discord Bot, you must meet Discord's minimum age requirements (and any higher age requirements that Discord imposes for specific content categories such as age restricted channels). If you use the Slack Bot, you must meet Slack's eligibility requirements and any age requirements set by your Slack workspace administrator.

You will not use the Bot to transmit, share, or access content that is age restricted under the underlying communication platform's rules except in channels, workspaces, or spaces that the platform has designated as age restricted, and you will comply with all platform age verification and access controls applicable to such content.

If you are using the Bot on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

27.3 Communication Platform Relationship

The Bot operates on third-party communication platforms. LayerV is not affiliated with, sponsored by, endorsed by, or otherwise connected to Discord Inc., Slack Technologies LLC (or its parent Salesforce, Inc.), Microsoft Corporation, or any other communication platform provider. Your use of any such platform is governed solely by that platform's own terms and policies, and LayerV has no responsibility for the platform, any server or workspace, or the conduct of any user of the platform other than as expressly set forth in these Terms.

The underlying communication platform may suspend, restrict, or terminate access to the Bot at any time without notice to LayerV or to you, and LayerV has no liability for any such action by the platform.

27.4 License to the Bot

Subject to your continuing compliance with these Terms, LayerV grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install, invoke, and interact with the Bot solely for your personal or internal business use in accordance with these Terms.

You shall not, and shall not permit any third party to:

(a) copy, modify, adapt, translate, or create derivative works of the Bot;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, ideas, or algorithms of the Bot, except (i) to the extent applicable law specifically permits notwithstanding this restriction or (ii) as expressly permitted under Council Directive 2009/24/EC or other mandatory provisions of EU or UK law that cannot be waived by contract;

(c) rent, lease, lend, sell, sublicense, assign, or transfer the Bot to any third party;

(d) use any robot, scraper, automated script, or similar means to access the Bot, except (i) through the LayerV API and SDK in accordance with Section 28, or (ii) as expressly authorized by LayerV in writing;

(e) circumvent any security, access control, rate limiting, or other technical measure of the Bot; or

(f) use the Bot for any purpose prohibited by Section 9 or this Section 27.

27.5 Your Content and License from You to LayerV

Definition. “Your Content” means any image, file, text, link, reference to third-party content, or other material that you upload to, transmit through, generate using, or otherwise make available through the Bot or through any LayerV Extension (as defined in Section 2). Where this Section 27 grants LayerV a license to host, store, cache, transmit, or otherwise process Your Content, that grant applies to Your Content uploaded through the Bot and, on the same terms, to Your Content uploaded through any LayerV Extension; Bot-specific representations elsewhere in this Section 27 (including the encryption and architecture representations in Section 27.7) apply to the Bot only.

Third Party Platform Copy. “Third Party Platform Copy” means any copy, derivative, cached version, thumbnail, preview, embed, push-notification payload, mobile-client cache entry, search-index entry, link-unfurl preview, or other representation of Your Content that is generated, stored, transmitted, or retained by Discord, Slack, Microsoft Teams, or any other communication platform, content delivery network, mobile operating system, or third-party service in connection with the operation of that platform, independently of LayerV's infrastructure. A Third Party Platform Copy is not LayerV infrastructure, is not subject to qURL controls, and is not within LayerV's possession, custody, or control.

Your Representations. By submitting Your Content, you represent and warrant that:

(a) you meet all eligibility requirements in Section 27.2;

(b) you own Your Content or have all rights, licenses, consents, and permissions necessary to submit it and to grant the license below;

(c) Your Content does not infringe any third-party intellectual property right, right of publicity, privacy right, or contract right;

(d) Your Content does not violate any law or the terms of any platform from which it originates or to which it is directed;

(e) if Your Content depicts any identifiable person, you have obtained all consents required under applicable law, and if Your Content depicts intimate or sexually explicit imagery, you have verified that every person depicted is an adult under applicable law and has provided express, current, documented consent to the specific use;

(f) Your Content does not contain malicious code; and

(g) Your Content complies with the Acceptable Use Policy in Section 9 and this Section 27.

License to LayerV. You retain all ownership of Your Content. You grant LayerV a worldwide, non-exclusive, royalty free, fully paid up, sublicensable (only to LayerV's service providers and only as necessary to operate the Bot) license to host, store, cache, transmit, and otherwise process Your Content in its encrypted form, subject to the encryption architecture described in Section 27.7, solely as necessary to:

(a) provide, maintain, secure, and improve the Bot;

(b) comply with legal process, court order, or regulatory request;

(c) detect, investigate, and prevent fraud, abuse, infringement, illegal conduct, security incidents, or violations of these Terms, using only information that does not require decryption of Your Content (such as metadata, hash signatures, user reports, and account activity signals), as further described below; and

(d) enforce these Terms.

For clarity: This license does not grant, and could not grant, LayerV the ability to decrypt or view the unencrypted content of Your Content. As described in Section 27.7, LayerV's architecture is designed so that LayerV does not hold or have routine operational access to the cryptographic credentials required to decrypt Your Content. LayerV's detection, investigation, and enforcement activities under (c) above are necessarily limited to information that does not require decryption, which may include metadata, hash signatures of known illegal content, user reports, account activity signals, and any information voluntarily disclosed to LayerV. See Section 27.7, Section 27.7A, Section 27.13, and Section 27.14 for additional detail.

27.6 Feedback

You may from time to time provide suggestions, comments, or feedback to LayerV regarding the Bot (“Feedback”). You grant LayerV a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit any Feedback for any purpose without any obligation or compensation to you.

27.7 Architecture, Storage, and Encryption

Storage Location. Content submitted through the Bot is stored on infrastructure operated by LayerV's cloud service provider (currently Amazon Web Services) in the United States.

Encryption. Your Content is encrypted in transit and at rest. LayerV's architecture is designed so that LayerV does not hold or have routine operational access to the cryptographic credentials required to decrypt Your Content. Decryption is bound to the qURL token holder's identity. No LayerV employee, contractor, or service provider has routine operational access to view Your Content in unencrypted form. For the strongest assurance that no party other than the qURL token holder can decrypt content, customers should manage their own encryption keys outside of LayerV's infrastructure to the extent their deployment supports it.

qURL Token Lifecycle. qURL tokens are time bound and identity-bound. Once a qURL token expires or is revoked, the associated access cannot be reestablished by LayerV. The lifetime of a qURL token may not match the storage lifetime of the underlying content. You acknowledge that LayerV cannot recover expired tokens or restore access once a token is revoked.

Content Retention and Purge. Content submitted through the Bot is retained on LayerV infrastructure on an operational cadence determined by LayerV, and is purged on a regular cadence. The specific retention period is operational and may change without notice. LayerV makes no commitment regarding the duration or availability of content storage, and you must not rely on the Bot for archival or long-term storage of any content. You are solely responsible for maintaining your own copies of any content you wish to preserve.

No Backup or Recovery Guarantee. LayerV does not guarantee backup, restoration, or recovery of any content submitted through the Bot. Loss of content for any reason, including but not limited to token expiration, scheduled purge, system failure, security incident, or termination of service, is at your sole risk.

Architecture May Evolve. The Bot's architecture, including its encryption design, may evolve over time. Any material change to the encryption design that would alter LayerV's technical ability to access Your Content will be reflected in updated Terms, and you will be notified of such change as required by Section 23 before the change takes effect. Until such notice, the representations in this Section 27.7 describe the architecture in effect, and LayerV will not unilaterally introduce a capability to decrypt Your Content without first updating these Terms.

27.7A Third-Party Platform Storage and Exposure (Important)

Discord CDN. When you upload an image, file, or other content to a Discord server or channel, Discord stores that content on its own content delivery network (“Discord CDN”) and generates a URL pointing to the stored content. This Discord CDN URL is generated and controlled by Discord, not LayerV. LayerV has no control over the Discord CDN, the URL format, the access controls applied by Discord, the duration of storage on the Discord CDN, or whether the Discord CDN URL is accessible to parties outside of Discord. Depending on Discord's then-current architecture and any changes Discord makes to it, the Discord CDN URL may be accessible without authentication, may be cached or shared by third parties, may be retained by Discord for periods that differ from LayerV's retention practices, and may be exposed in the event of a breach, misconfiguration, or other failure of the Discord CDN.

Specific Exposure Scenarios You Acknowledge. Without limiting the foregoing, you acknowledge and agree that Third Party Platform Copies may be: (i) served from URLs accessible without authentication or with predictable structure; (ii) cached by intermediate proxies, ISPs, corporate networks, or browser caches outside LayerV's control; (iii) retained on the recipient's mobile device in operating-system attachment caches or push-notification payload storage even after deletion from the platform; (iv) indexed, scraped, archived, or rebroadcast by third parties including search engines, archival services, and link-preview generators; (v) exposed in the event of a breach, misconfiguration, employee misconduct, subpoena, hot-storage compromise, backup leak, or vendor change at the platform; (vi) screenshotted, screen-recorded, or otherwise reproduced by any recipient; (vii) retained by the platform for periods materially longer than qURL token validity; or (viii) made permanently public by the platform through changes to its product, policies, or partnerships, including changes made without notice. The foregoing list is illustrative, not exhaustive.

Slack and Other Platform Storage. Similar considerations apply to the Slack Bot and any other LayerV bot operating on a third-party communication platform. Each such platform maintains its own storage, URL generation, and access control systems for content uploaded through it. LayerV has no control over those systems.

What LayerV Does and Does Not Protect. The qURL identity-bound access controls and encryption described in Section 27.7 apply to content stored on LayerV infrastructure. They do not, and cannot, control or protect content stored on Discord, Slack, or any other third-party platform's infrastructure. If you upload content to a third-party platform alongside, or as part of, your use of the Bot, that content is subject to the third-party platform's security model, not LayerV's. The architectural representations in Section 27.7 describe LayerV's infrastructure only; they do not describe and do not extend to any third-party platform's storage of the same content.

User Responsibility. Before sharing any image, file, or content that you consider sensitive, confidential, or potentially harmful if exposed, you should consider whether the underlying third-party platform's storage and exposure model is appropriate for that content. You should not assume that the use of qURL or the LayerV Bot extends LayerV's security model to content stored on a third-party platform. LayerV strongly recommends against using the Bot to share content that you cannot afford to have exposed by the underlying platform.

No Liability for Third-Party Exposure. To the maximum extent permitted by law, LayerV has no liability for the exposure, breach, loss, or misuse of content stored on Discord, Slack, or any other third-party platform's infrastructure, regardless of whether such exposure relates to your use of the Bot.

27.8 No Obligation to Monitor; Right to Remove

LayerV has no obligation to monitor, screen, edit, or remove any content transmitted through the Bot. However, LayerV reserves the absolute right, in its sole discretion and without notice or liability, to remove, block, disable access to, or refuse to transmit any content (to the extent technically possible), and to suspend or terminate any user, server, workspace, or account, for any reason or no reason. LayerV's exercise of these rights is protected by 47 U.S.C. § 230(c)(2) and the First Amendment.

27.9 Bot Security Incident Notification

If LayerV becomes aware of a security incident materially affecting Bot user data, LayerV will provide notice to affected users without undue delay, by reasonable means including notice through the underlying communication platform, the LayerV website, or email if available. Notice will describe the nature of the incident and recommended actions to the extent disclosure does not compromise an ongoing investigation.

27.10 Critical Use Exclusions

The Bot is not designed or intended for the following uses, and you shall not use the Bot for any of them:

• Emergency communications, summoning emergency services, life safety communications, or any communication where delay, loss, or unavailability of the message could result in injury, death, or property damage
• Transmission, storage, or processing of Protected Health Information (“PHI”) under HIPAA, or any other regulated health data, unless and until LayerV has executed a written Business Associate Agreement with you
• Preservation of evidence for legal, regulatory, or law enforcement purposes (you must use proper legal hold and evidence preservation tools, not the Bot)
• Communications subject to attorney client privilege where confidentiality must be guaranteed (the Bot's storage architecture should not be relied upon as the sole protection for privileged communications)
• Communications subject to the Gramm Leach Bliley Act, the Sarbanes Oxley Act, the Family Educational Rights and Privacy Act, the Payment Card Industry Data Security Standard, the Children's Online Privacy Protection Act for content directed at children under thirteen, or other regulated data classes, unless and until LayerV has expressly agreed in writing
• Critical infrastructure operations, industrial control systems, or any system where security or safety depends on uninterrupted availability of the Bot
• Any use prohibited by Section 9 (Acceptable Use Policy), Section 11 (Export Control and Sanctions Compliance), or this Section 27

LayerV expressly disclaims any warranty, representation, or commitment that the Bot is suitable for any of the foregoing uses. Use of the Bot for any of the foregoing is a material breach of these Terms.

27.11 Third Party Platforms and Content

The Bot may allow you to share links to, references about, or content originating from third-party platforms (each, a “Third Party Platform”). LayerV is not affiliated with, sponsored by, or endorsed by any Third Party Platform. All trademarks, service marks, and logos of any Third Party Platform are the property of their respective owners.

You are solely responsible for ensuring that your use of any Third Party Platform content through the Bot complies with that Third Party Platform's terms of service, community standards, content licensing terms, and applicable law. LayerV does not verify, endorse, license, or take any responsibility for any third-party content that you share, link, embed, or reference through the Bot. LayerV grants you no license to any Third Party Platform content, and your right to share such content depends entirely on your own license, fair use position, or other legal basis.

You specifically agree to indemnify and hold LayerV harmless from any claim arising from your sharing of, linking to, or processing of any Third Party Platform content through the Bot, including but not limited to claims by the operator of any Third Party Platform or by any rights holder.

27.12 Copyright Policy and DMCA

LayerV respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512.

Designated Agent. LayerV's designated agent for receipt of notices of alleged copyright infringement is registered with the U.S. Copyright Office (DMCA Registration No. DMCA-1072696) and may be contacted as follows:

Notice of Alleged Infringement. To submit a notice of alleged copyright infringement, send a written communication to info@layerv.ai that includes substantially all of the following, as required by 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work allegedly infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit LayerV to locate it (such as the qURL token identifier, the relevant server or workspace, and the message or context where the content appeared); (d) the complainant's contact information; (e) a statement that the complainant has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and the complainant is authorized to act on behalf of the owner of the right allegedly infringed.

Response. Upon receipt of a notice that substantially complies with 17 U.S.C. § 512(c)(3), LayerV will act expeditiously to remove or disable access to the material claimed to be infringing. LayerV reserves the right, in its sole discretion, to disregard or refuse to act upon any notice that does not substantially comply with the statutory requirements, including notices that are incomplete, demonstrably fraudulent, or that target material protected by fair use.

Counter Notice. If you believe content of yours was removed by mistake or misidentification, you may submit a counter notice complying with 17 U.S.C. § 512(g)(3) to info@layerv.ai. Upon receipt of a valid counter notice, LayerV will forward the counter notice to the original complainant. If the complainant does not file a court action seeking an injunction against you within 10 to 14 business days, LayerV may restore the removed content. False statements in either a notice or counter notice may subject you to liability under 17 U.S.C. § 512(f).

Repeat Infringer Policy. LayerV will terminate, in appropriate circumstances, the access of users who are repeat infringers of copyright. LayerV may also terminate access of any user upon a single instance of egregious infringement.

Other Intellectual Property Claims. For claims involving trademark infringement, publicity rights, or other intellectual property rights that are not copyright based, please submit a written notice to info@layerv.ai containing analogous information.

27.13 CSAM, NCII, and TAKE IT DOWN Act

Absolute Prohibition. Child sexual abuse material (“CSAM”) and any content that sexualizes minors is strictly prohibited. The same prohibition applies to non-consensual intimate imagery (“NCII”) and any sexual imagery of any person who has not provided express, current, documented consent to the specific use.

CSAM Reporting. Because LayerV's architecture does not provide LayerV with routine operational access to the unencrypted content of communications transmitted through the Bot, traditional content scanning is not technically available to LayerV. Notwithstanding that architectural constraint:

(a) where LayerV becomes aware (whether through user report, public reference, law enforcement notification, or otherwise) of content or activity that may constitute CSAM, LayerV will report that content to the National Center for Missing & Exploited Children (NCMEC) in compliance with 18 U.S.C. § 2258A and will preserve and disclose records as required by law;

(b) LayerV may use any lawful technical means available to it (including but not limited to hash matching of known illegal content, metadata analysis, and review of account activity signals) to detect and prevent illegal activity; and

(c) LayerV makes no representation that any particular item of illegal content will be detected.

TAKE IT DOWN Act Compliance. LayerV complies with the TAKE IT DOWN Act and any applicable state law analog. If you are an identifiable individual depicted in non-consensual intimate imagery transmitted through the Bot, or an authorized representative of such an individual, you may submit a request for removal to info@layerv.ai. Your request should include (i) sufficient information to identify you as the depicted individual or authorized representative, (ii) information reasonably sufficient to enable LayerV to locate the imagery (such as the qURL token identifier, server or workspace, and message or context), and (iii) a statement under penalty of perjury that the imagery is of you (or the individual you represent), that the imagery was published without consent, and that you have a good-faith belief the publication is unlawful. LayerV will remove or disable access to validly identified NCII as soon as possible and in any event within 48 hours of receipt of a complete and valid request, as required by the TAKE IT DOWN Act.

The fact that the Bot's architecture prevents LayerV from decrypting content does not absolve any user of the consequences of submitting illegal content.

Reports of suspected illegal content should be sent to info@layerv.ai.

27.14 Lawful Access and Response to Legal Process

LayerV will respond to valid legal process, including subpoenas, court orders, search warrants, and other lawful government demands. In response, LayerV may produce records that are in its possession, which may include:

• Account registration information
• Bot interaction logs, including timestamps and counterpart identifiers
• qURL token metadata
• Encrypted content stored on LayerV infrastructure
• IP addresses and other technical information available to LayerV

LayerV cannot produce unencrypted content because LayerV's architecture does not provide LayerV with routine operational access to the credentials required to decrypt user content. LayerV will honor valid preservation orders to the extent technically possible given the Bot's architecture and operational retention practices, which means LayerV can preserve encrypted blobs and metadata but cannot preserve unencrypted content it does not have.

Where permitted by law, LayerV may notify users of legal process directed at their accounts. Where prohibited from notification, LayerV will comply with the prohibition and will challenge gag orders where it has reasonable grounds to do so.

27.15 Sanctions Compliance (Bot User Edition)

By using the Bot, you represent and warrant that:

(a) you are not located in, ordinarily resident in, or organized under the laws of any country or region that is the subject of comprehensive U.S. trade sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);

(b) you are not on any U.S. government restricted parties list, including the OFAC Specially Designated Nationals (SDN) list, the Department of Commerce Entity List, or any other U.S. or applicable foreign sanctions list;

(c) you will not use the Bot in violation of any applicable export control or sanctions law; and

(d) you will not provide access to the Bot to any prohibited person or destination.

LayerV may suspend or terminate Bot access at any time to comply with applicable sanctions and export control laws.

27.16 Hardened Indemnification for the Bot

In addition to your obligations under Section 18, you agree to defend LayerV and its affiliates, officers, directors, employees, agents, contractors, licensors, and successors (the “LayerV Indemnitees”) at your own cost and expense from and against any third-party claim, demand, suit, action, or proceeding arising from or relating to:

(a) Your Content;

(b) your use of the Bot;

(c) your breach of these Terms, including any representation or warranty;

(d) your violation of any law, regulation, court order, or third-party right;

(e) your violation of the terms of any communication platform or Third Party Platform;

(f) any dispute between you and any other user of the Bot; or

(g) the existence, exposure, breach, retention, caching, indexing, screenshotting, rebroadcast, or any other disclosure of any Third Party Platform Copy of Your Content, including any claim brought by any person depicted in, referenced by, or affected by such Third Party Platform Copy.

In addition to your duty to defend, you will indemnify and hold the LayerV Indemnitees harmless from any damages, costs, attorneys' fees, settlement amounts, judgments, fines, and other liabilities awarded against or paid by any LayerV Indemnitee.

LayerV controls the defense. LayerV may, at its sole option and at any time, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will (i) cooperate fully in the defense; (ii) reimburse LayerV's reasonable costs and attorneys' fees on a current basis; and (iii) not settle any matter without LayerV's prior written consent.

If LayerV permits you to control the defense of any matter, you will select counsel reasonably acceptable to LayerV, will keep LayerV reasonably informed of the status of the matter, and will not settle any matter in a manner that admits liability of LayerV, imposes any obligation on LayerV, or fails to obtain a full release of LayerV, without LayerV's prior written consent.

27.17 Anti Circumvention of Suspension or Termination

If LayerV suspends or terminates your access to the Bot, you shall not create or use another account, identity, server, workspace, or method to circumvent the suspension or termination. Any such circumvention is a material breach of these Terms.

LayerV may, to the extent permitted by law, share signals related to bad actors (such as account identifiers, IP addresses, and conduct patterns) with the underlying communication platform, with law enforcement, and with other service providers in order to prevent abuse.

27.18 Limitations Period for Bot Claims

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to your use of the Bot must be commenced within one (1) year after the claim or cause of action accrues, or it is permanently barred.

27.19 Termination of Bot Access

In addition to the termination rights in Section 20, LayerV may suspend or terminate your access to the Bot at any time and without notice for any of the following:

(a) actual or suspected breach of these Terms, including this Section 27;

(b) actual or suspected illegal or harmful conduct;

(c) request by law enforcement, court order, or other legal process;

(d) risk of liability or harm to LayerV, its users, or any third party;

(e) abandonment or inactivity of your account; or

(f) discontinuation of the Bot or any feature.

Upon termination, your right to use the Bot ceases immediately. Sections 27.0, 27.4, 27.5, 27.6, 27.7, 27.7A, 27.8, 27.10, 27.11, 27.12, 27.13, 27.14, 27.15, 27.16, 27.17, 27.18, 27.20, and 27.21 survive termination.

27.20 No Warranty for the Bot

THE BOT IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING SECTION 16, LAYERV SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE BOT WILL BE AVAILABLE, ERROR FREE, SECURE, OR UNINTERRUPTED, ANY WARRANTY REGARDING ANY CONTENT TRANSMITTED THROUGH THE BOT, AND ANY WARRANTY THAT CONTENT WILL BE RETAINED, RECOVERABLE, OR ACCESSIBLE FOR ANY PARTICULAR PERIOD OF TIME.

Marketing Statements. Marketing or promotional statements made by LayerV — including statements about ephemerality, invisibility, hiding, or zero persistence of content — describe LayerV's own infrastructure and the controls LayerV applies to content stored on it. Such statements do not describe, and do not extend to, any Third Party Platform Copy, and you may not rely on any such statement as a representation about content stored or processed by any third-party platform.

27.21 Order of Precedence

If any provision of this Section 27 conflicts with any other provision of these Terms as applied to your use of the Bot, this Section 27 controls. You must also comply with the terms of the underlying communication platform (such as Discord or Slack) and any Third Party Platform from which you obtain content. If the terms of any such platform are more restrictive than these Terms with respect to a particular use, the more restrictive terms apply.

28. Additional Terms for LayerV API and Developer Offerings

This Section 28 applies to your use of the LayerV API, software development kits (SDKs), developer libraries, sample code, documentation, and related developer tooling (collectively, the “Developer Offerings”). These additional terms supplement, and where applicable control over, the other Sections of these Terms as applied to your use of the Developer Offerings.

28.1 Access

LayerV currently provides the Developer Offerings free of charge. By registering for or otherwise obtaining an API key, you agree to these Terms and any developer documentation made available by LayerV. LayerV reserves the right to introduce paid tiers, usage based fees, rate limits, feature gating, or other restrictions at any time, with reasonable advance notice for material changes.

28.2 License to the Developer Offerings

Subject to your continuing compliance with these Terms, LayerV grants you a limited, personal or internal business, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) access and use the API to build, test, and operate applications that interact with LayerV services as described in our documentation;

(b) download and use the SDKs and developer libraries within applications that use the API; and

(c) use the documentation and sample code solely to support the foregoing.

28.3 Restrictions on the Developer Offerings

You shall not, and shall not permit any third party to:

(a) use the Developer Offerings to build any product or service that competes with LayerV;

(b) use the Developer Offerings to circumvent any limitation, security control, or pricing of LayerV's services;

(c) reverse engineer the Developer Offerings except to the extent applicable law specifically permits notwithstanding this restriction (including under Council Directive 2009/24/EC or other mandatory provisions of EU or UK law);

(d) remove, alter, or obscure any proprietary notices on the Developer Offerings;

(e) use the Developer Offerings in violation of LayerV's documentation, including any published rate limits or quotas;

(f) use the Developer Offerings in a manner that imposes an unreasonable load on LayerV's infrastructure;

(g) share, sell, sublicense, or transfer your API keys to any third party;

(h) use the Developer Offerings or any data obtained through them as training data, fine tuning data, or evaluation benchmarks for any machine learning model, large language model, or AI system, in each case without LayerV's prior written consent (for the avoidance of doubt, this does not restrict use of AI tools alongside the Developer Offerings in your own application's operational workflow); or

(i) use the Developer Offerings for any purpose prohibited by Section 9 or this Section 28.

28.4 API Keys and Account Security

You are responsible for keeping your API keys and developer credentials secure. You will treat your API keys as sensitive secrets, will not embed them in client-side code or any public repository, and will notify LayerV immediately at security@layerv.ai if you suspect that any API key has been compromised. LayerV may revoke any API key at any time for any reason, including suspected compromise, suspected misuse, or violation of these Terms.

28.5 Rate Limits and Fair Use

LayerV may impose, modify, or enforce rate limits, quotas, or other fair use restrictions on the Developer Offerings at any time. If LayerV does not currently publish a specific rate limit, you nonetheless agree to use the Developer Offerings in a manner consistent with reasonable production engineering practices and to refrain from any pattern of use that could materially degrade service for other users.

28.6 Your Applications

Any application, integration, or service that you build using the Developer Offerings (each, “Your Application”) is your responsibility. You represent and warrant that Your Application:

(a) complies with these Terms and all applicable laws;

(b) does not misrepresent its relationship with LayerV;

(c) provides its end users with appropriate terms of service and privacy policies, including any required disclosures about LayerV processing of their data;

(d) does not expose LayerV API keys to end users; and

(e) implements appropriate security and privacy controls for any data processed.

28.7 Branding and Attribution

You may not use LayerV's name, logo, or trademarks except as expressly permitted in writing by LayerV or in a manner consistent with any LayerV trademark usage guidelines that LayerV publishes. You may factually state that Your Application uses or integrates with LayerV.

28.8 Changes to the Developer Offerings

LayerV may modify, deprecate, or discontinue any portion of the Developer Offerings at any time. LayerV will use commercially reasonable efforts to provide advance notice of breaking changes through its documentation, developer blog, or other reasonable means.

28.9 No Warranty for the Developer Offerings

THE DEVELOPER OFFERINGS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING SECTION 16, LAYERV SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE DEVELOPER OFFERINGS WILL BE AVAILABLE, COMPATIBLE WITH ANY PARTICULAR SYSTEM, FREE OF DEFECTS, OR SUITABLE FOR ANY PARTICULAR USE.

28.10 Indemnification for Developer Offerings

In addition to your obligations under Section 18, you will defend, indemnify, and hold harmless LayerV from any claim, demand, action, or proceeding arising from or relating to Your Application, your use of the Developer Offerings, or your distribution of Your Application to any third party.

28.11 Termination of API Access

LayerV may revoke your API keys and terminate your access to the Developer Offerings at any time and without notice for any reason, including violation of these Terms, suspected security incident, or discontinuation of the Developer Offerings. Upon termination, you must promptly cease use of the Developer Offerings and destroy any cached copies of LayerV proprietary materials.