Service Credit Terms
Effective: December 1, 2024
These Layerbrain Service Credit Terms ("Terms") are an agreement between you and Layerbrain, Inc. (or our affiliates) and govern your purchase, receipt, or use of any credit redeemable for our Services ("Service Credit"). Capitalized terms used but not defined in these Terms will have the meanings set forth in the agreement between you and Layerbrain governing your use of the applicable Services (the "Agreement").
1. Types of Service Credits
1.1 Prepaid Service Credits
We may offer the option to prepay for certain Services through the purchase of credits ("Prepaid Service Credits"). Prepaid Service Credits represent the amount you have paid in advance for use of the respective Services. Additional terms may apply to specific Services.
1.2 Promotional Service Credits
We may also offer Service Credits free of charge as part of a promotional program rather than for purchase ("Promo Service Credits"). Promo Service Credits will not be applied against any sales, use, gross receipts, or similar transaction-based taxes that may be applicable to you.
2. Nature of Service Credits
Service Credits are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value (except where required by law); have no equivalent value in fiat currency; do not act as a substitute for fiat currency; and do not constitute or confer upon you any personal property right. Service Credits are non-transferable and may be used only in connection with the applicable Service for which they were issued.
3. Purchase and Sales Terms
All sales of Services, including sales of prepaid Services, are final. Service Credits are not refundable except where required by law, and expire one year after the date of purchase or issuance if not used, unless otherwise specified at the time of purchase.
4. Account Management and Balance
4.1 Balance Monitoring
Your available Service Credit balance may be reviewed in your applicable Layerbrain account or workspace, depending on the specific Service. You are solely responsible for verifying that the proper amount of Service Credits has been added to or deducted from your balance.
4.2 Account Nature
Your Service Credit balance is not a bank account, digital wallet, stored value account, or other payment device. Service Credits have no cash value and cannot be converted to cash except where required by applicable law.
5. Usage and Application
5.1 Service Application
Service Credits are automatically applied to eligible Services in your account. Credits are typically applied in the following order:
Promotional credits (oldest first)
Prepaid credits (oldest first)
Regular billing methods
5.2 Service Limits
Service Credits may be subject to usage limits, rate limits, or other restrictions based on the specific Service or promotional terms under which they were issued.
6. Prohibited Activities
We prohibit and do not recognize any purported transfers, sales, gifts, or trades of Service Credits. Evidence of any attempt to use, sell, or transfer Service Credits in any manner violates these Terms and may result in revocation, termination, or cancellation of the Service Credits and/or your use of the Services without refund and/or immediate suspension or termination of your account.
7. Expiration and Forfeiture
7.1 Expiration
Service Credits expire one year after the date of purchase or issuance, unless otherwise specified. Expired credits are automatically removed from your account and cannot be restored.
7.2 Account Termination
Upon termination of your account or the applicable Service, any remaining Service Credits will be forfeited and cannot be transferred or refunded, except where required by law.
8. Suspension and Termination
We reserve the right to suspend or terminate your use of the Services in accordance with the Agreement, including suspending or terminating your Service Credit balance, in compliance with applicable law. This may occur if we detect violations of our terms of service, fraudulent activity, or other breaches of our policies.
9. Tax Implications
9.1 Your Responsibility
You are responsible for determining and paying any applicable taxes related to your purchase or use of Service Credits. We are not responsible for collecting, remitting, or determining tax obligations related to Service Credits.
9.2 Promotional Credits
Promotional Service Credits may be considered taxable income in your jurisdiction. You are responsible for reporting and paying any applicable taxes.
10. Technical Issues and Disputes
10.1 Billing Disputes
If you believe there is an error in your Service Credit balance or billing, you must notify us within 30 days of the alleged error. We will investigate and resolve disputes in good faith.
10.2 Technical Problems
In case of technical issues affecting Service Credit application or usage, we will work to resolve the issue promptly. However, we do not guarantee immediate resolution or compensation for technical difficulties.
11. Modifications to Terms
We may modify these Terms at any time by posting a revised version on our website or by emailing the email associated with your account. The modified Terms will become effective upon posting or, if we notify you by email, as stated in the email message. By receiving or using any Service Credit after the effective date of any modification to these Terms, you agree to be bound by the modified Terms.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERBRAIN'S LIABILITY FOR SERVICE CREDITS IS LIMITED TO THE AMOUNT YOU PAID FOR SUCH CREDITS. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO SERVICE CREDITS.
13. Compliance and Legal Requirements
13.1 Applicable Law
These Terms are governed by the laws of the jurisdiction specified in your main Service Agreement with Layerbrain.
13.2 Regulatory Compliance
Service Credits are issued and managed in compliance with applicable financial regulations and consumer protection laws.
14. Contact Information
If you have questions about Service Credits or these Terms, please contact us at:
**Email:** billing@layerbrain.com
**Support:** support@layerbrain.com
**Address:** [Company Address]
15. Effective Date and Updates
These Terms are effective as of the date specified above and may be updated from time to time. Continued use of Service Credits after updates constitutes acceptance of the modified Terms.
Last updated: December 1, 2024