Terms of Service

1. Who we are and what these terms cover

LayoutMark (“the Service”) is operated by Dekkode, TODO: street and house number, TODO TODO: city, Germany (“we”, “us”). These Terms of Service govern your use of the LayoutMark web application, browser extension and API. By creating an account you accept these terms. If you do not accept them, do not use the Service.

If you register on behalf of a company or team, you confirm that you are authorised to accept these terms for that organisation.

2. The Service

LayoutMark lets you comment on, screenshot and measure live web pages, collect that feedback in shared workspaces, and hand individual items to teammates or to third-party tools you connect. We develop the Service continuously: features may be added, changed or removed. We will not remove a feature you rely on without notice where we reasonably can avoid it.

3. Free service, no fees

The Service is currently provided free of charge. There are no fees, no subscriptions and no payment obligations under these terms. Should we introduce paid plans, we will publish separate terms for them and no charge will ever apply to you without your explicit prior agreement.

Because the Service is free and still evolving, it is provided without any promised availability level. Do not use it as the sole record of information you cannot afford to lose.

4. Your account

• You must provide accurate registration details and keep them up to date.
• You are responsible for keeping your credentials confidential and for everything that happens under your account.
• Accounts are personal. Do not share a single account between several people.
• You must be at least 16 years old, or have the consent of your legal guardian.
• Tell us without delay at legal@dekkode.com if you suspect unauthorised use of your account.

5. Acceptable use

You agree not to:

• Use the Service to review or capture pages you are not authorised to access
• Upload or transmit unlawful, infringing, malicious or harassing content
• Attempt to gain unauthorised access to the Service, other workspaces or other users' data
• Interfere with or place an unreasonable load on the Service, its API or its infrastructure, including by automated scraping or circumventing rate limits
• Reverse engineer the Service except where the law expressly allows it
• Resell or provide the Service to third parties as your own product

Screenshots and page captures may contain other people's personal data or confidential information. You are responsible for having the right to capture, store and share what you capture.

6. Your content

You keep all rights in the content you create or upload - comments, screenshots, files and anything else. You grant us a non-exclusive, worldwide licence to host, store, reproduce and display that content strictly as required to operate the Service for you and the members of your workspace. This licence ends when you delete the content or your account, except for backups still in rotation and copies we must retain by law.

You are responsible for the legality of the content you submit, and you confirm you hold the necessary rights to it.

7. Workspaces and shared access

Content you create in a workspace is visible to the other members of that workspace. Workspace administrators can invite and remove members, manage roles, and access, export or delete content in the workspace - including content you created. If you were invited to a workspace by an organisation, that organisation decides who may see the content you contribute there.

8. Third-party integrations and AI features

You can connect the Service to third-party tools such as issue trackers or chat services. When you do, we transmit the data you choose to that provider on your instruction, and that provider's own terms and privacy policy apply. We are not responsible for third-party services, their availability or how they handle your data.

Some features use AI models to summarise, describe or route feedback. AI output can be wrong or incomplete - check it before acting on it. Using an AI feature transmits the relevant content to the model provider, as described in our Privacy Policy.

9. Intellectual property

The Service itself, including its software, design and trade marks, belongs to us or our licensors. These terms grant you a revocable, non-exclusive, non-transferable right to use the Service for its intended purpose - nothing more.

10. Availability and no warranty

The Service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted, error-free, or fit for a particular purpose. Maintenance, updates and failures may make it temporarily unavailable. Statutory warranty rights that cannot be excluded remain unaffected.

11. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever mandatory law provides for unlimited liability. For slight negligence we are liable only for breach of a material contractual obligation, and only up to the foreseeable damage typical for this type of contract. Because the Service is provided free of charge, liability for slight negligence is otherwise excluded. We are not liable for loss of data where you failed to keep your own backups of content that matters to you.

12. Term and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these terms, if your use endangers the Service or other users, or if we discontinue the Service - in the latter case with reasonable advance notice and an opportunity to export your content. On termination we delete your content in accordance with our Privacy Policy.

13. Changes to these terms

We may amend these terms where necessary, for example to reflect changes to the Service or to the law. We will notify you of material changes in the app or by email at least 30 days before they take effect. If you do not accept a change, you may stop using the Service and delete your account before it takes effect; continued use afterwards counts as acceptance.

14. Governing law and venue

These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory law in your country of residence. The place of performance and, as far as legally permissible, the exclusive place of jurisdiction is Germany.

15. Final provisions

If any provision of these terms is or becomes invalid, the remaining provisions stay in force. There is no obligation on our part to participate in dispute resolution proceedings before a consumer arbitration board. Questions about these terms: legal@dekkode.com.