Acceptable Use Policy

Last Updated: Jan 16, 2023

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the personalised generative artificial intelligence (“AI”) tools services and related technologies offered by Layer AI, Inc. (“Layer” or “our”) and the related website located at layer.ai (the “Site”). The “Services” mean the products and services that are ordered by you (hereinafter “Licensee,” “you,” or “your”) under an Order Form or by using the Layer account or provided by Layer to Licensee on a trial basis or otherwise free of charge, to be used by you or by your employees or agents (collectively, “End User(s)”). This Policy supplements, and is incorporated into, Layer’s Software as a Service Subscription Agreement (currently published at layer.ai/terms-of-service) (the “SaaS Agreement”). In the event of any conflict or inconsistency among the following documents, and, except as otherwise expressly set forth in an Order Form and/or signed agreement between the parties, the order of precedence shall be (1) this Policy, (2) the Saas Agreement. Capitalised terms in this Policy that are not otherwise defined in this Policy have the meanings given in the SaaS Agreement.

If you violate this Policy, Layer may deny access, suspend, or terminate your use of the Services (or any part thereof), as well as access to the Site. Layer’s right to suspend or terminate your use of the Services or Site applies even if a breach is committed unintentionally or without your authorization if Layer believes that suspension or termination is necessary to ensure compliance with laws or to protect the rights, safety, privacy, security or property of Layer, its customers or third parties.

Layer may modify this Policy at any time by posting a revised version on the Site. By using the Services or accessing the Site, you agree to the latest version of this Policy.

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Prohibited Uses:

Licensee agrees not to use, and not to encourage or allow any End User to use, the Services or the Site in the following prohibited ways:

  • Modifying, reverse-engineering, hacking or attempting to hack or otherwise discover any source code or underlying ideas or algorithms, limitations or vulnerabilities of the Services;
  • Using the Services or Site in a manner that is, facilitates, or otherwise encourages (a) any illegal, fraudulent, or abusive activities or (b) materially interfering with the business or activities of Layer or harming any of its End Users;
  • Selling, reselling, licensing, sublicensing, providing, leasing, lending, using for time-sharing or service bureau purposes, or otherwise using or allowing others to use the Services for the benefit of any third party, except as permitted by the SaaS Agreement;
  • Attempting to bypass or break any security mechanism of the Services or Site, or using the Services or Site in any other manner that poses a material security or service risk to Layer or any of its other users;
  • Permitting direct or indirect access to or use of the Services or Site for any form of excessive automated bulk activity such as spamming; inauthentic interactions, such as the creation or use of fake accounts and automated inauthentic activity
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack (including any actions, which effectively cause a similar result) on any of the Services or Site, or any other conduct that, at Layer’s sole discretion, materially and adversely impacts the availability, reliability, or stability of the Services or Site;
  • Transmitting, storing, using, displaying, distributing or otherwise making available any content, data or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program or data, including without limitation viruses, Trojan horses, bots, worms, scripting exploits, time bombs or other malicious code;
  • Using the Services or Site to interfere with or disrupt the integrity or performance of the Services or Site (or their components), or to attempt to gain unauthorised access to the Services or Site, or any related systems or networks;
  • Using the Services or Site for any illegal purpose or to violate, or to encourage or facilitate the violation of, any laws (including, without limitation, data protection, privacy, consumer protection, and export control laws);
  • Using the Services or engaging in any Content Sharing that is intentionally misleading, false, with the purpose of harming others, regardless of whether the Generated Content or its dissemination is unlawful;
  • Copying the Services or Site, or any part, feature, function or user interface thereof, or accessing the Services or Site in order to build a competitive product or service;
  • Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
  • Using the Services or Site in any manner that would result in an infringement, dilution, misappropriation or other violation of any intellectual property or proprietary rights of others, including but not limited to copyrights and rights arising from patents, trademarks and trade secrets;
  • Using the Services or Site to create or transmit any material or content that is, facilitates, or encourages libellous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that Layer reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, disability, ethnicity, gender, geographic location, national origin, race, religion, sexual orientation or other protected category;
  • Using the Services produce content or engaging in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased);
  • Using the Services or Site to transmit, store, display, distribute or otherwise make available content that is defamatory, libellous, threatening, harassing, abusive, hateful, deceptive, fraudulent, obscene, indecent, harmful to minors, or otherwise objectionable; 
  • Collecting or using any personal data about Users of the Services or Site without their permission or for any purpose other than for which that End User has authorised its use;
  • Using the Services for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
  • Exploiting vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
  • Generating or disseminating personal identifiable information that can be used to harm an individual; or
  • Attempt to do any of the above.

ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION BY US, IN OUR SOLE DISCRETION, OF YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING A PERMANENT BAN AND YOU WILL FORFEIT ANY REMAINING CREDITS AND FEES PAID FOR THE SERVICES). WE MAY CHANGE THE SERVICES IN OUR SOLE DISCRETION. WE WILL ENDEAVOUR TO PROVIDE REASONABLE NOTICE OF ANY SUSPENSION, TERMINATION, OR CHANGE TO YOU, BUT MAY DO SO WITHOUT NOTICE IF IN OUR SOLE JUDGEMENT, WE NEED TO MAKE CHANGES TO COMPLY WITH LAW, PROTECT OR ENFORCE LEGAL RIGHTS, AVOID OR MITIGATE MISUSE OF THE SERVICES OR ADVERSE LEGAL OR REGULATORY IMPACTS ON US, OR OTHERWISE TO ADDRESS OR PREVENT AN EMERGENCY. IF WE DISABLE YOUR ACCOUNT FOR A VIOLATION OF THE TERMS OR ANY OTHER REASON BASED ON YOUR CONDUCT, YOU MAY NOT CREATE ANOTHER ACCOUNT WITHOUT OUR EXPRESS PERMISSION, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. IF WE LET YOU CREATE A NEW ACCOUNT, IT DOES NOT IMPLY THAT OUR PRIOR DECISION TO DISABLE YOUR ACCOUNT WAS WRONG OR WITHOUT CAUSE. 

Without limiting the foregoing, you acknowledge and agree that Layer may preserve and disclose Your Content and Generated Content if required to do so by law or in Layer’s good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that Your Content and Generated Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Layer, its officers, employees, directors, shareholders, licensors, service providers, agents, and the public.

The Services may block or blur certain Generated Content if we find (in our sole judgement) the content offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Generated Content does not otherwise violate the prohibitions described above. We may also block or remove Generated Content that we otherwise find objectionable or that we believe in our reasonable judgement may expose us or others to any harm or liability.

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Responsibility for End Users

End Users are responsible for violations of this Policy, whether by (i) yourself, (ii) anyone using the Services or Site with your permission, or (iii) using your account on an unauthorised basis. Your use of the Services or Site to assist another person in an activity that would violate this Policy if that activity, when performed by you, is a violation of this Policy. This Policy applies to anyone accessing or using the Services or the Site; however, each prohibition included in this Policy shall be interpreted to include, and apply to, any action directly or indirectly taken, authorised, facilitated, promoted, encouraged or permitted by an End User of the Services or Site, even if such person did not themselves violate the prohibition.

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Monitoring and Enforcement

Layer reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Site. Layer may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing applicable customer data. Layer also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

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Reporting Violations

If you become aware of any violation of this Policy, you must immediately notify Layer by contacting us and providing assistance as reasonably requested to stop or remedy the violation.

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