Terms of Service

1. Acceptance of Terms

By accessing or using LayerV LLC's (“LayerV,” “we,” “us,” or “our”) website and services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.

These Terms apply to all users of our services, including visitors, registered users, and Early Access participants. Please also review our Privacy Policy, which governs how we collect and use your information.

2. Description of Services

LayerV provides network security solutions based on the OpenNHP (Network Hiding Protocol) standard developed by the Cloud Security Alliance. Our services include:

• Infrastructure cloaking and network hiding
• Identity-based access control integration
• Single Packet Authorization (SPA) technology
• Related security monitoring and management tools

Service availability, features, and performance may vary based on your subscription tier and configuration.

3. Shared Responsibility Model

Security is a shared responsibility between LayerV and our customers:

LayerV is responsible for:

• Maintaining the security of our platform infrastructure
• Providing secure service endpoints
• Implementing and updating security protocols
• Monitoring for platform-level threats

Customers are responsible for:

• Proper configuration and deployment of LayerV services
• Managing user access and credentials within their organization
• Maintaining security of their own infrastructure and endpoints
• Implementing appropriate internal security policies
• Keeping integration software and dependencies updated

4. Security Limitations and Disclaimers

No Absolute Security Guarantee: While LayerV employs industry-leading security measures, no security solution can guarantee absolute protection against all threats. Sophisticated attackers, zero-day vulnerabilities, and evolving threat landscapes mean that security requires ongoing vigilance.

Scope of Protection: LayerV's network hiding and cloaking services protect against reconnaissance and unauthorized network access. They do not protect against:

• Threats originating from within your authorized network
• Social engineering attacks targeting your employees
• Vulnerabilities in your application code or configurations
• Physical security breaches
• Compromised credentials from your identity provider

LayerV should be part of a comprehensive, defense-in-depth security strategy, not a standalone solution.

5. Third-Party Integrations

LayerV integrates with third-party identity providers (such as Okta, Azure AD, and other SAML/OIDC providers) and infrastructure platforms. You acknowledge that:

• Third-party services are governed by their own terms and privacy policies
• LayerV is not responsible for the availability, security, or performance of third-party services
• Compromised credentials or vulnerabilities in third-party systems are outside LayerV's control
• You are responsible for properly configuring integrations according to our documentation

We recommend reviewing the security practices of any third-party services you integrate with LayerV.

6. Security Incident Notification

In the event of a security incident affecting your data or access to our services:

• LayerV will notify affected customers within 72 hours of confirming a security incident that impacts customer data
• Notifications will be sent via email to the administrative contact on file and, where appropriate, through our service dashboard
• We will provide information about the nature of the incident, affected systems, and recommended remediation steps
• We will cooperate with customers' incident response processes as reasonably requested

Customers must maintain current contact information to receive security notifications. For urgent security matters, contact security@layerv.ai.

7. Security Testing Policy

Authorized Testing: Customers may conduct security testing (including penetration testing and vulnerability assessments) of their own LayerV-protected infrastructure. Testing must be limited to resources under your control.

Prohibited Testing: You may not perform security testing against LayerV's shared infrastructure, management consoles, or other customers' environments without prior written authorization.

Responsible Disclosure: If you discover a vulnerability in LayerV's systems, please report it through our responsible disclosure program. We appreciate security researchers who help us improve our platform.

8. Early Access Program

Participation in our Early Access Program is subject to approval and additional terms. Early access participants agree to:

• Provide feedback on product functionality and user experience
• Maintain confidentiality of non-public features and information
• Use the service only for evaluation and testing purposes
• Report any security vulnerabilities through our responsible disclosure program
• Acknowledge that Early Access features may change or be discontinued

Early Access services are provided without service level guarantees. Production use during Early Access is at your own risk.

9. Acceptable Use Policy

You agree to use LayerV services only for lawful purposes. The following activities are strictly prohibited:

Prohibited Uses:

• Using LayerV to hide infrastructure used for illegal activities, including but not limited to: malware distribution, phishing, fraud, or cyberattacks
• Circumventing security controls or access restrictions on systems you are not authorized to access
• Using the service to evade law enforcement or regulatory oversight
• Distributing spam, malware, or other harmful content through LayerV-protected systems
• Reselling or redistributing LayerV services without authorization
• Attempting to reverse engineer, decompile, or extract source code from our platform
• Interfering with or disrupting the integrity or performance of our services
• Using automated systems to abuse or overload our APIs beyond reasonable usage patterns

Violation of this policy may result in immediate suspension or termination of your account without refund.

10. User Responsibilities

You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials and API keys
• Promptly notify us of any unauthorized access to your account
• Use our services in compliance with all applicable laws and regulations
• Not attempt to circumvent security measures or gain unauthorized access
• Not use our services for any illegal, harmful, or malicious activities
• Not resell, sublicense, or redistribute our services without authorization

11. Export Control and Sanctions Compliance

LayerV services may be subject to export control laws and regulations, including the U.S. Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). By using our services, you represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions)
• You are not on any U.S. government restricted parties list, including the Specially Designated Nationals (SDN) list or Entity List
• You will not use LayerV services in violation of any applicable export control or sanctions laws
• You will not re-export, transfer, or provide access to LayerV services to any prohibited party or destination

We reserve the right to deny or terminate service to any user or region as required to comply with applicable laws.

12. Intellectual Property

All content, trademarks, logos, and intellectual property on our website and in our services are owned by LayerV or our licensors. You may not copy, modify, distribute, or create derivative works without our express written permission.

LayerV's implementation is built on the open-source OpenNHP protocol developed by the Cloud Security Alliance. The OpenNHP protocol itself is governed by its own open-source license, available at github.com/OpenNHP/opennhp.

You retain ownership of your data and configurations. You grant LayerV a limited license to process your data solely to provide our services.

13. Data Processing and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to such processing.

Data Retention: Upon account termination, we retain your data for 30 days to allow for reactivation or data export. After this period, data is permanently deleted within 90 days, except where longer retention is required by law or for legitimate business purposes (such as billing records).

Data Processing Agreements: For enterprise customers requiring Data Processing Agreements (DPA) for GDPR, CCPA, or other regulatory compliance, please contact us at legal@layerv.ai. A list of our subprocessors is available upon request.

We do not sell your data to third parties. We process data only as necessary to provide and improve our services.

14. Compliance and Certifications

LayerV is committed to maintaining industry-standard security practices. Information about our security certifications, compliance reports (such as SOC 2), and security practices is available upon request for qualified prospects and customers.

To request compliance documentation, please contact security@layerv.ai.

15. Service Levels and Availability

Service level commitments, including uptime guarantees and support response times, are defined in your Service Level Agreement (SLA) if applicable to your subscription tier.

We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance windows will be communicated in advance when possible.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ALL SECURITY THREATS WILL BE DETECTED OR PREVENTED; (C) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (D) ANY DEFECTS WILL BE CORRECTED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERV AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO LAYERV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LAYERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LAYERV SHALL NOT BE LIABLE FOR SECURITY INCIDENTS RESULTING FROM: (A) YOUR FAILURE TO PROPERLY CONFIGURE OUR SERVICES; (B) YOUR FAILURE TO FOLLOW SECURITY BEST PRACTICES; (C) COMPROMISED CREDENTIALS FROM YOUR IDENTITY PROVIDER; (D) VULNERABILITIES IN YOUR OWN SYSTEMS OR APPLICATIONS; OR (E) FAILURES OF THIRD-PARTY INTEGRATIONS OUTSIDE OUR CONTROL.

18. Indemnification

You agree to indemnify, defend, and hold harmless LayerV and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms or the Acceptable Use Policy
• Your violation of any applicable law or third-party rights
• Any content or data you submit through our services
• Your failure to comply with export control or sanctions requirements

19. Dispute Resolution and Arbitration

Informal Resolution: Before filing any formal dispute, you agree to contact us at legal@layerv.ai to attempt to resolve the dispute informally. We will attempt to resolve any dispute within 30 days.

BINDING ARBITRATION: IF INFORMAL RESOLUTION FAILS, ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH SAID RULES. THE ARBITRATION SHALL TAKE PLACE IN WILMINGTON, DELAWARE, OR REMOTELY AT THE OPTION OF THE PARTIES. ANY JUDGMENT RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE CONFIRMED, ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION AND THE CONTRACTOR SHALL BE BOUND BY THAT DECISION.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

20. Termination

Termination by You: You may terminate your account at any time by contacting us or using account management features if available.

Termination by LayerV: We may suspend or terminate your access to our services at any time for violation of these Terms, non-payment, or other reasonable cause. We will provide notice when practicable.

Effect of Termination: Upon termination: (a) your right to use our services will immediately cease; (b) your data will be retained for 30 days, then permanently deleted within 90 days; (c) provisions that by their nature should survive will survive, including Sections 12, 16, 17, 18, 19, and 21.

21. 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 its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

22. Force Majeure

LayerV shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or cyberattacks affecting critical infrastructure.

23. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or prominent notice on our website before the changes take effect.

Your continued use of our services after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using our services.

We recommend reviewing these Terms periodically. The “Effective Date” and version number at the top indicate when these Terms were last updated.

24. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

25. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Level Agreement or Order Form, constitute the entire agreement between you and LayerV regarding our services. These Terms supersede any prior agreements or understandings, whether written or oral.

No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

26. Contact Us

If you have questions about these Terms, please contact us:

For security vulnerabilities, please see our security policy.