Privacy Policy

1. Introduction

ToLayers (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our website and services (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read and agree to this Privacy Policy.

2. Information We Collect

We collect information you provide directly to us, as well as certain information automatically when you interact with our Services. This may include:

• Account Information: Such as name, email address, and password (if you choose to register).
• Payment Information: Including billing address and payment method details (processed via a secure, third-party payment processor).
• Uploaded Content: We store for up to 24 hours, images, files, or other user-generated data you provide for AI inpainting or conversion into layered PSD files.
• Communications: Any messages or correspondence between you and ToLayers.
• Usage Data: Information about how you use our Services (e.g., browser information, IP addresses, device identifiers).
• Cookies and Similar Technologies: We may use cookies, pixel tags, and other tracking technologies to collect information about your browsing activities over time and across different websites.

3. How We Use Your Information

We use the information we collect to:

• Provide, maintain, and improve our Services
• Process transactions, including memberships and credits
• Send you technical notices, updates, and support messages
• Respond to your comments, questions, and requests
• Develop and test new products, services, or features
• Monitor and analyze usage, trends, and activities
• Comply with legal obligations and protect against legal claims

AI Processing Disclaimer: When you upload images, they may be processed using artificial intelligence models. We take reasonable measures to ensure the security and privacy of your data, but you acknowledge that no method of electronic transmission or storage is 100% secure.

4. Legal Bases for Processing (GDPR Visitors)

If you are located in the European Economic Area (EEA) or the UK, we only process your personal data when we have a valid “legal basis,” including:

• Consent: We may rely on your consent to process your personal data for specific purposes.
• Contract: Processing is necessary to perform a contract with you or to take steps at your request before entering into a contract.
• Legal Obligation: We may process your personal data as necessary to comply with legal obligations.
• Legitimate Interests: We process your personal data to pursue our legitimate business interests, provided those interests are not overridden by your rights and freedoms.

5. Sharing and Disclosure of Information

We do not sell or rent your personal information. However, we may share information in the following circumstances:

• Service Providers: With vendors or service providers who need access to information to perform services on our behalf (e.g., payment processors, hosting providers).
• Business Transfers: In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
• Legal Requirements: To comply with legal obligations or respond to valid legal process (e.g., warrants, subpoenas).
• Protection of Rights: When we believe it is necessary to protect and defend the rights, property, or safety of ToLayers, our users, or others.

6. International Data Transfers

Your information may be transferred to and maintained on servers located outside of your state, province, country, or other governmental jurisdiction. If you are located outside the United States, be aware that we may process and store information in the U.S. or other jurisdictions. By using our Services, you consent to such transfers.

7. Data Retention and Security

We retain your personal information for as long as necessary to provide our Services and for the purposes set out in this Privacy Policy. We implement reasonable technical and organizational measures to protect your information. However, no security system is impenetrable, and we cannot guarantee absolute security.

8. Your Rights and Choices

Access, Correction, Deletion: You may have the right to access, correct, or delete your personal information. You can do so by contacting us at the email provided below.

Opt-Out of Communications: You may opt out of receiving promotional emails by following the unsubscribe instructions in any email or by contacting us directly.

California Residents (CCPA): If you are a California resident, you may have additional rights, including the right to know what personal data is collected, the right to request deletion, and the right to opt-out of the sale of personal data (we do not sell your data).

EU Residents (GDPR): If you are in the EU, you have the right to object to or restrict certain processing, the right to data portability, and the right to lodge a complaint with your local data protection authority.

9. Children's Privacy

Our Services are not directed to individuals under the age of 13 (or other age as required by local law). We do not knowingly collect personal information from children. If you become aware that a child has provided us with personal information, please contact us, and we will take steps to remove such information and terminate the child's account.

10. Third-Party Links and Services

Our Services may contain links to third-party websites or services. We are not responsible for the privacy practices or the content of these third parties. We encourage you to review the privacy policies of any third-party site or service you visit.

11. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. When we do, we will revise the “Last updated” date at the top of this Policy. If the changes are material, we may provide you with additional notice (such as an email notification).

12. Liability and Indemnification

By using our Services, you agree that ToLayers shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with your use of the Services or this Privacy Policy. You agree to indemnify and hold harmless ToLayers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of and access to the Services, or from your violation of this Privacy Policy.

13. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us:[email protected]