f/k/a Level General Terms of Service
The Level General Terms are valid for existing Level Customers through December 10, 2023.
These Platform Terms of Service (“Platform Terms”) are a legal agreement between you, as a user of Level’s services (“you,” “your”) and Level Benefits, Inc. (together with its affiliates, ”Level,” “we,” “our” or “us”) and govern your use of Level’s services, including mobile applications, Level payment cards (“Level Card”), websites, and other products and services (collectively, the “Services”).
If you live in the United States, please be advised that the “Resolving Disputes” section of these Terms contains a binding arbitration clause and class action waiver that impacts your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
Level Does Not Provide Medical Care Services, Legal or Tax advice. Nothing contained, expressed or implied in the Services is intended as nor will be construed as financial, legal, tax, or medical advice. Any content regarding financial, legal, tax or medical concerns is provided for informational purposes only and no Services provided will be construed as financial, legal tax or medical advice as a result of providing the Services.
Consent to Electronic Communications and Signature. By creating a Level Account (as defined below) and using the Services, you’re electronically signing and providing your consent to receive electronic communications from us. Such electronic communications may include, for example, payment authorizations, information about claim status, account updates, Summary Plan Descriptions, Benefit Booklets, and Summary of Material Modifications. Upon request, we will provide you with a paper copy of the documentation related to your plan and the opportunity to opt-out of electronic disclosure. To access and retain electronic communications, you must have a Level Account, access to a computer or mobile device that has screenshot or printing capability, a connected printer if applicable, and internet access. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Level with a selection regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract.
Using the Services. You’re responsible for your conduct. You agree that you will comply with the Terms. We may review your conduct and content for compliance with the Terms, but we have no obligation to do so. We aren’t responsible for your or anyone else’s use of the Services.
Misusing the Services. You further agree that you will use the Services as intended, and that you will not, nor attempt nor assist anyone else to misuse the Services, unless this restriction is prohibited by law, including: (i) sell, resell, or lease the Services unless you are authorized by us to do so; (ii) reverse engineer or decompile the Services; (iii) probe, scan, or test the vulnerability of any system or network; (iv) breach or otherwise circumvent any security or authentication measures; (v) access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to; (vi) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; (vii) access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk); (viii) send unsolicited communications, promotions or advertisements, or spam; (ix) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing"; (x) copy or store a significant amount of content on the Services; (xi) promote or advertise products or services without appropriate authorization; (xii) advocate bigotry against any person or group of people; (xiii) harass or abuse Level personnel or representatives or agents performing services on behalf of Level; (xiv) violate the law in any way, including submitting information to Level material that's fraudulent, inaccurate, or misleading; or (xv) violate the privacy or infringe any rights of others.
Applicable Law. You may use our Services only as permitted by applicable law, including export control laws and regulations. Our Apps and Sites may not be used by anyone under the age of 13. If you set up an account for someone under the age of 18, you agree to take responsibility for that person’s use of the Services.
Your Level Account Information. If you have an account with us through a website login or mobile application (your “Level Account”) you must safeguard your username and password to the Services, and keep your Level Account information current. Don’t share your Level Account credentials or give others access to your Level Account; you are responsible for any activity on your Level Account. You may not use an email address with the Services that you don’t have the right to use or another person’s email address with the intent to impersonate that person. You may not transfer your Level Account to anyone else.
Professional Use. If you use the Services as or on behalf of a business, such as a benefit administrator, broker, or provider, you agree that you will only use the Services as strictly necessary for the purpose of fulfilling your professional duties.
Level’s Property. The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, Level trademarks, logos or other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. You understand and agree that any feedback you provide to us is not confidential.
Possible Infringement. If Level believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Level may in our sole discretion: (i) obtain the right for you, at Level's expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Level does not believe the options described in this section are commercially reasonable then Level may suspend or terminate your use of the affected Services.
Copyright Protection. We respond to notices of alleged copyright infringement. If you believe that anything on the Site or in the Services infringes on a copyright that you own or control, you may file a notification of such infringement by emailing firstname.lastname@example.org.
The Services may allow you to download client software (“Software”) which may update automatically, or you may access our Services using our Apps. So long as you comply with the Terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software and Apps, solely to access the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Level. Level has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if (a) you’re in breach of the Terms, (b) you’re using the Services in a manner that could cause a real risk of harm or loss to us or other users, (c) your employer’s account is terminated for any reason (if applicable), or (d) for any reason at any time. We may change or suspend the Services at any time and without notice. You are responsible for all transactions, fees, fines, losses, and other amounts owed to us caused by you, or any action or inaction of any user whom you are responsible for, including any that are assessed or may arise after the termination of your Level Account, and for any costs we may incur in the process of closing your Level Account when terminated or suspended for cause. Provisions that, by their nature, should survive termination of the Terms will survive termination. For example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEVEL DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY DATA OR CONTENT PROVIDED THROUGH THE SERVICES WILL BE TIMELY, CURRENT, COMPLETE, OR ACCURATE; (E) SPECIFIC MERCHANTS WILL PERMIT PURCHASES USING LEVEL CARDS; OR (F) THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SERVICES WILL BE AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THE TERMS FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), (III) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (IV) ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF LEVEL KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some places do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100.
To the fullest extent permissible under law, you will indemnify, defend, and hold harmless Level from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim against Level or its Affiliates regarding: (i) Your Information; (ii) your use of the Services (including actions taken by a third party using your account or on your behalf); or (iii) your breach of the Terms. Level will attempt to notify you of the claim and reasonably cooperate with you in defending the claim. Our failure to deliver notice will not eliminate or reduce your indemnification obligations hereunder. In its sole discretion, Level may choose to defend itself in any claim, all costs of which you will be responsible for paying or reimbursing, including reasonable attorneys fees. The foregoing indemnification obligation does not apply to liabilities, claims and expenses to the extent arising as a result of our own gross negligence or intentional misconduct.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Level, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Level may bring a formal proceeding.
Judicial Forum For Disputes. You and Level agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of New York, New York, subject to the mandatory arbitration provisions below. Both you and Level consent to venue and personal jurisdiction in such courts.
No Jury Trial. LEVEL AND YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. IN ANY LITIGATION BETWEEN YOU AND LEVEL OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND LEVEL WAIVE ALL RIGHTS TO A JURY TRIAL, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.
Limitations Period. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed or otherwise commenced within two (2) years after such claim or cause of action arose or be forever barred.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Controlling Law. The Terms will be governed by the law of the state of New York except for its conflicts of laws principles.
Entire Agreement. The Terms constitute the entire agreement between you and Level with respect to the subject matter of the Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. The Terms create no third party beneficiary rights.
Waiver, Severability. Level’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment. You may not assign any of your rights under the Terms, and any such attempt will be void. Level may transfer, assign, or delegate its rights or obligations under these Terms at any time without consent, including transfers (by operation of law or otherwise) to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications. We may revise the Terms from time to time. If you don't agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org, or address to P.O. Box 1461, New York, NY 10013.
Last updated: November 10, 2022