Last Updated: September 18, 2025

These Terms of Service (“Terms”) are a legal agreement between you and Its Layered, LLC, a California limited liability company (“Its Layered,” “we,” “us,” or “our”), and govern your access to and use of itslayered.co, our web and mobile applications, and any related services (collectively, the “Service”).

By using the Service, you agree to be bound by these Terms and our Privacy Policy at www.itslayered.co/privacy-policy. If you do not agree, do not use the Service.

Questions? Contact us at hello@itslayered.co.

1. Eligibility

The Service is not available to individuals under 16 years of age. If you are 16–18 (or the age of majority in your jurisdiction), you may use the Service only under the supervision of a parent or guardian who agrees to be bound by these Terms. If you use the Service on behalf of an entity, you represent that you are authorized to bind that entity.

2. Accounts and Security

You may need an account to access certain features. You agree to:

• Provide accurate and complete information.
• Maintain the confidentiality of your credentials.
• Be fully responsible for all activities under your account.
  We reserve the right to suspend, disable, or reclaim accounts at any time if we believe these Terms have been violated.

3. Acceptable Use & Prohibited Conduct

You may use the Service only for lawful purposes. You will not:

• Violate any law, regulation, or third-party rights.
• Harass, threaten, abuse, stalk, or harm others.
• Impersonate any person, misrepresent affiliation, or attempt to use another’s account.
• Access or attempt to access accounts without authorization.
• Reverse engineer, decompile, or attempt to discover source code of the Service.
• Copy, modify, create derivative works, distribute, publicly perform, or publicly display any portion of the Service without authorization.
• Introduce malware, viruses, worms, logic bombs, or other harmful code.
• Attempt to interfere with or disrupt the Service, including through denial-of-service attacks.
• Engage in fraudulent, deceptive, or misleading activities.
• Use scraping, crawling, robots, or similar methods to extract data.
• Develop or use applications that interact with the Service without our prior written consent.
• Send spam, chain letters, pyramid schemes, or other unsolicited messages.
• Upload or post content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, or otherwise objectionable.
• Upload content that infringes or misappropriates intellectual property rights or contains private information without consent.

We may investigate, suspend, or terminate access for prohibited conduct.

4. User Content

The Service may allow you to create, post, or share content (“User Content”).

• Ownership. Except for the rights you grant to us below, you retain ownership of your User Content.
• License to Its Layered. You grant Its Layered and our affiliates, partners, licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit your User Content in all media formats and channels now known or later developed, without compensation to you.
• License to Brands. If you participate in a brand community, you also grant that brand the same license to use your User Content in connection with their programs.
• Your Responsibility. You represent and warrant that you have all rights necessary to grant these licenses, and that your User Content will not violate law or third-party rights.

We may monitor, remove, or refuse to display User Content at any time, for any reason.

5. Rewards, Points, and Programs

• Brands may create and administer programs or challenges that award users with points or other incentives (“Points”).
• Points are promotional only, have no cash value, are non-transferable, and cannot be redeemed for currency.
• Points are issued, managed, fulfilled, and redeemed solely by the applicable brand. Its Layered does not create, issue, operate, or redeem points and is not responsible for any brand’s reward program, redemption obligations, or failure to fulfill.
• Points may expire, be revoked, adjusted, or canceled at any time in accordance with the brand’s rules or at our discretion. Neither Its Layered nor the brand has any obligation to provide compensation for expired, canceled, or revoked points.
• We may adjust balances, suspend accounts, or revoke points in cases of suspected fraud, abuse, or error.

6. Third-Party Services

The Service may integrate with or link to third-party services (e.g., Shopify). We are not responsible for third-party services and disclaim liability for their availability, security, or performance.

7. Intellectual Property

The Service, including software, design, text, graphics, and logos, is owned by Its Layered or our licensors. You are granted a limited, revocable, non-transferable license to access and use the Service for personal or authorized business use. Any unauthorized use terminates your license.

8. Feedback

If you provide suggestions or ideas (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback without restriction or obligation.

9. Privacy

See our Privacy Policy at www.itslayered.co/privacy-policy.

10. DMCA

We comply with the Digital Millennium Copyright Act (DMCA).

Designated Agent:
Its Layered, LLC
3400 Cottage Way, Suite G2-28544
Sacramento, CA 95825
Email: hello@itslayered.co

Knowingly submitting false claims may result in liability.

11. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, or that the Service is free of harmful components.

12. Limitation of Liability

To the fullest extent permitted by law:

• Our liability to individual users is limited to $100.
• For brands with signed Customer Agreements, liability limits in those agreements apply.
• We are not liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, data, or goodwill.
• Nothing limits liability for fraud, willful misconduct, gross negligence, or where prohibited by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Its Layered, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:

• Your User Content.
• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights.

14. Termination

We may suspend or terminate your access at any time, with or without notice, for violations of these Terms, legal requirements, or for any reason at our sole discretion.

15. Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time, without liability.

16. Changes to Terms

We may update these Terms at any time. Updated Terms will be posted with a new “Last Updated” date. Continued use of the Service after updates constitutes acceptance.

17. Dispute Resolution; Governing Law

• These Terms are governed by California law.
• Arbitration: Any dispute will be resolved by binding arbitration through JAMS under its Streamlined Arbitration Rules. Venue: Orange County, CA (or consumer’s home county).
• Class Action Waiver: Disputes must be resolved individually; class, collective, or representative actions are not permitted.
• Opt-Out: You may opt out of arbitration within 30 days by emailing hello@itslayered.co with subject “Arbitration Opt-Out.”
• Either party may bring claims in small claims court or seek injunctive relief for IP matters.

18. International Use & Data Transfers

By using the Service, you consent to the transfer and processing of your information in the United States and other countries.

19. Miscellaneous

• If any provision is invalid, the remainder remains enforceable.
• Failure to enforce a right is not a waiver.
• You may not assign these Terms; we may assign them in connection with a merger, sale, or acquisition.
• These Terms, the Privacy Policy, and any Customer Agreement constitute the entire agreement.
• California residents may contact the Department of Consumer Affairs, 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834 or 1-800-952-5210.

20. Contact Us

Its Layered, LLC
3400 Cottage Way, Suite G2-28544
Sacramento, CA 95825
Email: hello@itslayered.co