Terms of Service

These terms are an agreement between you and In-box, a business based in New Zealand ("we", "us"). They apply to your use of LayerSend, the website at layersend.org and the service behind it (together, the "service").

By creating an account or using the service you agree to these terms and to our Privacy Policy. If you use the service for a company, you confirm that you are allowed to accept these terms for that company. If you do not agree, please do not use the service.

LayerSend lets you upload a flat email design image (JPG or PNG), cut it into sections, mark sections as images or text, and turn the result into an HTML email template. You can push that template to one or more Klaviyo accounts that you connect.

We may improve, change or remove features over time. We will try to give notice of changes that significantly reduce what you can do.

• You must give accurate details when you sign up and keep them up to date.
• You are responsible for keeping your password safe and for what happens under your account. Tell us promptly if you think someone else has access.
• One account is for one person. Please do not share your login.
• You must be at least 16 years old, and old enough to enter a contract where you live.

LayerSend is sold as a single paid subscription. The current plan is called Pro and costs $100/month. Taxes may be added where they apply. The exact amount and billing period are always shown at checkout before you pay.

New accounts can start with a 7-day free trial. The trial is offered once, on your first subscription only. You enter a payment card at checkout, which Stripe collects and stores. If you cancel before the trial ends, you are not charged. If you do not, your first payment is taken when the trial ends.

• Payments are processed by Stripe. We never see or store your card number. We keep your Stripe customer and subscription identifiers and the status of your subscription.
• A subscription renews automatically at the end of each billing period, for the same period and at the then-current price, until you cancel.
• You can cancel at any time in Settings, under Billing, with Manage subscription. That opens the Stripe billing portal. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. If you cancel during a free trial, you are not charged.
• We do not give refunds for a part of a billing period that has already started, except where the law requires it.
• If a payment fails, we may pause your access until the payment succeeds. Your projects are not deleted while that happens.
• If we change the price, we will email you at least 30 days beforehand, and the new price applies from your next billing period. If you do not want the new price, you can cancel before it takes effect.

Your "content" means the designs and images you upload, the slices and settings you create from them, and the templates we generate for you. You own your content. We do not claim any ownership of it.

You give us a limited, non-exclusive licence to host, copy, process and transmit your content, only as needed to run the service for you. That includes storing it, showing it back to you, running the AI features you use, and sending templates to the Klaviyo accounts you choose. The licence ends when your content is deleted from the service, apart from short-lived copies that sit in backups.

You promise that you have the rights needed to upload your content and to use it in the way you intend, and that it does not break the law or anyone else's rights. We do not use your content to train AI models.

You agree not to:

• upload or send anything illegal, infringing, defamatory, deceptive or harmful, including malware or phishing content;
• use the service to send spam, or to send email without the consent or legal basis that the law requires;
• reverse engineer, scrape or copy the service, or try to get around its limits or security;
• overload the service, or abuse rate limits of ours or of any connected service;
• share your account, or resell or offer the service to others as your own;
• use the service in a way that could damage, disable or impair it for anyone else.

To push a template, you connect your own Klaviyo account by giving us a private API key from that account. You must have the right to do so. Keep the key limited to the permissions the service asks for, and remove it from LayerSend if you no longer want us to use it.

You are responsible for your Klaviyo account, for the templates you create there, and for every email you send from it. That includes following the laws and rules that apply to email marketing in the places you send to, such as CAN-SPAM, GDPR and similar consent rules. LayerSend does not send your campaigns and does not check your sending for compliance.

We are not affiliated with, endorsed by or sponsored by Klaviyo. Klaviyo, Stripe and the other services we rely on have their own terms, and those apply to your use of them. We are not responsible for their services, changes to them, or outages.

Some features use AI, such as detecting fonts, writing alt text for images, and suggesting how to split a layout. AI output can be wrong, incomplete or unsuitable. It is a suggestion, not a promise. You are responsible for reviewing it, and for checking the final email, before you send it to anyone.

The service itself, including its software, design, text and branding, belongs to us or our licensors. These terms give you a right to use it, not to own it. If you send us feedback or ideas, we may use them without owing you anything.

You can stop using the service at any time, and you can cancel a paid subscription as described above. To close your account and have your data deleted, contact us.

We may suspend or end your access if you break these terms, if your use puts the service or other people at risk, if you do not pay, or if the law requires it. Where it is reasonable to do so, we will tell you why and give you a chance to fix the problem first. Sections that are meant to continue after the agreement ends, such as those on ownership, liability and governing law, will do so.

The service is provided "as is" and "as available". We do not promise that it will be uninterrupted or error free, that it will meet every need, or that generated templates will display identically in every email client. To the extent the law allows, we exclude all warranties that are not set out in these terms.

To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill, arising from your use of the service.

To the extent the law allows, our total liability for any claim connected with the service is limited to the amount you paid us in the 12 months before the event that gave rise to the claim.

Nothing in these terms limits any right you have under consumer protection law that cannot be excluded, or any liability that cannot be limited by law.

LayerSend is a tool for businesses. If you use it for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent that is allowed by section 5D of that Act.

You agree to cover our reasonable costs and losses if a third party makes a claim against us that arises from your content, from the emails you send, or from your breach of these terms or of the law.

We may update these terms. If a change is significant, we will tell you by email or in the service before it takes effect. The date at the top shows when they were last updated. If you keep using the service after a change takes effect, you accept the new terms. If you do not accept them, you can stop using the service and cancel.

These terms are governed by the laws of New Zealand. The courts of New Zealand can hear any dispute about them, except where mandatory consumer law lets you bring a claim in the place where you live.

• If a part of these terms is found to be unenforceable, the rest still applies.
• These terms and the Privacy Policy are the whole agreement between you and us about the service, and replace anything earlier.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer your rights under these terms without our consent. We may transfer ours as part of a sale or reorganisation of the business.

Questions about these terms are welcome.

Email us at gavin@in-box.co.nz.