Effective date: 20 January 2020
By accessing or using the Sites or any of the content on the Sites you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Sites or any of its Content (defined below).
You represent to Layerise that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Layerise are collectively referred to as the “Parties” and each is a “Party”.
1. Terms and Conditions. These Terms do not govern the use of Layerise’s after-sales management solution as well as other hosted services (collectively, the “Platform”) operated by Layerise. If you are accessing or using the Platform – even if you are doing so through a free trial – then you are subject to Layerise’s Terms and Conditions, or such other written contract as may be separately agreed and signed between you and Layerise.
2. Our Content. The Sites contain HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Layerise or its licensors (Layerise Content”). The Sites (including the Layerise Content) are protected by copyright, trademark, trade secret and other laws; and as between you and Layerise, Layerise owns and retains all rights in the Sites and the Layerise Content. Layerise hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Layerise Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Sites. Except as expressly permitted by Layerise in these Terms or on the Sites, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Layerise Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Layerise Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Layerise Content.
3. Third-Party Services. The Sites may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Layerise, and you do so at your own risk. Layerise is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Sites does not imply approval or endorsement of such Third-Party Service. Layerise is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Sites.
6. Acceptable Use. Your use of the Sites is subject to Layerise’s Acceptable Use Policy. Layerise is not responsible or liable for any user Content or conduct on the Sites. If you become aware of any misuse of the Sites, please report such misuse immediately to Layerise at firstname.lastname@example.org.
7. Compliance with Laws. You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Sites (“Applicable Laws”).
8. Global Availability. Layerise controls the Sites from its Copenhagen, Denmark office. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Layerise makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
9. Indemnity. You agree to defend, indemnify and hold harmless Layerise, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Sites, breach of these Terms (including any Layerise policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Sites, or otherwise transfer, process, use or store in connection with the Sites.
10. Disclaimers. THE SITES AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY LAYERISE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LAYERISE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER LAYERISE’S CONTROL.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL LAYERISE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL LAYERISE’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED $50.00 U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Responsibility for End Users. You are responsible for violations of these Terms by anyone using the Sites with your permission or using your account on an unauthorized basis. Your use of the Sites to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Sites; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Sites, even if such person did not themselves violate the provision.
13. Applicant Privacy Notice. Layerise may, from time to time, post employment opportunities on the Sites and/or invite users to submit resumes to Layerise. If you choose to submit your name, contact information, resume and/or other personal information to Layerise in response to such employment listings, you are authorizing Layerise to use this information for all lawful and legitimate hiring, employment and other business purposes pursuant to our Applicant Privacy Notice. Layerise also reserves the right, at its discretion, to forward such information to Layerise’s affiliates for their legitimate business purposes. Nothing in these Terms or contained on the Sites will constitute a promise by Layerise to review any such information, or to contact, interview or employ any individual who submits such information.
14. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Sites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or if you breach these Terms. Layerise’s right to suspend or terminate your use of Sites applies even if a breach is committed unintentionally or without your authorization if Layerise believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Layerise, its customers or third parties. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the ownership provisions, Indemnity, Disclaimers and Limitations of Liability.
15. Electronic Communications. When you visit the Sites or send emails to Layerise, you are communicating with Layerise electronically; and you consent to receive communications from Layerise electronically. Layerise will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that Layerise provides to you electronically satisfy any legal requirement that such communications be in writing.
16. Changes to these Terms. Layerise may modify these Terms at any time by posting a revised version on the Sites. By accessing the Sites, you agree to the latest version of these Terms.
17. Governing Law. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
18. Miscellaneous. These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Sites from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Layerise. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Layerise’s express prior written consent. Layerise may assign, transfer or sublicense all or any of Layerise’s rights or obligations under these Terms without restriction. The failure of Layerise to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Layerise of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Layerise will not be responsible for failures to fulfill any obligations due to causes beyond its control.