Terms of Service — LayerWise

Welcome to LayerWise ("LayerWise", "we", "our", or "us").

These Terms of Service ("Terms") govern your access to and use of the LayerWise Shopify application, website, and any related services (collectively, the "Services").

By installing, accessing, or using the Services, you ("Merchant", "you", or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not install or use the Services.

1. Eligibility

The Services are intended solely for businesses and individuals operating Shopify stores.

By using the Services, you represent and warrant that:

you have the authority to bind the Shopify store to these Terms;
all information provided to us is accurate;
your use of the Services complies with applicable laws and Shopify's Terms of Service.

2. Description of the Services

LayerWise provides Shopify merchants with tools to:

create personalized beauty and skincare routines;
associate routines with Shopify products;
display post-purchase recommendation widgets;
create and manage Shopify Metaobjects;
send merchant-configured routine emails;
manage routine-related storefront content.

The Services may evolve over time, and we reserve the right to modify, improve, replace, suspend, or discontinue features at any time.

3. Merchant Account

Access to the Services requires an active Shopify store.

Your Shopify account serves as your authentication method.

You are responsible for:

maintaining the security of your Shopify account;
all activities performed through your account;
ensuring that only authorized personnel have access.

4. Subscription and Billing

LayerWise may offer:

Free plans
Free trials
Paid subscription plans

Paid subscriptions are billed through the Shopify Billing API.

Subscription fees, billing intervals, and pricing are displayed within Shopify before any charge is accepted.

By approving a charge, you authorize Shopify to collect applicable subscription fees on our behalf.

Failure to pay applicable fees may result in suspension or termination of access to paid features.

5. Upgrades, Downgrades and Plan Changes

Merchants may upgrade or downgrade their subscription at any time through Shopify.

Unless otherwise stated:

Merchant-created data remains available after plan changes.
Certain premium features may become unavailable when moving to lower-tier plans.
Upgrading a subscription does not modify previously created Merchant data.

6. Free Trial

If a free trial is offered, Merchants may use eligible features during the trial period.

Unless cancelled before the trial expires, Shopify may automatically begin billing according to the selected subscription plan.

Free trial eligibility may be limited to one trial per Shopify store.

7. Merchant Content

Merchants retain ownership of all content created using the Services, including but not limited to:

routines;
recommendation rules;
email templates;
uploaded assets;
product associations;
widget configurations;
campaign settings.

LayerWise does not claim ownership of Merchant Content.

You grant LayerWise a limited license to store, process, display, and transmit Merchant Content solely for the purpose of operating the Services.

8. Customer Information

Customer information processed through Shopify remains under the control of the Merchant.

LayerWise processes Customer information solely on behalf of the Merchant for the purpose of:

generating routines;
displaying recommendation widgets;
sending merchant-initiated routine emails;
providing requested functionality.

Customer Personal Information is processed only as described in our Privacy Policy.

9. Acceptable Use

You agree not to:

violate applicable laws;
violate Shopify policies;
reverse engineer, decompile, or attempt to access the source code of the Services;
interfere with the operation or security of the Services;
upload malicious software;
send unsolicited or unlawful email campaigns;
infringe intellectual property rights;
use the Services to distribute harmful, fraudulent, misleading, or unlawful content.

We reserve the right to suspend or terminate accounts engaging in prohibited activities.

10. Merchant Responsibilities

You are solely responsible for:

all routines created through the Services;
recommendation logic;
email content;
product claims;
compliance with consumer protection laws;
compliance with applicable privacy laws;
obtaining any legally required customer consent.

LayerWise does not review or verify Merchant-created content.

11. No Medical Advice

LayerWise is a commerce enablement platform.

The Services, including generated routines and recommendations, are provided solely for informational, merchandising, and customer engagement purposes.

Nothing provided through the Services constitutes:

medical advice;
dermatological advice;
pharmaceutical advice;
diagnosis or treatment recommendations.

Merchants remain solely responsible for any health-related statements presented to Customers.

12. Shopify Platform Dependency

Certain functionality depends upon Shopify services, including but not limited to:

Shopify APIs;
Metaobjects;
Theme App Extensions;
Shopify Checkout;
Shopify infrastructure.

Changes made by Shopify may affect certain features.

LayerWise is not responsible for interruptions, feature limitations, or incompatibilities resulting from changes introduced by Shopify.

13. Service Availability

We strive to maintain the availability and reliability of the Services.

However, we do not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times.

Maintenance, upgrades, security events, third-party outages, or circumstances beyond our reasonable control may temporarily affect availability.

14. Support

Support is available through:

email at support@getlayerwise.com
Intercom live chat

We aim to respond as promptly as reasonably possible.

Response times are not guaranteed and may vary depending on workload, issue complexity, business hours, and holidays.

15. Experimental Features

From time to time, LayerWise may make experimental, beta, preview, or early-access features available.

Such features:

may be incomplete;
may change without notice;
may be discontinued at any time;
are provided "AS IS";
may not receive the same support or availability as generally released features.

Merchants use experimental features at their own risk.

16. Data Retention After Uninstallation

When a Merchant uninstalls the App:

Merchant-created data is retained for up to ninety (90) days.
During this period, Merchants may request restoration if the App is reinstalled.

After ninety (90) days, data may be permanently deleted.

Merchants may also request immediate deletion of their data at any time.

17. Intellectual Property

Except for Merchant Content, all rights, title, and interest in the Services, including:

software;
source code;
trademarks;
logos;
documentation;
user interfaces;
designs;
technology;

remain the exclusive property of LayerWise or its licensors.

Nothing in these Terms transfers ownership of LayerWise intellectual property to the Merchant.

18. Suspension and Termination

We may suspend or terminate access to the Services if:

these Terms are violated;
Shopify suspends your store;
fraudulent activity is suspected;
the Services are used unlawfully;
use of the Services creates security risks;
continued access could harm LayerWise or other users.

Termination does not relieve Merchants of outstanding payment obligations.

19. Refund Policy

Subscription fees are generally non-refundable.

Refund requests are reviewed on a case-by-case basis.

Where billing is processed through Shopify, applicable Shopify billing policies may also apply.

20. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERWISE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
CONTINUOUS AVAILABILITY;
ERROR-FREE OPERATION.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERWISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.

IN NO EVENT SHALL LAYERWISE'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE MERCHANT TO LAYERWISE THROUGH SHOPIFY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

22. Indemnification

You agree to defend, indemnify, and hold harmless LayerWise from any claims, damages, liabilities, losses, costs, and expenses arising from:

your use of the Services;
Merchant-created content;
violation of these Terms;
violation of applicable law;
infringement of third-party rights.

23. Changes to the Services

We may modify, improve, replace, or discontinue any portion of the Services at any time.

Where practical, we will make reasonable efforts to provide advance notice of material changes.

24. Changes to These Terms

We may revise these Terms periodically.

Updated versions will become effective upon publication unless otherwise stated.

Continued use of the Services constitutes acceptance of the revised Terms.

25. 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 conflict of law principles.

Any dispute arising from these Terms shall be resolved in the appropriate courts located within the State of Delaware, unless otherwise required by applicable law.

26. Contact

Questions regarding these Terms may be directed to:

LayerWise

Website: https://getlayerwise.com

Email: support@getlayerwise.com