Terms of Service

Last updated: July 26, 2026

These Terms of Service ("Terms") are a binding agreement between you and LayerOne, LLC, a Florida limited liability company ("LayerOne", "we", "us", or "our"). They govern access to our website, client portal, and virtual private server ("VPS") hosting services (collectively, the "Services"). By creating an account, placing an order, or using the Services, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, and Service Level Agreement (each incorporated by reference).

If you do not agree, do not use the Services.

1. Eligibility and authority

You must be at least 18 years old and able to form a binding contract. If you register on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Services

LayerOne provides KVM-based VPS hosting and related infrastructure, including IPv4 and IPv6 connectivity, DDoS mitigation, optional snapshots, and floating IP addresses where offered. Plan specifications, pricing, and availability are described on our pricing page and in the client portal at order time.

We may modify features, pricing, or availability with reasonable notice where practicable. Material adverse changes to active services will not apply retroactively without your consent, except where required for security, legal compliance, or network stability.

Unless expressly stated otherwise, we do not provide managed application support, operating system administration, or backup services beyond optional snapshot features you enable.

3. Account responsibilities

You are responsible for safeguarding login credentials and for all activity under your account. Provide accurate contact information so we can reach you about billing, security, and incidents.

Notify us promptly at [email protected] if you suspect unauthorized access. We may suspend accounts to prevent harm while investigating suspected compromise.

4. Orders and provisioning

Orders are subject to acceptance and successful payment or sufficient prepaid account credit. Provisioning times are estimates; most VPS instances deploy within minutes, but delays may occur during maintenance or capacity constraints.

You receive root-level access to your VPS. You are solely responsible for software installed on your instance, firewall configuration, patching, and compliance of your workloads with applicable law and our Acceptable Use Policy.

5. Billing and account credit

Services bill from prepaid account credit unless otherwise stated at checkout. VPS plans bill hourly based on published rates. You agree to maintain sufficient credit for active services and enabled add-ons (such as snapshots or floating IPs).

You may add credit through payment methods offered in the client portal, including card and crypto (stablecoin) checkout where available. Account credit purchases are non-refundable except where required by law.

If you save a payment method and enable automatic recharge, you authorize us to charge that method when your balance falls below the recharge threshold displayed in the portal (currently $1.00 USD). You may disable automatic recharge or remove payment methods at any time, but services may suspend if credit is exhausted.

We may send low-balance warnings before credit is depleted. Published billing policy parameters (such as grace periods before suspension) may be updated with reasonable notice and are reflected in account communications and the client portal.

Taxes, where applicable, are your responsibility unless we state otherwise at checkout.

6. Refunds

All sales are final. LayerOne does not offer a money-back guarantee or cooling-off refund period for VPS plans, add-ons, or other Services.

Account credit purchases are non-refundable. Prepaid account credit, top-ups, and unused credit balances are not refundable to the original payment method or as cash, except where required by applicable law. Canceling or destroying a VPS stops future hourly charges but does not entitle you to a refund of unused prepaid credit.

Refunds are also unavailable for:

• Crypto payments, which are final once confirmed on-chain
• Services suspended or terminated for Acceptable Use Policy violations or fraud
• Chargebacks or payment disputes filed outside our support process
• Add-ons or third-party services not sold directly by LayerOne

Service credits issued under our SLA are applied to prepaid account credit and are not cash refunds. Where a refund is required by law, we return funds to the original payment method where possible.

7. Suspension, termination, and data deletion

We may suspend or terminate Services immediately if you breach these Terms or the AUP, if your account poses a security or abuse risk, if required by law, or if payment obligations are not met.

When account credit is exhausted, we typically provide a grace period (currently seven days while the balance remains negative) before suspending active services. After suspension for billing reasons, we may delete VMs and associated data following a final warning period (currently ten days), unless you restore sufficient credit or resolve the outstanding balance.

You may cancel services at any time from the client portal. Cancellation stops future hourly charges but does not entitle you to a refund of unused prepaid credit.

Upon termination, we delete or anonymize customer content according to our operational schedules and legal retention obligations. Export your data before cancellation. We are not liable for data loss after deletion.

8. Acceptable use

You must comply with our Acceptable Use Policy. We may investigate suspected violations, filter abusive traffic, suspend network access, or terminate Services without refund when necessary to protect the platform or other customers.

9. Service levels

Infrastructure availability commitments and service credit procedures are defined in our Service Level Agreement. Support is provided on a commercially reasonable basis; response times are not guaranteed unless expressly stated in a separate written agreement.

10. Backups, snapshots, and data loss

Optional daily snapshots may be available as a paid add-on with limited retention. Snapshots are a convenience feature, not a guaranteed backup solution. You are responsible for maintaining independent backups of critical data.

LayerOne is not liable for loss, corruption, or unavailability of data stored on your VPS, whether caused by hardware failure, software error, operator action, security incident, or billing suspension.

11. IP addresses and network

IPv4 addresses and floating IPs remain our property and are licensed for use while your service is active and in good standing. We may change or reclaim addresses when necessary for network operations, with reasonable notice where practicable.

DDoS mitigation is provided on a best-effort basis. Extreme or sustained attacks may require traffic shaping, null routing, or temporary service impact to protect shared infrastructure.

12. Intellectual property

We retain all rights in the LayerOne platform, website, branding, and documentation. You retain rights in content you upload to your VPS. You grant us a limited license to host, transmit, and process your content solely as needed to provide the Services.

13. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYERONE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNTS YOU PAID TO LAYERONE FOR THE AFFECTED SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless LayerOne and its members, managers, employees, and contractors from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, content hosted on your VPS, or violation of these Terms, the AUP, or applicable law.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction of the state and federal courts located in Florida for disputes not subject to mandatory arbitration requirements.

Before filing suit, the parties agree to attempt good-faith resolution by contacting [email protected] and allowing thirty (30) days for response.

17. Changes to these Terms

We may update these Terms by posting a revised version on our website and updating the "Last updated" date. Material changes will be communicated through the client portal or email where practicable. Continued use after the effective date constitutes acceptance.

18. General

These Terms, together with the incorporated policies, are the entire agreement regarding the Services. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or asset sale.

19. Contact

Questions about these Terms: [email protected].

Formal legal notices to LayerOne, LLC may be sent to [email protected] with the subject line "Legal Notice" and to our mailing address: 5005 W Laurel St Ste 100 1010, Tampa, FL 33607, United States.