Terms of Service

1. Acceptance of Terms

By accessing or using the LVL Up Performance platform at lvlupperformance.com (the "Service"), operated by LVL Up Performance, Inc. ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, do not use the Service.

2. Description of Service

LVL Up Performance is a QR-powered performance management SaaS platform that enables organizations to collect, analyze, and act on employee performance data. The Service includes:

• QR code-based feedback collection from employees, peers, and managers
• Goal and OKR tracking with progress measurement
• Competency and skills matrix management
• 360-degree performance reviews
• AI-powered coaching insights and performance summaries (powered by Anthropic Claude)
• Manager and CEO dashboards with analytics and reporting
• Team management and role-based access controls
• HR administration features including PTO, benefits, and employee records

3. Account Terms

To use the Service, you or your organization administrator must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and account credentials
• Be at least 16 years of age (the Service is designed for workplace use and is not directed to minors)
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account
• Not share your account credentials with others; each user must have their own account (except for anonymous QR feedback, which does not require an account)

Organization administrators are responsible for managing user access, roles (employee, manager, CEO, admin, HR admin), and data within their organization's account.

4. Acceptable Use

You agree not to:

• Use the Service for any purpose that violates applicable law or regulation
• Submit feedback or content that is defamatory, harassing, threatening, or discriminatory
• Attempt to gain unauthorized access to other organizations' data or accounts
• Circumvent, disable, or interfere with security features, including Row Level Security policies
• Use automated scripts, bots, or scrapers to access the Service without our written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Transmit malware, viruses, or any code designed to disrupt the Service
• Resell, sublicense, or redistribute access to the Service
• Use AI-generated insights as the sole basis for adverse employment actions without human review

5. Data Ownership

Your Data:You and your organization retain all ownership rights to the data you upload, submit, or generate through the Service, including employee information, feedback, goals, and performance records ("Customer Data"). You grant us a limited, non-exclusive license to use, process, and store Customer Data solely for the purpose of providing and improving the Service.

Our Platform: We retain all intellectual property rights in the Service, including its software, design, features, documentation, and branding. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription term.

Data Export:You may export your Customer Data at any time through the platform's export features. Upon account termination, we will make your data available for export for 30 days before deletion.

6. AI-Generated Content Disclaimer

The Service uses artificial intelligence (Anthropic Claude) to generate coaching insights, performance summaries, and development recommendations. You acknowledge and agree that:

• AI-generated content is provided as a supplementary tool and should not be the sole basis for employment decisions, performance ratings, or disciplinary actions
• AI insights are generated from the feedback and performance data available in the system and may not reflect the complete picture of an employee's performance
• We do not guarantee the accuracy, completeness, or appropriateness of AI-generated recommendations
• You are responsible for reviewing and validating AI-generated content before acting on it
• AI features are subject to credit limits based on your subscription tier, and usage is consumed on a per-request basis
• AI-generated insights are processed through Anthropic's API; refer to our Privacy Policy for details on how data is handled

7. Subscription and Billing

The Service is offered through tiered subscription plans based on Tuckman's team development model:

• Starter (Free): Limited features for individuals and small teams
• Forming ($29/month): Core features for teams getting started
• Storming ($79/month): Full feature set for growing organizations
• Norming ($149/month): Advanced features with priority support
• Performing ($299/month): Enterprise-grade features with dedicated support

Billing terms:

• Paid subscriptions are billed monthly or annually in advance through Stripe
• You may upgrade or downgrade your plan at any time; changes take effect at the next billing cycle
• We reserve the right to modify pricing with at least 30 days' written notice to your account email
• Refunds may be issued at our discretion in accordance with our refund policy
• If payment fails, we will notify you and may suspend access after a reasonable grace period

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may experience downtime for maintenance, updates, or unforeseen issues. Scheduled maintenance will be communicated in advance when feasible. We are not liable for any losses resulting from service interruptions.

9. Termination

By you: You may cancel your subscription and terminate your account at any time through your account settings or by contacting us at support@lvlupperformance.com. Cancellation takes effect at the end of the current billing period. You will retain access until that date.

By us:We may suspend or terminate your account if you materially breach these Terms, engage in prohibited conduct, or fail to pay fees when due. For non-critical violations, we will provide 30 days' written notice and an opportunity to cure. Immediate suspension may occur for serious violations such as security breaches or illegal activity.

Effect of termination: Upon termination, your right to use the Service ceases. Your Customer Data will be available for export for 30 days following termination, after which it will be permanently deleted unless retention is required by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL LVL UP PERFORMANCE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless LVL Up Performance, Inc. and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) Customer Data you submit to the Service.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration under the rules of the American Arbitration Association, or bring a claim in the state or federal courts located in Delaware.

13. Changes to These Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice by email to the account administrator or through a prominent notice in the Service. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Service and cancel your subscription.

14. Contact Information

For questions about these Terms of Service, please contact us: