Terms of Service

Last Updated: August 10, 2026

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by ActiveLayer LLC (“ActiveLayer”) and located at activelayer.com, app.activelayer.com and *.activelayer.com (the “Site”), including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the AI-powered spam detection, filtering, and protection services that enable you to identify, block, and manage spam, bot traffic, fraudulent submissions, and other abusive content on your websites, forms, and applications (the “Services”). This Agreement is legally binding between you, the person using this Site, and ActiveLayer. Terms such as “we,” “our” and “us” refer to ActiveLayer.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO ACTIVELAYER’S PRIVACY POLICY LOCATED AT https://activelayer.com/privacy/ (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

ActiveLayer may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with ActiveLayer, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as API keys, identification or contact details) as part of the registration process for the Services or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information, API keys or passwords. Accordingly, you agree that you will be solely responsible to ActiveLayer for all activities that occur under your account.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password or API keys to any third party. You are solely responsible for all activities that occur under your account or under your profile information, including all API requests made using your API keys. If you become aware of any unauthorized use of your password, API keys, or account, you agree to notify ActiveLayer immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

Fees

You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the ActiveLayer Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign up for multiple accounts in order to receive additional benefits under any Trial Programs.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may be incurred by making a purchase of our Services.

Submission of Content and Processed Data

The Site and the Services enable you to provide, upload, transmit or import content, including but not limited to form submissions, comments, messages, email content, user data, IP addresses, metadata, text, web pages and other information or content submitted to or through your websites and applications for analysis by the Services (collectively, “Content”), to ActiveLayer for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload, transmit or import for analysis, and the consequences of submitting it.

Your Content is your content. This means that all Content that belongs to you will continue to belong to you.

Note that if you cancel your Subscription, ActiveLayer will discontinue providing spam analysis, filtering, logging, and any integration and back-end services for your websites and applications. This means that you will no longer be able to use your account to access submission logs, spam reports, analytics, or other records generated through your use of the Services.

ActiveLayer will use Content you submit for analysis in connection with providing the Services to you. You agree that by uploading, transmitting, importing or otherwise providing any Content on or through the Site and/or the Services, you grant, and have all necessary rights and permissions to grant, to ActiveLayer a worldwide, non-exclusive, royalty-free license to use, reproduce, process, analyze and display all or any portion of such Content in connection with providing the Services to you, including the right to host, index, cache or otherwise format your Content in order to provide the Services.

You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein — including, where applicable, all notices to and consents from end users of your websites and applications required for the collection and processing of their data by ActiveLayer as your service provider — and that its provision to ActiveLayer or ActiveLayer’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

ActiveLayer retains the right to use or distribute any Aggregated Data generated by our customers or users, including for the purpose of training, testing, and improving ActiveLayer’s spam detection models and algorithms. “Aggregated Data” means records which have been stripped of information potentially identifying customers, websites or end users, and which have been manipulated or combined to provide generalized, anonymous information. Improving detection accuracy for all customers depends on learning from spam patterns observed across the Services, and you consent to such use of Aggregated Data.

AI-Powered Services; No Guarantee of Detection Accuracy

The Services use artificial intelligence, machine learning models, heuristics, and other automated techniques to classify content as spam, fraudulent, abusive, or legitimate. You acknowledge and agree that:

  • No spam detection technology is perfect, and the Services will not identify or block all spam, bot traffic, fraudulent submissions, or abusive content (“false negatives”);
  • The Services may occasionally classify legitimate content, submissions, or users as spam (“false positives”);
  • Classification results, scores, and recommendations generated by the Services are probabilistic in nature and are provided for informational purposes to assist your own decision-making;
  • You are solely responsible for reviewing classification results, configuring the Services (including sensitivity thresholds, allow lists, and block lists), and determining what actions to take with respect to content flagged by the Services; and
  • ActiveLayer makes no representation, warranty, or guarantee regarding the accuracy, completeness, or reliability of any classification, score, or output generated by the Services, and shall have no liability for any loss, damage, or consequence arising from false positives, false negatives, or any action you take or fail to take in reliance on the Services’ output.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, ActiveLayer trademarks, and the software, models, and technology provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including machine learning models, algorithms, APIs, and computer programs) and other media, material or information, other than your Content, are and will remain the property of ActiveLayer or its software or content suppliers. The Site is protected under United States and international copyright, trademark and other laws and treaties.

Subject to the terms and conditions of this Agreement, ActiveLayer grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to ActiveLayer related to the Services, the Site or ActiveLayer or its business (“Feedback”) shall become ActiveLayer’s property without any compensation or other consideration payable to you by ActiveLayer, and you do so of your own free will and volition. ActiveLayer may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative ActiveLayer may decide into the Site, its software, models, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to ActiveLayer in any Feedback and, as applicable, waive any moral rights.

ActiveLayer owns any test results, detection statistics, model outputs, and other output generated by your use of the Site and/or the Services during the term of this Agreement, excluding your Content.

ActiveLayer™ and the ActiveLayer logo are trademarks or service marks of ActiveLayer LLC or its affiliates. All custom graphics, icons, logos and service names are trademarks or service marks of ActiveLayer LLC or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of ActiveLayer LLC or its affiliates.

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party any Confidential Information acquired, learned or provided from ActiveLayer during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, detection techniques, model architectures, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kind.

Acceptable Use and Conduct

You agree that you will not publish or make available any Content that, or use the Site or the Services in a manner that:

  • infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
  • contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • uses the Services to facilitate, test, refine, or otherwise assist in the creation or distribution of spam, bot traffic, phishing campaigns, or other abusive content, including probing the Services to determine how to evade spam detection (whether ours or any third party’s);
  • engages in spamming, “chain letters,” “pyramid schemes,” advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally accepted advertising or marketing industry guidelines;
  • is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
  • is harmful to minors in any way;
  • is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by ActiveLayer;
  • impersonates an ActiveLayer employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or is used to obtain access to the Site or a portion thereof without proper authorization;
  • interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or disrupts the normal flow of the Services with an excessive number of requests (flooding attack), or otherwise negatively affects other persons’ ability to use the Site or Services, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site, the Services or any other site or system in use by another user of ActiveLayer;
  • uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein, other than authorized use of the ActiveLayer API in accordance with our documentation;
  • facilitates the unlawful distribution of copyrighted Content;
  • licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third-party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services, except as expressly permitted in writing by ActiveLayer (e.g., under an agency or reseller agreement);
  • includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services;
  • constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
  • stalks or otherwise harasses anyone on the Site or with information obtained from the Site or Services;
  • collects, uses or discloses data, including personal information, about end users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  • requests, solicits or otherwise obtains access to usernames, passwords, API keys or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
  • attempts to gain unauthorized access to the computer systems of ActiveLayer or engages in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
  • posts adult or pornographic Content;
  • decompiles or reverse engineers or attempts to access the source code, models, or training data underlying the Site, the Services or any other ActiveLayer technology;
  • copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivative works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
  • accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
  • accesses the Site or Services for the purposes of monitoring their availability, performance, functionality or detection accuracy, or for any other benchmarking or competitive purposes; or
  • accesses the Site or Services to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.

Fair Usage Limits

Unless otherwise agreed to in writing, you are subject to the following usage limits:

Standard Plans

PlanSpam Checks
Free1,000 total (one-time allowance)
Pro5,000 to 250,000 per month, based on the volume tier selected in your Subscription

Enterprise Plans

Enterprise plans consist of accounts that require more than 250,000 spam checks per month (500,000+ checks per month). All Enterprise plans are quoted with custom usage limits and terms.

Usage Measurement and Overages

A spam check is counted each time a form submission or other Content is sent to the Services for analysis, including requests made via the ActiveLayer WordPress plugin, direct API calls, or any other integration that submits Content to our detection endpoint.

On the Free plan, spam checks stop once the one-time allowance of 1,000 checks has been used. On Pro plans, once you reach the monthly limit of your selected volume tier, submissions to your websites and applications will continue to function but will not receive spam analysis until your quota resets at the start of your next billing cycle or you upgrade to a higher volume tier. Usage that consistently exceeds the limits of your plan will be subject to a Subscription or volume tier upgrade that meets your usage needs. ActiveLayer retains the right to modify the foregoing usage limits and/or to create new limits at ActiveLayer’s sole discretion. ActiveLayer’s failure to enforce at any time any of the foregoing usage limits shall not constitute a waiver of any such limit or of any other provision in this Agreement.

Disclaimer of Warranties

YOUR USE OF THE SITE, THE SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD-PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVELAYER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ACTIVELAYER DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL DETECT, IDENTIFY, BLOCK OR PREVENT ALL SPAM, BOT TRAFFIC, FRAUDULENT SUBMISSIONS OR ABUSIVE CONTENT, OR THAT THE SERVICES WILL NOT CLASSIFY LEGITIMATE CONTENT AS SPAM. YOU ACKNOWLEDGE THAT SPAM AND ABUSE TECHNIQUES EVOLVE CONTINUOUSLY AND THAT DETECTION RESULTS MAY VARY OVER TIME.

ACTIVELAYER DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, ACTIVELAYER MAY REMOVE THE SITE OR SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT ACTIVELAYER, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. ACTIVELAYER MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU, INCLUDING BUT NOT LIMITED TO YOUR API KEYS; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.

ACTIVELAYER IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY ACTIVELAYER, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY ACTIVELAYER.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT, WEBSITES AND APPLICATIONS ARE COMPATIBLE WITH THE SITE AND SERVICES. ACTIVELAYER DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVELAYER OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY ACTIVELAYER FROM ITS FACILITIES IN THE UNITED STATES. ACTIVELAYER MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Web Content Accessibility Guidelines Compliance Disclaimer (WCAG Disclaimer)

YOU ACKNOWLEDGE AND AGREE THAT ACTIVELAYER DOES NOT WARRANT, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE IS OR SHALL EVER BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, WCAG 2.2 AND/OR ANY SUCCESSOR LAWS OR GUIDELINES (COLLECTIVELY, “WCAG COMPLIANCE”).

YOU FURTHER ACKNOWLEDGE AND AGREE THAT ACTIVELAYER DOES NOT WARRANT, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE, CODING, AND/OR PROGRAMMING CAN BE MODIFIED TO MEET WCAG COMPLIANCE.

BY USING, INSTALLING AND/OR OTHERWISE INTEGRATING THE SERVICES ON YOUR WEBSITE, A THIRD-PARTY WEBSITE, AND/OR ANY OTHER ONLINE PLATFORM, YOU EXPRESSLY ACCEPT THE SERVICES AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE TO ENSURE THAT YOUR WEBSITE AND/OR YOUR INTENDED USE OF THE SERVICES MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS, AS REQUIRED BY LAW, WHICH MAY CHANGE FROM TIME TO TIME. YOU FURTHER AGREE TO TEST THE SERVICES AND ALL OF THEIR FUNCTIONALITY AND FEATURES ON YOUR WEBSITE LOCALLY PRIOR TO ALLOWING THE SERVICES TO BECOME LIVE TO THE PUBLIC IN ORDER TO ENSURE THAT YOU ARE ABLE TO MEET WCAG COMPLIANCE. FURTHER, IT IS YOUR RESPONSIBILITY TO REMAIN INFORMED ON ALL ISSUES AND REQUIREMENTS RELATING TO WCAG COMPLIANCE.

IN NO EVENT SHALL ACTIVELAYER (INCLUDING ANY OF ITS AUTHORIZED REPRESENTATIVES, PRINCIPALS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, ASSOCIATES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, LICENSEES AND/OR OWNERS) BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF FOR ANY FAILURE TO MEET WCAG COMPLIANCE. YOU AGREE TO TAKE ALL RESPONSIBILITY RELATED TO MEETING WCAG COMPLIANCE.

IN THE EVENT THERE ARE ANY CONTRADICTIONS BETWEEN THE TERMS CONTAINED IN THIS WCAG DISCLAIMER AND ANY OTHER TERMS OF SERVICE ON THIS SITE, THEN THE TERMS HEREIN SHALL CONTROL AS TO ANY INCONSISTENCIES.

Third-Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under ActiveLayer’s control, and you acknowledge that ActiveLayer is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by ActiveLayer or any association with its operators. You further acknowledge and agree that ActiveLayer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products and services on third-party sites or available through third-party sites, is solely at your own risk.

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ACTIVELAYER SHALL HAVE NO LIABILITY FOR ANY DAMAGES ARISING FROM SPAM, BOT TRAFFIC, FRAUDULENT SUBMISSIONS OR OTHER ABUSIVE CONTENT THAT THE SERVICES FAIL TO DETECT OR BLOCK, OR FROM LEGITIMATE CONTENT, SUBMISSIONS, USERS OR TRANSACTIONS THAT THE SERVICES INCORRECTLY CLASSIFY OR BLOCK. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN ACTIVELAYER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES. YOU ALSO AGREE THAT ACTIVELAYER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

ActiveLayer reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. ActiveLayer shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.

Indemnity

You agree to indemnify, defend, and hold harmless ActiveLayer, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, members, employees and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to this Agreement, the Site or the Services, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third-party Content; (b) your breach or alleged breach of this Agreement; (c) your violation of any rights, including intellectual property or privacy rights, of a third party, including end users of your websites and applications; and (d) any claim that your collection or processing of end-user data through the Services violated applicable law. ActiveLayer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ActiveLayer and you agree to cooperate with ActiveLayer’s defense of these claims. You agree not to settle any matter without the prior written consent of ActiveLayer. ActiveLayer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Automatic Renewals

Unless you notify ActiveLayer LLC before the end of the applicable subscription period that you want to cancel your renewal, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly Subscription fee for such renewal using any credit card or other payment medium we have on record for you. A Subscription can be cancelled at any time in the [Account and Billing] section of your dashboard.

Cancellation and Termination

If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support at https://activelayer.com/contact/ and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you cancelled, provided however that if you cancel your Subscription within the first fourteen (14) days of opening your ActiveLayer account, you will receive a refund of your Subscription fee.

Upon cancellation of your Subscription, ActiveLayer is under no obligation to maintain or store your account information or Content. ActiveLayer may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with ActiveLayer’s processes and practices.

ActiveLayer reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, ActiveLayer may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. ActiveLayer also reserves the right to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of the United States. ActiveLayer reserves the right to terminate any portion of the Site or Services at any time, for any reason, with or without notice.

Refund Policy

The ActiveLayer no-risk money-back guarantee offers that, if you don’t like ActiveLayer over the first 14 days, you may cancel anytime without any risk by contacting our support team at https://activelayer.com/contact/. Neither free trial accounts nor renewals are eligible for refunds.

If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund.

Discount Policy

On occasion, ActiveLayer may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that they are only applied for the first term of the Subscription selected. Discount codes do not perpetuate with the life of the Subscription. After your initial term has passed, Subscriptions will be charged the regular price.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and ActiveLayer about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in West Palm Beach, Palm Beach County, Florida, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that ActiveLayer may seek and obtain injunctive relief in any jurisdiction.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if ActiveLayer does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which ActiveLayer has the benefit of under any applicable law), this will not be taken to be a formal waiver of ActiveLayer’s rights and that those rights or remedies will still be available to ActiveLayer.

Surviving Provisions

The sections of “Submission of Content and Processed Data,” “AI-Powered Services; No Guarantee of Detection Accuracy,” “Intellectual Property Rights,” “Confidential Information,” “Disclaimer of Warranties,” “Third-Party Sites and Content,” “Limitation of Liability / Exclusion of Consequential and Related Damages,” “Indemnity,” “Agreement to Governing Law and Jurisdiction,” “Severability,” “Legal Remedies,” and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Manner of Giving Notice

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.

Notices to ActiveLayer should be sent to: ActiveLayer LLC, 400 Executive Center Drive, Suite 208, West Palm Beach, FL 33401.