These Terms of Service (“Terms”) govern your access to and use of the websites, merchant dashboard, branded mobile applications, customer ordering experiences, documentation, support resources, integrations, APIs, communications, and related services provided by Layout, Inc. (“Layout,” “we,” “us,” or “our”) (collectively, the “Services”).
These Terms apply to:
Businesses and organizations that use Layout to power branded mobile ordering, loyalty, customer messaging, analytics, or related business functions.
Employees, contractors, and representatives of those businesses who access Layout accounts, dashboards, onboarding flows, or support channels.
End users and customers who use a mobile application, ordering flow, loyalty experience, or related digital experience powered by Layout for a participating business.
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Who We Are
Layout, Inc. provides software that helps businesses launch and operate branded mobile ordering and customer experience tools. Layout’s public materials describe the platform as offering branded iOS ordering, customer accounts, order history, loyalty integrations, push notifications, announcement cards, merchant dashboards, analytics, and optional multi-location features.
Layout operates from Orange, California, and is legally organized from Roseville, California.
If you have questions about these Terms, you may contact us at contact@layoutmobile.com.
2. Eligibility
You may use the Services only if:
You are legally able to enter into a binding agreement
You are authorized to act on behalf of the business or entity using the Services, if applicable
Your use of the Services complies with applicable law
If you use the Services on behalf of a company, brand, or organization, you represent and warrant that you have authority to bind that entity to these Terms.
3. The Services
Layout may provide access to one or more of the following:
Marketing websites and pages
Merchant onboarding and account setup
Merchant dashboards and administrative tools
Branded customer-facing mobile applications
Ordering, loyalty, gift card, and messaging features
Integrations with third-party systems such as Square
Order and operational workflows
Notifications, announcement tools, and analytics
Documentation, support materials, and help resources
Optional AI-assisted or automation-related features
Layout’s public documentation states that the platform is built to work with Square, sync catalog and location data from Square, process payments through Square, and optionally support Square Loyalty and gift card-related features depending on configuration.
We may improve, change, suspend, restrict, or discontinue any part of the Services at any time, with or without notice, to the extent permitted by law.
4. Merchant Accounts
To access certain Services, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for:
Maintaining the confidentiality of your login credentials
Restricting access to your account
All activity occurring under your account
Promptly notifying us if you believe your account has been compromised
We may suspend or terminate accounts that contain false information, violate these Terms, create security or legal risk, or interfere with the operation of the Services.
5. Merchant Responsibilities
If you are a business using Layout, you are responsible for your business operations and for the content, products, services, and customer experiences you make available through Layout.
This includes responsibility for:
Menu accuracy
Pricing, taxes, modifiers, and availability
Store hours and fulfillment settings
Promotions, rewards, and loyalty disclosures
Customer communications
Compliance with consumer protection, privacy, marketing, accessibility, and other applicable laws
Responding to customer issues related to your business
Layout provides the platform infrastructure, but the merchant remains responsible for the accuracy, legality, and appropriateness of the merchant’s own offerings and communications.
6. End User Use of Layout-Powered Apps
If you are an end user or customer using a branded app or digital ordering experience powered by Layout, you agree to use the Services only for lawful purposes and in accordance with these Terms and any merchant-specific terms or policies that apply.
You understand that:
The participating merchant controls its own menu, hours, product availability, pricing, loyalty terms, and fulfillment practices
Order timing estimates may vary
Certain features may depend on store configuration, integration availability, or third-party services
Your use of the app may also be subject to the merchant’s own privacy policy, terms, or posted policies
7. Third-Party Integrations
The Services may rely on or connect to third-party products and services, including payment processors, platform providers, infrastructure vendors, mapping tools, identity systems, app store services, and merchant systems.
Layout’s public documentation states that Square is used as the source of truth for catalog and locations, that payments are processed through Square, and that OAuth-based connections, webhook verification, and tenant-scoped access are part of the integration model.
Your use of third-party services may also be governed by those third parties’ own terms, policies, pricing, and technical limitations. Layout is not responsible for third-party outages, changes, data practices, policies, fees, or failures. If a third-party provider changes or removes a feature, integration, permission, or API, Layout may change the related functionality without liability.
8. Orders, Payments, and Fulfillment
If ordering is enabled, customers may place orders through a Layout-powered app or experience. Public Layout documentation states that the customer pays through Square’s payment flow, the backend sends payment requests to Square, idempotency protections are used to reduce duplicate charges, and settlement and reporting remain in Square rather than Layout holding card data directly.
By using the Services, you understand and agree that:
Payments may depend on third-party processors
Order fulfillment remains the merchant’s responsibility
Estimated pickup or preparation times are approximate
Sync delays, catalog mismatches, or third-party outages may affect ordering behavior
Layout does not guarantee uninterrupted ordering availability or error-free syncing at all times
Merchants are responsible for keeping store settings, hours, pricing, taxes, availability, modifiers, and related business data accurate.
9. Subscriptions, Fees, and Billing
Some parts of the Services may be offered free of charge, while others may require payment.
Layout’s public pricing page describes multiple plans, including a free starter tier, paid plans, and additional location pricing. Public materials also describe feature differences across tiers, including ordering, advanced dashboard access, analytics, gift cards, delivery integrations, and multi-location support.
If you purchase a paid plan, add-on, or subscription, you agree to pay all fees and charges associated with your account. Unless otherwise stated in a separate written agreement:
Fees are charged in advance on a recurring basis
Subscriptions may renew automatically until canceled
You are responsible for applicable taxes
Fees are non-refundable except where required by law
You must cancel before the next renewal date to avoid the next charge
We may change pricing, packaging, or features at any time on a prospective basis. Continued use after a pricing or plan change becomes effective constitutes acceptance of the change.
10. Acceptable Use
You agree not to:
Use the Services in violation of any law or regulation
Interfere with or disrupt the Services
Attempt to gain unauthorized access to systems, data, or accounts
Reverse engineer, decompile, scrape, or exploit the Services except as permitted by law
Upload malware, harmful code, or malicious content
Impersonate another person or entity
Use the Services to send unlawful, deceptive, harassing, or spam communications
Abuse loyalty, promotions, referral systems, ordering flows, or gift card functionality
Use the Services in a way that could harm Layout, merchant customers, end users, or third parties
We may investigate misuse and may suspend or terminate access where appropriate.
11. Messaging, Notifications, and Promotions
Layout’s public materials describe push notifications, announcement cards, and repeat-customer features as part of the platform.
If you are a merchant using any communication, promotional, or notification feature, you are solely responsible for:
Obtaining any legally required consent
Maintaining compliant opt-in and opt-out practices
Ensuring content is accurate and lawful
Complying with all applicable laws governing marketing, promotions, email, SMS, push notifications, and customer communications
Layout does not provide legal advice and does not guarantee that merchant-created campaigns, promotions, or customer communications comply with law.
12. AI-Assisted Features
Layout may offer AI-assisted, automated, or machine-enhanced features. If such features are made available, you remain fully responsible for reviewing all generated output before relying on or publishing it.
You agree that:
AI-generated output may be incomplete, inaccurate, or outdated
You will independently verify important facts and legal compliance
You will not treat AI output as legal, tax, regulatory, or financial advice
You remain responsible for all communications, content, and business decisions made using AI-assisted tools
We may limit, modify, suspend, or discontinue AI features at any time.
13. Merchant Content
You may upload or submit logos, branding, menus, product images, copy, announcements, configurations, and other content (“Merchant Content”).
You retain ownership of your Merchant Content, but you grant Layout a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, distribute, and otherwise use Merchant Content as necessary to:
Provide and operate the Services
Power your branded app and dashboard
Support integrations and sync
Troubleshoot and support your account
Improve the functionality of the Services
Perform our obligations under these Terms
You represent and warrant that:
You own or have the rights necessary to use and provide the Merchant Content
The Merchant Content does not violate law or third-party rights
The Merchant Content is accurate and appropriate for publication and use
We may remove or refuse content that violates these Terms or creates legal, operational, or reputational risk.
14. Privacy
Your use of the Services is also governed by our Privacy Policy.
If you are a merchant, you are responsible for providing your own required privacy notices and obtaining any permissions needed for your relationship with your customers, including where you use Layout for ordering, loyalty, notifications, or promotions.
If Layout processes customer or end-user data on your behalf, you agree to use that data only in compliance with applicable law and not in any unlawful, deceptive, discriminatory, or unauthorized way.
15. Intellectual Property
The Services, including the software, interface design, branding elements, content, documentation, dashboards, workflows, graphics, text, and underlying technology made available by Layout, are owned by or licensed to Layout and are protected by intellectual property and other applicable laws.
Except for the limited rights expressly granted in these Terms, no rights, title, or interest in the Services are transferred to you. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services except as expressly permitted in writing by Layout or by applicable law.
16. Feedback
If you provide feedback, suggestions, ideas, or recommendations relating to the Services, you grant Layout a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate that feedback without restriction or compensation to you.
17. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYOUT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE ABOVE, LAYOUT DOES NOT WARRANT THAT:
The Services will be uninterrupted, error-free, or completely secure
Any feature will remain available
Any integration will continue without interruption
Any order, notification, sync, loyalty event, or gift card workflow will always be processed without error
Any AI-assisted output will be accurate or appropriate
The Services will meet every business, legal, or operational requirement of a merchant
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYOUT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAYOUT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
THE AMOUNT PAID BY YOU TO LAYOUT FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM
OR
ONE HUNDRED U.S. DOLLARS ($100)
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
19. Indemnification
If you are a merchant or other business user, you agree to defend, indemnify, and hold harmless Layout and its officers, directors, employees, affiliates, contractors, licensors, and service providers from and against any claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
Your use of the Services
Your Merchant Content
Your products, services, promotions, or communications
Your violation of these Terms
Your violation of applicable law
Your infringement or violation of any third-party rights
20. Suspension and Termination
We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, if:
You violate these Terms
You create legal, security, operational, or reputational risk
We are required to do so by law or by a third-party provider
Your account is inactive for an extended period
Fees remain unpaid
We discontinue the relevant Service
You may stop using the Services at any time. Any provisions that by their nature should survive termination will survive, including provisions relating to payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.
21. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction and venue of those courts, except where applicable law requires otherwise.
22. Changes to These Terms
We may update these Terms from time to time. When we do, we will post the revised version and update the Effective Date or Last Updated date above.
If you continue using the Services after updated Terms become effective, you agree to the revised Terms.
23. Contact Us
If you have questions about these Terms, you may contact us at:
Layout, Inc.