Draft — not yet reviewed by counsel, and not in force.

Terms of Service

Effective [EFFECTIVE DATE]

These terms are an agreement between [COMPANY LEGAL NAME], [COMPANY ADDRESS] ("we", "us") and the organization that creates an account ("you", "the Customer"). By creating an account or using the service you agree to them on behalf of that organization, and confirm you may.

1. The service

LayerSift identifies devices and judges whether requests to your sites and apps come from people or from automation: a browser agent and mobile SDKs that you place in your pages and apps, an API, edge and server integrations, and a dashboard (together, "the Service"). Its verdicts are advice. What your systems do with them — allow, challenge, refuse — is your decision.

2. Accounts

You keep your credentials secret, turn on two-factor sign-in for anyone who can manage keys or billing, and are responsible for what is done under your account. Tell us at [SECURITY EMAIL] if you believe an account or key was compromised.

3. Your responsibilities toward your end users

You decide to use the Service on your sites and apps and you are the controller of the personal data it processes about your end users; we process it on your behalf under the Data Processing Addendum, which is part of these terms. You give your end users the notices and obtain the consents your law requires for device identification and fraud prevention — including, where the ePrivacy rules apply, for storing or reading information on their devices.

4. Acceptable use

You will not use the Service to: profile people for purposes other than security, fraud prevention and abuse prevention; discriminate against people on protected grounds; track people across unrelated sites; resell or expose the Service's verdicts or identifiers as a product of your own; probe, reverse engineer or overload the Service beyond normal integration and testing; or break the law.

5. Trial, fees and billing

A new organization has a free trial of fourteen days and a number of billable calls set out on the pricing page. After it, the Service is provided under the plan you subscribe to, billed in advance for the monthly fee and in arrears for metered calls, through our payment processor, Stripe. Fees exclude taxes, which you pay where they apply. If a trial ends or a subscription lapses, identifications and assessments are refused until you subscribe; your data is kept for the retention you chose. Fees already paid are not refunded except where the law requires it.

6. Availability

We operate the Service to be available and to fail safely: the integrations are built to let your traffic through when the Service cannot be reached, so an outage of the Service reduces protection rather than blocking your users. No service is uninterrupted; except where a separate written agreement states a service level, the Service is provided without one.

7. Data and regions

You choose the region your organization's data is stored and processed in when you sign up (United States, European Union or Asia-Pacific); it is not moved out of it. You can export your data through the API and delete it at any time; we delete it as the DPA describes when the agreement ends.

8. Intellectual property

We own the Service and everything we provide with it; you own your data. You grant us the rights we need to provide the Service to you, and — where you take part in network reputation — to use digests of addresses that misbehaved on your sites to protect other customers, as the dashboard describes. We may use aggregated, non-identifying measurements of the Service's performance to improve it.

9. Confidentiality

Each party keeps the other's non-public information confidential and uses it only for this agreement.

10. Warranties and liability

The Service is provided "as is". No detection system catches every bot or never mistakes a person for one, and we do not promise it will. To the extent the law allows, neither party is liable for indirect or consequential damages, and each party's total liability under this agreement is limited to the fees you paid in the twelve months before the claim. Nothing limits liability that cannot be limited by law.

11. Term and termination

The agreement runs until either party ends it. You can end it by deleting your organization. We can suspend or end it for a material breach not cured within thirty days of notice, or at once for abuse that endangers the Service or others.

12. Changes

We may change these terms; we tell you at least thirty days before a material change takes effect, by email or in the dashboard.

13. Law

These terms are governed by the laws of [JURISDICTION], and the courts of [COURTS] have jurisdiction, without prejudice to mandatory consumer or data protection law.

14. Contact

[COMPANY LEGAL NAME] · [COMPANY ADDRESS] · [CONTACT EMAIL]