Terms & Conditions
Your privacy is important to us. It is Layerly’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://layerly.io, and other sites we own and operate.
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.
This policy is effective as of 28 April 2022.
Layerly Terms and Conditions
Information We Collect
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
- “Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.
- “Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services.
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.
Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
- When you visit our website or interact with our services, we may automatically collect data about your device, such as:
- Device Type
- Operating System
- Unique device identifiers
- Device settings
- Geo-location data
Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
- We may ask for personal information, including but not limited to:
- Phone/mobile number
- Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our website, including but not limited to:
- Register for an account
- Purchase any products and/or services
- Purchase a subscription
- Enter any of our competitions, contests, sweepstakes, and surveys
- Sign up to receive updates from us via email or social media channels
- Use a mobile device or web browser to access our content
- Contact us via email, social media, or on any similar technologies
- When you mention us on social media
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
- to provide you with our platform’s core features and services
- to enable you to customize or personalize your experience of our website
- to process any transactional or ongoing payments
- to deliver products and/or services to you
- to contact and communicate with you
- for analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
- to enable you to access and use our website, associated applications, and associated social media platforms
- for internal record keeping and administrative purposes
- to run competitions, sweepstakes, and/or offer additional benefits to you
- to comply with our legal obligations and resolve any disputes that we may have
- to attribute any content (e.g. posts and comments) you submit that we publish on our website
- for technical assessment, including to operate and improve our app, associated applications, and associated social media platforms
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you provide us with your location, we may combine this with general information about currency and language to provide you with an enhanced experience of our site and service.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
How Long We Keep Your Personal Information
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
Disclosure of Personal Information to Third Parties
We may disclose personal information to various entities, including but not limited to parent companies, third-party service providers, employees, agents, business partners, and others.
Third parties we currently use include Google Analytics, MailChimp, and others.
International Transfers of Personal Information
The personal information we collect is stored and/or processed in United States, or where we or our partners, affiliates, and third-party providers maintain facilities.
Your Rights and Controlling Your Personal Information
- Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
- Access: You may request details of the personal information that we hold about you.
- Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example processing and fulfilling orders), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
- Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
- Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
Limits of Our Policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Additional Disclosures for Australian Privacy Act Compliance (AU)
- International Transfers of Personal Information
Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)
- Data Controller / Data Processor
The GDPR distinguishes between organizations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Layerly, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.
Legal Bases for Processing Your Personal Information
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
- Consent From You
- Performance of a Contract or Transaction
Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you purchase a product, service, or subscription from us, we may need to use your personal and payment information in order to process and deliver your order.
- Our Legitimate Interests
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
- Compliance with Law
International Transfers Outside of the European Economic Area (EEA)
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Your Rights and Controlling Your Personal Information
- Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
- Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
- Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
- Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 30 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.
Additional Disclosures for California Compliance (US)
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.
Do Not Track
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.
CCPA-permitted financial incentives
In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.
Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. 26.3 Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California Notice of Collection
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.
- Right to Know and Delete
If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
Shine the Light
If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
Website Attribution Agreement
Layerly has the right to place the text “Made by Layerly” with a hyperlink to the Layerly website, layerly.io, at the bottom of your website. This attribution may be displayed in small text at the bottom of each page of the website.
You may request that the “Made by Layerly” attribution text be displayed with an opacity of up to 50% on each page of the website. Such a request must be made in writing to Layerly.
Layerly Website Edits Fair Use Policy
Layerly (“we,” “our,” or “us”) is committed to providing our customers with exceptional website design and development services, including unlimited edits and changes to their websites. However, to ensure fairness and efficient use of our resources, we have established this “Fair Use Policy” (the “Policy”). This Policy outlines the acceptable and reasonable use of our unlimited edits and changes service by our customers (referred to as “you” or “your”). The intention is to maintain the quality of service and prevent misuse that may disrupt our operations.
- Fair Use Guidelines
You are encouraged to take full advantage of our unlimited edits and changes service within reasonable limits. Most edits are typically completed within 24-48 hours, and we strive to accommodate your requests promptly. While “unlimited” means that there is no specific numerical limit on the number of edits and changes you can request, it does not imply unrestricted or abusive use of the service.
- The following activities are prohibited under this Policy:
- Excessive or unreasonable editing requests that disrupt our normal operations.
Frequent, repeated, or systematic requests for changes that exceed what is considered a fair and reasonable use of the service.
- Requests for edits or changes that violate our Terms of Service, including any content that is illegal, infringing, or harmful.
- Excessive or unreasonable editing requests that disrupt our normal operations.
- Monitoring and Enforcement
We reserve the right to monitor and review the use of our unlimited edits and changes service to ensure compliance with this Policy. If we determine, at our sole discretion, that a customer’s use of the service violates this Policy, we may take appropriate actions, including but not limited to:
- Adjusting response times for specific requests.
- Limiting or restricting certain types of edits or changes.
- Temporarily suspending or terminating the unlimited edits and changes service for the customer.
Collection Page Migration Policy
Layerly (“we,” “our,” or “us”) offers website design and development services that include the creation and management of collection pages, such as blog, services, events, news, and others, as part of our website design subscription.
- Free Migration of Collection Pages
When a customer signs up for a new Layerly website or requests the addition of a collection page to an existing website, we offer complimentary migration services for up to 25 collection pages.
“Collection pages” refer to pages within categories like blog posts, services listings, events, news articles, and similar content groupings.
- Additional Collection Pages
If a customer requires the migration of more than 10 collection pages, they have two options:
Customer Self-Migration: Layerly may provide login access to the customer’s website, allowing them to add these additional collection pages themselves.
Layerly Migration Service: Alternatively, customers can request that Layerly adds or migrates the additional collection pages for them.
- Fees for Additional Collection Pages
For additional collection pages beyond the initial 10 pages, Layerly may charge a fee for the migration or creation of these pages. The specific fee will be determined based on the complexity and volume of the requested work.
- Customer Responsibility
Customers are responsible for providing clear and accurate instructions regarding the content and structure of the collection pages they wish to migrate or create.
- Quality Assurance
Layerly will make reasonable efforts to ensure the accuracy and functionality of migrated or created collection pages. However, it is the customer’s responsibility to review and approve the final results.
Cancellation of Customer Subscription and Refund Policy
- Cancellation of Subscription by Layerly
Layerly reserves the right to cancel a customer subscription at any time, without prior notice, for the following reasons:
- Non-Payment: If a customer consistently fails to make payments for the services provided, the company may cancel the services.
- Breach of Contract: If a customer violates the terms and conditions of the contract or agreement between the company and the customer, the company may choose to cancel the services.
- Illegal Activity: If a customer engages in illegal activities related to the services provided or uses the services for unlawful purposes, the company may cancel the services.
- Disruptive Behavior: If a customer engages in behavior that disrupts the company’s operations, harasses employees, or creates a hostile work environment, the company may choose to cancel the services.
- Violation of Policies: If a customer consistently violates the company’s policies or guidelines, such as acceptable use policies or community standards, the company may cancel the services.
- Non-Compliance with Regulations: If a customer fails to comply with regulatory requirements or industry-specific standards that affect the services, the company may cancel the services to avoid legal or regulatory issues.
- Excessive Resource Consumption: In cases where the customer’s usage of resources significantly exceeds what was agreed upon or places an undue burden on the company’s infrastructure, the company may cancel the services.
- Security Concerns: If a customer’s actions pose a security risk to the company’s systems or other customers, the company may cancel the services to protect its network and data.
- Ethical or Moral Concerns: In rare cases, a company may cancel services if the customer’s actions or content conflict with the company’s ethical or moral principles.
- Religious or Personal Beliefs: In certain situations, a company may refuse service or cancel services if providing them would violate the sincerely held religious beliefs or practices of the company’s owners or employees.
- Failure to Meet Minimum Requirements: If a customer consistently fails to meet the minimum requirements or qualifications for the service, the company may cancel the services.
- Rebranding or Business Strategy: The company may decide to discontinue certain services or customer relationships as part of a broader rebranding or change in business strategy.
In the event of subscription cancellation by Layerly for reasons stated above, no refunds will be provided to the customer.
Right to Refuse Service
Layerly reserves the right to refuse service to any customer for any reason. If a customer signs up for a website and is refused service by Layerly for reasons unrelated to those mentioned in the previous sections, Layerly will provide a full refund to the customer, as long as the customer has not engaged in any of the activities listed previously.
- Religious Reasons
Layerly may cancel or refuse service due to religious reasons if providing the service would violate the sincerely held religious beliefs or practices of Layerly’s owners or employees.
Domain Ownership and Transfer Policy
- Free Domain with Subscription
Layerly offers a complimentary domain registration or acquisition as part of the customer’s subscription to our services. This domain is provided to the customer free of charge for the duration of their active Layerly subscription.
- Domain Ownership
While the domain is provided to the customer at no additional cost during their subscription, it is registered or acquired by Layerly on behalf of the customer. The customer is recognized as the registrant or owner of the domain in Layerly’s records, and the domain is held and managed by Layerly on the customer’s behalf during the subscription period.
- Transfer of Domain Ownership
If the customer chooses to end their Layerly subscription for any reason, Layerly reserves the right to transfer ownership of the domain to the customer upon request. Layerly may offer to sell the domain to the customer at a fair and reasonable market price, as determined by Layerly, in the event that the customer wishes to retain ownership of the domain after ending their service.
- Domain Transfer Process
To initiate the transfer of domain ownership, the customer must submit a written request to Layerly’s customer support team. Upon receiving the customer’s request, Layerly will facilitate the necessary steps to transfer ownership of the domain, including any associated fees for domain transfer.
- Customer Responsibility
The customer is responsible for all costs associated with the transfer of domain ownership, including any fees for domain acquisition, registration, or transfer.
- Timing of Domain Transfer
The domain transfer process will be initiated promptly upon receiving the customer’s request, subject to any applicable domain transfer timelines and policies of domain registrars and authorities.
- Expiration of Subscription
If the customer’s Layerly subscription expires and is not renewed, the customer will have a grace period during which they may request the transfer or purchase of the domain, as outlined in this policy.
- Non-Renewal of Domain
If the customer does not request the transfer or purchase of the domain within the specified grace period, Layerly reserves the right to release or sell the domain as it sees fit, without any obligation to the customer.
Password Security and Hacked Website Disclaimer
- Password Responsibility
Layerly places a high priority on the security of customer websites. We provide tools and guidance to help customers maintain the security of their websites, including the use of strong and secure passwords.
Customers are responsible for setting and maintaining secure login credentials, including passwords, for their website accounts. This includes regularly updating passwords, using strong and unique combinations, and following recommended security practices.
- Hacked Website Disclaimer
Layerly is committed to taking all reasonable measures to protect the security of customer websites hosted or managed by us. However, we cannot be held responsible for any unauthorized access, breaches, or security incidents resulting from weak or compromised customer passwords.
Customers are hereby informed that the use of weak, easily guessable, or compromised passwords may increase the vulnerability of their websites to hacking attempts and security breaches.
In the event that a customer’s website is compromised due to weak or compromised passwords, Layerly will not be held liable for any damages, losses, or consequences arising from such incidents, including but not limited to data loss, website downtime, or unauthorized access.
- Customer Security Responsibilities
Customers are strongly encouraged to follow best practices for password security, which may include but are not limited to:
- Using a combination of uppercase and lowercase letters, numbers, and special characters in passwords.
- Avoiding the use of easily guessable information such as names, birthdays, or common words.
- Regularly updating passwords and refraining from using the same password for multiple accounts.
- Implementing additional security measures such as two-factor authentication (2FA) where available.
Reporting Security Concerns
Customers are encouraged to promptly report any security concerns, suspected breaches, or unauthorized access to Layerly’s customer support team for investigation and mitigation.
Search Engine Optimization (SEO) Add-On
- SEO Efforts and Limitations
Layerly provides an optional SEO add-on service for customer websites, designed to enhance their search engine visibility. We make diligent efforts, combining human expertise and AI-driven tools, to select and optimize keywords for improved search rankings.
While we strive to select and optimize keywords to the best of our ability based on the provided page content, we cannot guarantee specific search ranking outcomes. Search engine algorithms and rankings are dynamic and influenced by various factors beyond our control.
- SEO Ranking Scoring
The SEO add-on service provides a ‘SEO ranking’ score for customer website pages, quantified on a scale from 0 to 100, with 100 representing optimal optimization. This score is designed to provide insight into the effectiveness of the SEO efforts.
The SEO ranking score is influenced by the quality of the page content, keywords, meta titles, descriptions, alt text, and other SEO-related elements, which are either provided by the customer or optimized by Layerly based on the information provided.
- Customer Responsibility
Achieving a perfect SEO ranking or a score of 100 is the shared responsibility of Layerly and the customer. While we will make every effort to optimize the content, customers are encouraged to actively participate in the SEO enhancement process.
Customers may contribute to improving their SEO ranking by providing Layerly with relevant keyword search terms, meta titles, meta descriptions, alt text, and other SEO-related information. Alternatively, they may make these optimizations themselves if provided with login access to their website.
The ultimate SEO ranking achieved for a page is influenced by the collaborative efforts and information provided by the customer.
- No Guarantee of Ranking
Layerly does not guarantee specific search rankings or that the SEO add-on will result in a perfect score or a ranking of 100. SEO results may vary based on the competitive landscape, search engine algorithm changes, and other factors beyond our control.
Customer Responsibility for Frequent Post Content
- Inclusion of Recurring Post Content
Customers who opt to include frequently recurring post content on their website, such as blog articles, news updates, or similar posts, assume the responsibility for adding and managing this content.
Layerly will provide customers with login access to their website to add, edit, and manage these posts.
- SEO Responsibilities
If customers have the SEO add-on included in their subscription, it is their responsibility to include and optimize keywords, meta information, and SEO search data for the posts they create.
Layerly will provide customers with the necessary tools and functionalities to write, organize, and adjust the layout of their posts. These tools may include options for adding text, images, links, columns, bullet points, headings, and other content elements to their posts.
- Content Guidance and Training
Upon request, Layerly will provide customers with instructional articles or resources to teach them how to edit and manage their post content effectively.
While we offer guidance and support, it is the responsibility of the customer to learn, input, and format the content of their posts as per their requirements and preferences.
- Customer Content Ownership
Customers retain full ownership and control of the post content they add to their website. Layerly does not claim any ownership rights over customer-generated content.
- Customer Support
Our customer support team is available to assist customers with technical inquiries or issues related to managing their post content. However, the creation and input of content remain the responsibility of the customer.
Content Licensing and Legal Responsibility
- Customer Content Licensing
Customers are responsible for providing all images, written copy, and website content (collectively referred to as “Customer Content”) to Layerly for use in the design, development, and management of their websites.
By sharing Customer Content with Layerly, customers confirm that they either hold the legal rights to use and license such content or that it is free to use without any legal restrictions.
Layerly’s Limited Responsibility
Layerly assumes that all Customer Content provided by customers for use in their websites is properly licensed, free from copyright infringement, and legally obtained or licensed by the customer.
Layerly will make reasonable efforts to verify the legal status of Customer Content provided by customers, but it is not responsible for conducting exhaustive legal assessments of such content.
In the event that any Customer Content is found to be copywritten, illegally obtained, or improperly licensed, Layerly shall be free from legal responsibility or liability arising from the use of such content.
Customers are solely responsible for obtaining the necessary licenses, permissions, and rights for any third-party content used on their websites, including but not limited to images, written copy, graphics, and multimedia elements.
Customers agree to indemnify and hold Layerly harmless from any legal claims, actions, or liabilities arising from the use of Customer Content that is copywritten, illegally obtained, or improperly licensed.
Content Removal and Compliance
If Layerly becomes aware of any Customer Content that may infringe upon copyrights or violate legal licensing agreements, we reserve the right to remove or disable access to such content from the customer’s website.
Changes to This Policy
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
For any questions or concerns regarding your privacy, you may contact us at this link: https://layerly.io/contact