Terms of Service
1.1 Welcome to Levellr and thank you for using Levellr and the products, services and features we make available to you as part of the Levellr suite of services (collectively, the “Service”).
2. Applicable Terms
2.1 Please read these Terms of Service (“Terms”) carefully and ensure that
you understand them. These Terms are a binding legal agreement between
Levellr Ltd and its related companies (“Levellr”, “us”, “our”, “we”) and you
(“you” or “your”). By using the Service you accept these Terms and you
represent and warrant that you have read, understand, and agree to be bound
by these Terms. If you do not agree to these Terms, you should not
create an account and you must immediately cease any use of the Service.
2.2 Some provisions in these Terms only apply if you are regarded as a consumer (rather than a trader) under the applicable laws in your country. You will likely be regarded as a trader (“Trader”) if you are acting for purposes relating to your trade, business, profession or craft and you will likely be regarded as a consumer (“Consumer”) if you are acting for purposes unrelated to your trade, business, profession or craft.
3.1 The Service provides products, applications, content, tools and features which allow you to set up public and private communication channels such as forums, communities, or chat areas. The Service may allow you to access software and content that is available to license from Levellr.
3.2 The Service is licensed (not sold) to you, meaning that we continue to own all copies of the Service installed on your device and the license stays in effect for as long as we provide the Service and you and continue to pay any Fees that may apply.
3.3 As a consumer, the Service provides a social platform that may allow you to access and participate in public and private communication channels such as forums, communities, or chat areas designed to enable you to communicate with other users of the Service. The Service may allow you to access software and content that is available to purchase from Levellr.
4. Eligibility to use the Service
4.1 You must be at least 13 years old to use the Service. We reserve the right to request proof of age at any stage so that we can verify your age. If you are between 13 and 18 years old, you must review these Terms with your parent or guardian, have them accept it on your behalf, as well as approve your use of the Service.
4.2 You represent and warrant that:
4.2.1 you have not been prohibited from using or accessing any aspect of the Service either by Levellr or pursuant to any applicable law or regulation;
4.2.2 you have read and comply with the set of terms and conditions that apply to each and any Community Channels (“Community Terms”) before using another user’s Community Channels.
4.2.3 Levellr does not create or manage Community Channels, but provides you with the Service to create and support Community Channels. While Levellr always tries to ensure that all users act in a respectful and inclusive way, we can’t control other users or their Community Channels. We aren’t and won’t be a party to any Community Terms.
4.2.4 your Community Channels have Community Terms in place. You may use the template Community Terms we provide you. If you don’t (or if you make changes to the template Community Terms we provide you), you must ensure that the people using your Community Channels (“End User or End Users”) comply with these Terms and all laws and regulations that may apply.
4.2.5 your Community Channels and End Users are your responsibility. You must ensure your Community and End Users comply with any laws or regulations that may apply. We are not responsible for your Community or End Users and we won’t provide you with any legal advice.
4.2.6 you will make necessary changes if or when we need to make reasonable changes to your Community Terms (for example, to comply with law or to fix a problem that is, in our reasonable opinion, affecting the Service).
4.2.7 you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
4.2.8 you will be responsible for ensuring that you comply with all laws that apply to your use of the Service, including laws and regulations relating to data privacy such as the General Data Protection Regulation (2016/679) (“GDPR”), Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
4.2.9 you have not been previously banned or removed from our Service for any reason; and
4.2.10 you have not, at the time of using the Service, been convicted of any offence which in any way relates to sexual offences and/or offences against a minor(s).
4.3 If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts these Terms.
4.4 To use the Service you must have internet access and a device that supports the Service. We shall provide the Service in such format types as we shall determine. Your computer, tablet, smartphone, laptop or other device that you use for accessing the Service must be of sufficient technical specification to be able to view the Service in such formats and sizes as we provide and we do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Service, resulting from the incompatibility of your computer, phone, tablet or other device and/or their associated systems with the required technical specifications.
5. Permissions and Restrictions when Using the Service
5.1 Subject to your continued compliance with the Terms, Levellr grants you a limited, revocable, non-exclusive, non-transferable, non-sub licensable licence to access and use the Service solely for the purposes contemplated under these Terms.
5.2 The Service provides a social platform that may allow you to access and participate in public and private communication channels such as forums, communities, or chat areas (collectively, the “Community Channels”). You acknowledge that any data, material, information or content posted by any user on the Community Channels, including all text, audio, video, live stream, images, graphics, pictures, numbers or any other digital content (“Content”) is neither endorsed nor controlled by us. Levellr will not under any circumstances be liable for any activity or Content within Communication Channels. Levellr is not responsible for information that you, or other users of the Service, choose to share on the Communication Channels. Levellr has no obligation to monitor these Communication Channels but it may do so in connection with providing the Service. Levellr may terminate or suspend your access to any Community Channel at any time, with or without notice, for any reason, acting in its sole discretion.
5.3 The following restrictions apply to your use of the Service. You warrant, represent and agree that in connection with your use of the Service you shall not:
5.3.1 copy, reproduce, download, distribute, transmit, stream, broadcast, perform, display, sell, license, adapt, modify, upload, host, use, import, copy, make derivative works of, publicly display, sell, offer for sale or otherwise commercially exploit or otherwise use any part of the Service or any Content accessed via the Service except: (a) as specifically permitted in these Terms; or (b) with prior written permission from Levellr and, if applicable, the respective rights holders;
5.3.2 post, upload, transmit or otherwise distribute Content that is objectionable as detailed in our Community Guidelines;
5.3.3 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
5.3.4 submit false or misleading information;
5.3.5 engage in conduct that is fraudulent or illegal or otherwise harmful to Levellr or any other user;
5.3.6 use the Service or Content for any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
5.3.7 use the Service to view or listen to Content other than for personal, non-commercial use;
5.3.8 collect or use any information that might identify other users unless permitted by the other user;
5.3.9 attempt to obtain passwords or other private information from other users;
5.3.10 run contests on or through the Service without the prior written consent of Levellr;
5.3.11 use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
5.3.12 use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than with prior written permission from Levellr; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.
5.3.13 use data mining, robots, spiders, or similar data gathering and extraction tools on the Service;
5.3.14 access the Service using any automated means (such as robots or scrapers) except: (a) public search engines; or (b) with Levellr’s prior written permission;
5.3.15 circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including without limitation security-related features or features that: (a) prevent or restrict the use of Content; (b) limit the use of the Service or Content; (c) upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality of the Service, other users’ computers, any related website, other websites, or the Internet;
5.3.16 cause or encourage any inaccurate measurements of genuine user engagement with the Service to fraudulently increase a channel’s subscribers, or otherwise manipulate metrics;
5.3.17 sell, assign, lease, lend, rent, distribute, sublicense, or make available the Service to any third party;
5.3.18 copy, modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code (or the underlying structure, sequence or organisation) of the Levellr platform or the Service;
5.3.19 circumvent, disable or otherwise interfere with security-related features in respect of the Service, or with features that prevent or restrict use of the Service by other users;
5.3.20 use the Service to infringe, misappropriate, or violate any privacy rights and third party's rights (including intellectual property rights);
5.3.21 publish, transmit, or link to any robot, spider, crawler, virus, malware, Trojan-horse, spyware, or similar malicious code or item intended (or that has the potential) to damage, disrupt, compromise, or exploit the Service and/or the Levellr platform;
5.3.22 falsely give the impression that Levellr endorses you or any statement you make (including without limitation Your Content);
5.3.23 act in a manner that may be perceived as damaging to Levellr or Levellr’s service providers' reputation and goodwill, or which may bring Levellr or its service providers into disrepute or harm.
5.4 Levellr reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a breach of the Terms. If you breach these Terms, Levellr reserves the right to issue you a warning regarding the breach and/or immediately terminate or suspend any or all accounts you have created using the Service. The foregoing shall be without prejudice to any other rights or remedies Levellr may have in respect of your breach of the Terms.
5.5 Levellr reserves the right to prohibit the sale of items available for purchase via the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion.
5.6 Levellr own all rights, title and interest (including intellectual property rights) in and to the Levellr platform and the Service. No licences or rights (including any intellectual property rights owned or controlled by Levellr or its licensors) are granted to you by implication or otherwise, except for the permissions and rights expressly granted in these Terms. Any rights not expressly granted to you in these Terms, are hereby reserved.
5.7 Where Levellr grants you written permission to run a contest on the Service in accordance with clause 5.3.10, you shall be solely responsible for obtaining all necessary consents and licences in respect of running such contest and shall abide by all applicable laws and regulations in connection with running the contest. Levellr shall not be responsible or liable for any contests run on the Service.
6. Changes to the Service
6.1 Levellr is constantly working to improve the Service which means we may, from time to time, alter the Service in order to make security updates, change functionality and features, make changes to comply with law, prevent illegal activities on or abuse of our systems, or for any other reason we see fit. Levellr reserves the right to modify or discontinue the Service, or any part of it, temporarily or permanently, with or without notice at its sole discretion. Levellr shall not be liable to you for any adverse effects caused by such modifications or discontinuance.
6.2 Levellr reserves the right to change the description and price of items available for purchase via the Service with or without notice. We may change the price of items from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
6.3 Whenever reasonably possible, we will provide notice when we discontinue
or make material changes to our Service that will have an adverse impact on
the use of our Service. However, there may be times when we need to make
such changes without notice.
7. Content on the Service
7.1 The views expressed in any Content are the views of the individual authors and not those of Levellr unless specified otherwise by us in writing. We disclaim all liability in respect of any comments, views or remarks expressed in any Content.
7.2 Levellr does not guarantee the accuracy, completeness, correctness, quality, or integrity of any user Content posted via the Service. Any reliance on any user Content accessed via the Service is at your own risk.
7.3 You agree that Levellr will not under any circumstances be liable for any user Content, including, but not limited to, errors in any user Content, or any loss or damage incurred by use of user Content. By using the Service, you accept that you may be exposed to material or Content you find offensive or objectionable.
7.4 You accept and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Notwithstanding the above, if you see any Content you believe does not comply with these Terms (including any Content which you believe constitutes copyright infringement or which otherwise breaches the Community Guidelines or the law), please inform us at email@example.com. We shall use our reasonable endeavours to consider your notification and, in our sole discretion, take appropriate action with respect to such Content.
8. Your Content on the Service
8.1 Any text, audio, video graphics, photos, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics and their selection and arrangement, and any other materials uploaded to the Service by you shall be referred to herein as “Your Content”.
8.2 You shall be solely responsible for Your Content (including without limitation comments) you upload to the Service and for the consequences of uploading Your Content. You hereby agree that we shall not be responsible or liable for Your Content.
8.3 You represent and warrant that Your Content complies with the Terms, the law and is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licences in these Terms without Levellr incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content must not include third party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so, and Your Content shall not otherwise infringe the rights of any third party. You are legally responsible for Your Content you submit to the Service.
8.4 By uploading, posting, distributing or otherwise using Your Content in connection with the Service, you grant to us a perpetual, non-exclusive, transferable, royalty-free, sub-licensable, and worldwide right and licence to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit Your Content in any media in connection with using, operating, providing, marketing, advertising and otherwise exploiting the Service.
8.5 You hereby warrant, represent and agree that Your Content shall not:
8.5.1 infringe the rights of a third party, including intellectual property rights and privacy rights;
8.5.2 be (or encourage, promote or condone activities that are) illegal, unlawful, offensive, defamatory, libellous, is threatening, pornographic, harassing, hateful, racially or ethnically offensive;
8.5.3 promote, support, contain or link to software programs, applications or websites which propagate, distribute or contain hacking software or similar applications, utilities or programs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.5.4 exploit minors in a sexual or violent manner, impersonate another person, be generally offensive or in bad taste, or otherwise be inappropriate for minors;
8.5.5 contain any copyright, trademark, patent, or other proprietary notice or designation;
8.5.6 damage, disable, overburden or impair the Service;
8.5.7 interfere with another user’s use and enjoyment of the Service; or
8.5.8 harvest or collect email addresses or other contact information of other users by electronic or other means.
8.6 We do not accept Content that is uploaded by unsupervised minors nor any responsibility or liability in respect of the same. If you are a minor using the Service, you agree that any of Your Content that you may upload in connection with the Service is done so under your parent or guardian’s express supervision. Any Content uploaded by a minor will be deemed to be uploaded by their parent or guardian, who will remain responsible for that Content at all material times.
8.7 You must comply with Levellr Community Guidelines at all times when using the Service.
8.8 You must comply with all terms and conditions associated with any third party apps such as WhatsApp, Telegram and Facebook that are used to support any aspect of the Service.
8.9 Levellr reserves the right to remove your access to certain features that may have the effect of limiting other users of the Service from seeing or hearing Your Content with or without notice for any reason, acting in its sole discretion.
8.10 Levellr reserves the right to remove and permanently delete Your
Content from the Service with or without notice for any reason, acting in
its sole discretion.
9.1 You are solely responsible for your interaction with other users of the
Service and other parties that you come in contact with through the Service.
Levellr disclaims any and all liability to you or any third party relating
to your use of the Service. The Company reserves the right, but has no
obligation, to manage disputes between you and other users of the Service.
10. Third Party Links
10.1 We use third party services to provide the Service, but such use does
not indicate that we endorse or are responsible or liable for their
decisions and actions. In addition, the Service may contain links to third
party websites and online services that are not owned or controlled by
Levellr. If you use these links, you will leave the Service. Please note
that your use of such third party services will be governed by the terms and
of third party services offered through the Service is entirely at your own
risk and discretion and you must ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third party
provider(s). You agree that we shall have no responsibility or liability
whatsoever arising from or relating to your use of third party tools,
websites or services.
11.1 Some elements of the Service are only accessible to paying users, for example if you enable paid-to-access Community Channels. There are fees associated with accessing these elements of the Service (“Paywall Service”) and full details of the fees payable (“Fees”) are available at https://www.levellr.com/pricing.
11.2 Depending on the type of subscription you purchase, your Community Channels may be subject to certain limitations and caps, such as a cap on the total number of End Users that may access your Community Channels. You may pay additional Fees to increase these limitations. If your Community exceeds the limitations or caps applicable to your subscription, we will automatically charge the applicable Fees detailed at Levellr.com.
11.3 We may change the Fees, but these changes won’t take effect during your current subscription period and we will let you know of any changes 30 days in advance (either via email or via a prominent notice in the Service) so that you have the chance to cancel your subscription if you do not wish to pay the new Fees. New Fees will not apply retroactively.
11.4 New features will not automatically be included in existing subscriptions.
11.5 Your access to Paywall Services will continue for as long as you pay the Fees or until these Terms are terminated.
11.6 If you set up a Paywall Service you may use the functionality offered via the Service, such as offering your End Users subscriptions that provide access to certain Community Channels. Paywall Service functionality is provided by our payment partner Stripe, Inc. (“Stripe”). Levellr does not provide payment services, but we may provide you with the information necessary to integrate Stripe’s payment services into your Community Channels.
11.7 If you set up a Paywall Service you must connect your Stripe account to your Levellr account. If you don’t have a Stripe account, you must set one up. When setting up your Stripe account, you must review and accept any Stripe terms and policies that apply. If you don’t agree with the Stripe terms and policies that apply to you, you must not set up the Paywall Service. If you are unable to set up a Stripe account (for example, because you do not meet Stripe’s eligibility criteria), you will not be able to set up a Paywall Service.
11.8 You are responsible for checking for and paying any taxes that may apply in relation to your Paywall Service.
11.9 We may suspend your access to Paywall Service if you don’t comply with these Terms or our Community Guidelines.
11.10 The fee for a Levellr community subscription or other offering is specified on the partners’s Product Page when you make your purchase. You agree to pay all amounts due in accordance with all relevant payment terms in effect when you make your purchase (both in respect of Levellr and any relevant third party processing platform) including any applicable service, transaction, or processing fees.
11.12 You may not return or exchange any items purchased via the Service and no refunds will be issued.
11.13 Payments are non-refundable and we do not provide refunds or credits for any items purchased via the Service.
11.14 All transactions are in GB pounds (“GBP’) unless otherwise specified at point of purchase.
11.15 Levellr reserves the right (but is under no obligation) to cancel your Levellr subscription if your payment method is declined or if you have previously been banned or removed from our Services for any reason. Levellr retains sole discretion to determine how payment disputes will be resolved.
11.16 Levellr reserves the right to refuse any order you place with us with or without notice and for any reason, acting in its sole discretion.
11.17 Levellr reserves the right at any time to change its fees and payment procedures, including its payment options and terms.
12.1 Fees are typically paid as subscriptions. Your subscription will automatically renew and we will automatically collect the Fees payable for your subscription at the start of each subscription period. If you have an annual subscription (meaning your subscription period is 12 months or longer), we will try to provide you with at least 30 days’ notice before your subscription renews. You may cancel your subscription or close your Account by following the process by emailing firstname.lastname@example.org.
12.2 As an End User you can cancel your Levellr subscription at any time, and you will continue to have access to the Service through the end of your billing period. If you fail to inform us by emailing at least 7 days prior to the end of the billing period, we will cancel your subscription and payment at the end of the following billing period. All payments are non-refundable and we do not provide refunds or credits.
13.1 By using the Service you agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. By using the Service or providing information to us, you agree that we may communicate with you electronically relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Levellr provides to you electronically satisfy any legal requirements that such communications be in writing.
13.2 For any direct marketing messages, we will ensure that we obtain your consent first.
13.3 You may use the Service to send messages to other users of the Service.
You agree that your use of the Service will not include sending unsolicited
marketing messages or broadcasts (i.e., spam). If you believe spam
originated from the Service, please email us immediately at email@example.com
14. Suspensions & Terminations
14.1 Levellr may suspend or terminate your access to all or part of the Service at any time and for any reason, acting in its sole discretion. Levellr is not required to provide you with any notice or warning prior to any such termination.
14.2 In the event that your access to the Service is terminated (either by you or by us), you will remain liable for all amounts due up to and including the end of the billing period which is in existence as at the relevant date of termination. In circumstances whereby we have terminated your access to the Service and you are charged for the following billing period (e.g. where termination occurred too close to the payment mechanism being delayed for the following billing period), we will refund you for the fees relating to the following billing period.
14.3 The Terms are effective unless and until terminated by either you or
15. About Software in our Service
15.1 When the Service requires downloadable software, you give permission for that software to update automatically on your device, subject to your device settings. Unless that software is governed by additional terms which provide a licence, Levellr gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Levellr as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Levllr. You are not allowed to copy, modify, distribute, sell, or lease or otherwise exploit any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Levellr’s written permission.
15.2 Some software used in our Service may be offered under an open source
licence. There may be provisions in an open source licence that expressly
override some of these terms. If so, we will make that open source licence
available to you.
16. Your Information
16.2 You agree that in using the Service you shall at all times comply with your obligations under Data Protection Laws.
16.3 “Data Protection Laws” shall mean any data protection, privacy or
similar laws that apply to personal data processed in connection with these
Terms, including the EU General Data Protection Regulation 2016/679
(“GDPR”), Data Protection Act 2018 or Privacy and Electronic Communications
Directive 2002/58 and any legislation which amends, extends, consolidates,
re-enacts or replaces same, including any additional legislation or
regulations that may be made pursuant thereto from time to time.
17.1 The Service is provided “as is” and “as available” to the fullest extent permissible pursuant to applicable law. Levellr disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Service, its use and the results of such use. Without limitation to the foregoing, Levellr specifically disclaims any warranty:
17.1.1 that the Service and its availability shall be uninterrupted or error-free;that defects in respect of the Service shall be corrected;
17.1.2 that there are no viruses or other harmful components;
17.1.3 that the security methods employed shall be sufficient; or
17.1.4 regarding correctness, accuracy, or reliability.
17.2 All of the disclaimers set out in clause 17.1 shall apply to the fullest extent permitted by law.
18.1 Other than as expressly stated in the Terms or as required by law, Levellr does not make any specific promises, representations or warranties about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that Your Content will be accessible or stored on the Service.
18.2 Levellr is not responsible for typographical errors, inaccuracies or
omissions including those in relation to product descriptions, pricing,
promotions, or offers related to the Service. Levellr has no obligation to
update, amend or clarify information in respect of the Service or on any
related website, including without limitation, pricing information, except
as required by law.
19. Limitation of Liability
19.1 This clause 19 sets out Levellr’s entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
19.1.1 arising under or in connection with these Terms;
19.1.2 in respect of any use made by you of the Service;
19.1.3 in respect of any Content;
19.1.4 in respect of any loss or accidental unauthorised disclosure of user data; and
19.1.5 in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
19.2 In no case shall Levellr, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of goodwill, loss of opportunity, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service.
19.3 Nothing in the Terms are intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
19.4 To the extent permitted by applicable law, Levellr and its affiliates will not be responsible for:
19.4.1 losses that were not caused by Levellr or its affiliates’ breach of the Terms;
19.4..2 any loss or damage that was not, at the time the Terms were last modified, a reasonably foreseeable consequence of Levellr or its affiliates’ breach of the Terms; or
19.4.3 user Content, or for the defamatory, offensive, or illegal conduct of any user.
19.5 Subject to clause 19.3, Levellr’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the Service or the performance or contemplated performance of these Terms shall be limited to the higher of:
19.5.1 one hundred pounds (£100); or
19.5.2 the amount of revenue that Levellr has paid to you (if any) from your use of the Service in the 12 months prior to the date on which the relevant liability arose.
19.6 We are not responsible for any third party Content, links, services,
resources or information provided on or made available through the Service.
Accordingly, we make no warranties and accept no liability (to the fullest
extent permissible by law) regarding such third party Content, links,
services, resources or information, including without limitation, warranties
of fitness for a particular purpose, merchantability or non-infringement and
will not be liable for your use of or reliance on such third party Content,
services, resources or information.
20.1 In this clause 20, “Confidential Information” means any information, material or intellectual property rights that are clearly labelled or identified as confidential or ought reasonably to be treated as being confidential. Confidential Information includes:
20.1.1 all Content posted in connection with the Services; and
20.1.2 any information that would be regarded as confidential by a reasonable business person relating to (i) the business, affairs, customers, clients, suppliers, plans, intentions, business contacts or market opportunities of Levellr or its users; and (ii) the operations, processes, product information, know-how, designs, trade secrets or software of Levellr or its users.
20.2 You shall hold Confidential Information in confidence and not make Confidential Information available to any third party unless that third party has agreed to these Terms or you have been authorised in writing by Levellr.
20.3 This clause 20 shall survive termination of these Terms.
21. FORCE MAJEURE
21.1 If Levellr is prevented, hindered or delayed in or from performing any of its obligations under or in connection with these Terms by a Force Majeure Event, Levellr shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations.
21.2 If any Force Majeure Event occurs, the dates for performance of the affected obligations shall be postponed for so long as is made necessary by the Force Majeure Event.
21.3 For the purposes of this clause 21, “Force Majeure Event” shall mean any war, terrorist activity, blockade, disturbance, disruption, fire, lightning, flood, storm or other adverse weather conditions, earthquake, volcanic activity, epidemic, pandemic (including Covid-19 and any further outbreaks of the same), explosion, failure of public utilities or civil commotion, malicious damage, nuclear chemical or biological contamination, internet outages, communication outages, failure of a utility service or transport network, default of suppliers, contractors or subcontractors or the genuine and immediate threat of any of the foregoing, and/or any other act or event beyond the reasonable control of Levellr.
22.1 You agree to indemnify and hold Levellr and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your breach of any term of these Terms; (iii) your breach of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your account or any other information you post or share on or through the Service. As used in this clause 22, “you” shall include anyone accessing the Service using your account.
23. This Agreement
23.1 The Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
23.2 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
24. Modifying the Terms
24.1 We may modify the Terms at our sole discretion, including without limitation to reflect changes to our Service or for legal, regulatory, or security reasons with or without notice. Changes will only apply going forward and shall not apply retrospectively. Your continued use of the Service after the publication of the revised Terms will be deemed your acceptance of the revised Terms. If you do not wish to use the Services under the revised Terms, you should remove any Content you uploaded and discontinue your use of the Service.
25.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
26.1 Levellr may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
27. No Waiver
27.1 A failure or delay by Levellr to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
28. Governing Law & Jurisdiction
28.1 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
28.2 The Terms and any non-contractual obligations arising out of or in connection to it are governed by and shall be construed in accordance with the laws of England and Wales.