Terms of Service

Last updated: September 28, 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.

If you are here for our text messaging disclosures, they are Section 17, Text messaging (SMS).

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 connectivity, DDoS mitigation, 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 you purchase a managed-service add-on or the backups and snapshots add-on (each limited to the scope described at order time), we do not provide managed application support, operating system administration, or backup services beyond that optional add-on.

The signed-in client portal includes Ask AI, an optional assistant that answers questions from our documentation and plan catalog, and the public documentation search can show an AI-written answer to the question you type. You choose whether to use either. If you send Ask AI a message, or the documentation search writes an answer to your question, we may transmit that text to OpenAI so it can generate a reply. Do not send passwords, API keys, payment card numbers, or other secrets to Ask AI or the documentation search. Replies are informational only: they are not a substitute for human support, they are not instructions we are bound to follow, and they are not covered by our SLA. Ask AI does not connect you with a person. To reach a person, open a ticket in the client portal or email [email protected]. How we process these conversations, and OpenAI's role, is described in our Privacy Policy.

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.

If an account, payment, or activity is flagged for suspected fraud, abuse, or similar risk, we may ask you to complete identity verification (sometimes called KYC) before we restore or continue the Services. We may request government-issued identification and related information reasonably needed to confirm who is using the account. We will tell you what we need and how to submit it.

Completing verification is your choice. If you decline, do not respond, or do not complete it within the time we request, we may suspend or close the account. Prepaid fees and unused account credit are not refundable in that situation, except where required by applicable law. Choosing not to verify is not a way to recover funds.

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 floating IPs).

You may add credit through payment methods offered in the client portal, including card and crypto (stablecoin) checkout where available. Account credit remains available until used. Payments and account credit are non-refundable; see Section 6 below.

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 payments to LayerOne are final, and we do not issue refunds. Fees paid for the Services and funds added to prepaid account credit are non-refundable once received, whether or not the credit is ever used and whether or not you continue using the Services. This applies to every plan, add-on, and payment method we offer.

Account credit does not expire. It stays in your account and remains available to spend on the Services until it is consumed by usage or the account is closed. Because the credit remains yours to use, we treat it as delivered at the time of purchase. Canceling a service stops future hourly charges, but it does not convert unused credit back into cash.

For the avoidance of doubt, refunds are not available for:

• Unused or partially used account credit, including credit remaining after cancellation
• Crypto payments, which are final once confirmed on-chain
• Services suspended or terminated for Acceptable Use Policy violations or fraud
• Accounts suspended or closed after identity verification was requested and not completed
• Chargebacks or payment disputes filed outside our support process
• Add-ons or third-party services not sold directly by LayerOne
• Downtime or performance issues, which are addressed solely through SLA service credits

If we ask you to complete identity verification and you choose not to, that choice does not entitle you to a refund of prepaid fees or unused account credit, except where required by applicable law.

Service credits issued under our SLA are applied to prepaid account credit and are never paid out in cash.

Nothing in this Section limits any refund, cancellation, or withdrawal right you have under mandatory consumer protection law that cannot be waived by agreement. Where applicable law requires a refund, we will honor it and return the amount to the original payment method where possible.

Because purchases are final, we encourage you to evaluate the Services before committing significant funds. Start with a small credit balance, and contact [email protected] with questions about plans, capacity, or network reach before you buy. If something within our control prevents the Services from working as described, open a ticket and we will work to resolve it.

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 identity verification is requested and not completed, 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. It does not entitle you to a refund of prepaid fees or unused account credit; see Section 6.

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 backups and snapshots are available with the paid backup storage add-on. Snapshots live on the server's disk and are deleted if you destroy the server. Backups are full copies on cluster storage in the same data center; they are kept until you delete them, or until seven days after backup storage is cancelled. Restoring a backup overwrites the destination server. You remain responsible for independent off-server copies of critical data. A destroyed or reinstalled server's guest disk is gone.

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. Text messaging (SMS)

17.1 The program

If you give us a mobile telephone number and agree to be texted, LayerOne may send you text messages of four kinds:

• Security codes: two-factor authentication and sign-in verification codes
• Service and account alerts: outages, planned maintenance windows, low account credit, suspension warnings, and failed payments
• Support replies: notice that staff have responded to your ticket
• Marketing: offers, promotions, and new plans, only where you have given separate express written consent for marketing messages

17.2 Consent

Text messaging is opt-in. You take part by giving us a mobile number and agreeing to receive messages at it, and you can decline without any effect on your account. Consent to receive text messages is not a condition of purchasing anything from LayerOne.

Marketing messages require their own express written consent, given separately from any consent you give for security codes, service alerts, or support replies. We will not send you marketing texts on the strength of a number you gave us for one of those other purposes.

You confirm that you are the subscriber or customary user of the number you give us, and that you may receive messages at it. Tell us if the number stops being yours, so we do not text somebody who never agreed to hear from us.

17.3 Message frequency

Message frequency varies. Most messages are triggered by activity on your own account rather than sent on a schedule, so how many you receive depends on how many services you run and what happens to them.

17.4 Cost

Message and data rates may apply. LayerOne does not charge you for text messages. Any charge comes from your own mobile carrier under your own plan, and you are responsible for it. Check with your carrier if you are unsure what your plan includes.

17.5 Opting out

Reply STOP to any message to end that messaging program at that number. We will send a single confirmation and then stop. To start again, opt in again from the client portal.

Opting out of text messages does not cancel your services and does not stop service, billing, security, and legal notices reaching you by email. Email is the channel of record for anything that affects whether your servers keep running, and you cannot unsubscribe from those notices while you hold an active service.

17.6 Help

Reply HELP to any message for help, or contact us at [email protected] or +1 (813) 212-3723.

17.7 Carriers and delivery

Text messages are delivered on a best-effort basis over networks we do not control. Mobile carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed, and it may be affected by your carrier, your device, your coverage, or your plan. Do not treat SMS as your only channel for anything time-critical: every notice that matters is also sent by email and, where applicable, shown in the client portal.

17.8 Your mobile number

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent is excluded from every category of information we share; it will not be shared with any third parties. We do not sell, rent, or share your mobile number with third parties or affiliates for their marketing or promotional purposes, and we do not include it in any list we make available to another company. Our full handling of mobile numbers and opt-in records, including the messaging provider that delivers our messages to your carrier, is set out in Section 7 of our Privacy Policy.

18. 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.

19. 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.

20. 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.