Leveling Up Data – Last updated: September 22, 2025
1. Introduction
Welcome to Leveling Up Data LLC (“Leveling Up Data“, “we“, “us“, or “Company“). These Terms of Service (“Terms“) form a legally binding contract between you (an individual or entity) and Leveling Up Data LLC and govern your access to and use of our software-as-a-service platform, including any associated applications, websites and documentation (collectively, the Service). By creating an account, purchasing a subscription or accessing the Service, you agree to these Terms. If you do not agree, you must not use the Service.
If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. All references to “you” include that entity and its Authorized Users.
Age requirements: You represent that you are at least 18 years old (or the age of majority in your jurisdiction). The Service is not intended for anyone under 13.
2. Definitions
| Term | Meaning |
|---|---|
| Account | The administrative account you create to access and manage the Service. |
| Authorized User | An individual you permit to access the Service under your Account. |
| Subscription | A plan entitling you to use the Service for a specified term in exchange for fees. |
| Customer Data | All data and content that you or your Authorized Users upload or otherwise submit to the Service. |
| Confidential Information | Non‑public information disclosed by one party to the other that is marked confidential or would reasonably be understood to be confidential. |
3. Account Registration and Responsibilities
You must create an Account to use many features of the Service. You agree to:
- Provide accurate, complete registration information and keep it current.
- Safeguard your login credentials and restrict unauthorized access. You are liable for all activities occurring under your Account.
- Immediately notify us of any unauthorized use or security breach.
- Ensure that each Authorized User uses the Service only in accordance with these Terms and only under your Account.
We may suspend or terminate your Account if we reasonably believe that any information provided is false, outdated or violates these Terms.
4. License and Acceptable Use
4.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non‑exclusive, non‑transferable license to access and use the Service during your Subscription Term solely for your internal business purposes. Any usage limits specified in your order form or Account (e.g., number of users, storage or features) apply.
4.2 Restrictions
You and your Authorized Users will not:
- Copy, modify, translate or create derivative works of the Service.
- Reverse engineer or attempt to discover the source code or underlying algorithms of the Service.
- Sell, resell, distribute, rent, lease, sublicense or make the Service available to third parties except as permitted under your Subscription.
- Use the Service to build or support a competing service or product.
- Bypass, modify or interfere with any security or usage-limiting features of the Service.
- Upload or transmit any Customer Data that is illegal, infringing, defamatory, harassing, obscene or otherwise objectionable.
- Use the Service to send unsolicited or unauthorized commercial communications.
- Use the Service in violation of any applicable law or regulation.
We reserve the right to investigate and remove any Customer Data or suspend access for activities we believe violate these Terms.
5. Subscription Plans, Fees and Automatic Renewal
5.1 Plans and Fees
We offer various Subscription plans with different features, user limits and pricing. Plan details and pricing are described on our website or in a separate order form. All fees are quoted and payable in the currency specified at checkout and are exclusive of taxes. You agree to pay all applicable taxes, duties or other governmental assessments.
5.2 Billing and Payment
Subscriptions are billed in advance (monthly, annually or as otherwise indicated). You authorize us and our payment processors to charge your payment method for Subscription fees and applicable taxes on a recurring basis until you cancel. If payment fails, we may suspend access to the Service until payment is received.
5.3 Automatic Renewal and Consent
Subscriptions automatically renew at the end of each term for successive terms of equal length unless you cancel. For customers located in jurisdictions that regulate automatic renewal (such as California), we comply with applicable laws requiring us to obtain express affirmative consent to automatic renewal, maintain records of consent for at least three years, and provide clear cancellation methods and reminders. You may cancel at any time via your Account or by contacting support; cancellation will take effect at the end of your then-current billing period.
We will:
- Provide simple online cancellation (e.g., via a “click to cancel” button or by email) and phone cancellation (if you enrolled by phone) without unreasonable obstacles.
- Send annual reminders of your subscription with details of charges and cancellation instructions.
- Notify you prior to price changes or the end of promotional periods.
5.4 Free Trials and Promotions
If we offer a trial period, we will specify its length and conditions. Unless you cancel before the end of the trial, your Subscription will convert to a paid plan at the then-current rate. Trial periods and promotional discounts may be subject to additional terms. We may discontinue or modify trials and promotions at any time.
6. Service Levels, Support and Modifications
6.1 Service Availability
We aim to provide reliable access to the Service but cannot guarantee uninterrupted or error-free operation. Scheduled maintenance and unforeseen downtime may occur. We will use commercially reasonable efforts to minimize disruptions. If you require a specific service level, please contact us; separate service-level agreements may be available.
6.2 Support
Standard support is provided via email or in-app messaging during our business hours. Response times vary by plan. Enhanced support options may be available for an additional fee.
6.3 Modifications to the Service
We may modify, replace or discontinue features of the Service from time to time to improve functionality or comply with legal requirements. If any change materially reduces core functionality, we will provide advance notice. Your continued use after a change constitutes acceptance of the modified Service.
7. Data Rights, Privacy and Security
7.1 Ownership of Customer Data
As between you and Leveling Up Data, you retain all rights and title to your Customer Data. We do not claim ownership of Customer Data. You grant us a non‑exclusive, worldwide, royalty-free license to use, reproduce, modify and process Customer Data as needed to provide, maintain, improve and secure the Service, comply with law and enforce these Terms.
7.2 Data Handling and Security
We implement reasonable administrative, technical and physical safeguards designed to protect Customer Data against unauthorized access, loss or disclosure. These include encryption in transit and at rest, access controls and regular backups. In the event of a breach affecting Customer Data, we will notify you as required by law and cooperate with you on any required notifications.
Regulators have introduced more stringent security requirements for SaaS providers in 2025. For example, the HIPAA 2025 updates require mandatory multi-factor authentication (MFA) for cloud systems, risk-based access policies and ongoing asset inventories. The NYDFS cybersecurity regulation similarly requires MFA and comprehensive inventories. If you operate in regulated sectors (healthcare, finance, etc.), you are responsible for configuring and using the Service in compliance with applicable laws.
7.3 Data Portability and Switching
Upon request and during your Subscription, you can export Customer Data using the tools we provide. When your Subscription ends, we will retain your Customer Data for up to 60 days to allow export, after which we will delete or anonymize it (unless required by law to retain it). For customers in jurisdictions covered by the EU Data Act, effective September 12 2025, we will facilitate switching by enabling the export of your data and digital assets within a maximum 30-day transition period following a notice period of up to two months. The Data Act prohibits obstacles to switching (commercial, technical or contractual) and requires providers to remove switching fees by January 12 2027.
7.4 Privacy Policy
Our Privacy Policy describes our data collection, use and retention practices. By using the Service, you consent to our processing of personal data consistent with the Privacy Policy. You represent that you have obtained all necessary consents from individuals whose personal data you submit.
7.5 Third‑Party Services
The Service may interoperate with third‑party applications or services. We are not responsible for third‑party services and do not make warranties about them. Your use of third‑party services is subject to their terms and conditions.
8. Intellectual Property
We and our licensors own all rights, title and interest in and to the Service, including all software, designs, graphics and content. Except as expressly provided, we do not grant you any rights or licenses to our intellectual property. You may provide feedback or suggestions regarding the Service; by doing so, you grant us an irrevocable, royalty-free license to use and incorporate your feedback without obligation.
9. Confidentiality
Each party will protect the other’s Confidential Information with the same degree of care it uses to protect its own confidential information, but not less than reasonable care. Confidential Information may be used solely to perform obligations or exercise rights under these Terms and will not be disclosed to third parties except as authorized in these Terms or required by law (in which case the receiving party will provide notice to the disclosing party if legally permitted).
10. Indemnification
You will indemnify and hold harmless Leveling Up Data LLC and its officers, directors, employees and agents from and against any claims, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your or your Authorized Users’ violation of these Terms; (b) Customer Data (including any claim that Customer Data infringes or violates a third party’s rights); and (c) your violation of any law or regulation.
We will defend you against claims brought by third parties alleging that the Service, when used according to these Terms, infringes their intellectual property rights, provided that you promptly notify us of the claim, allow us to control the defense and cooperate with us. We may, at our discretion, (i) modify the Service to resolve the issue, (ii) procure a license to continue using the Service, or (iii) terminate your Subscription and refund any prepaid fees for the remainder of the term. Our obligations do not apply to claims arising from your modifications, combinations with third‑party products or use of the Service in violation of these Terms.
11. Warranties and Disclaimers
The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non‑infringement. We do not warrant that the Service will be uninterrupted, secure or free from errors. You use the Service at your own risk. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, our warranties are limited to the minimum permitted by law.
12. Limitation of Liability
To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special or consequential damages (including lost profits, revenue or data) arising out of or related to these Terms or the Service, even if advised of the possibility of such damages. Our aggregate liability for any claim relating to the Service or these Terms will not exceed the amount you paid us in the twelve months preceding the claim. Some jurisdictions do not allow limitation of liability; our liability is limited to the extent permitted by law.
13. Term, Termination and Suspension
13.1 Term
These Terms commence on the date you first accept them and continue until terminated. Each Subscription has the term specified when you purchase it.
13.2 Termination for Convenience
You may terminate your Subscription at any time through your Account or by contacting support. Upon termination, you remain responsible for all fees through the end of your current billing period, and we do not provide refunds for unused portions unless required by law. If you are located in the EU or provide services to EU customers, the Data Act permits you to terminate the Subscription for convenience with a notice period of up to two months. In compliance, we allow EU customers to cancel with two months’ notice and will not impose switching fees beyond those allowed by law. We may continue to charge for prepaid amounts if early termination penalties are permissible under the Data Act.
13.3 Termination for Cause
Either party may terminate these Terms if the other party materially breaches and fails to cure within 30 days after written notice. We may terminate immediately if you become insolvent, commence bankruptcy proceedings or cease operations. Upon termination, all licenses granted to you automatically end.
13.4 Suspension
We may suspend your access to the Service if: (a) you fail to pay amounts owed; (b) you breach these Terms; (c) your use poses a security or legal risk; or (d) we are required by law. We will attempt to provide notice of suspension when feasible and restore access when the cause of suspension is resolved.
13.5 Effect of Termination
Upon termination or expiration of your Subscription, you will cease use of the Service. Sections that by their nature should survive (such as data ownership, confidentiality, indemnification, limitations of liability and dispute resolution) survive termination. We will retain Customer Data for export for up to 60 days as described in Section 7.3.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the State of Texas and the United States, without regard to its conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
14.2 Dispute Resolution and Arbitration
Before initiating arbitration or litigation, the parties agree to attempt to resolve any dispute informally through good‑faith negotiations for 30 days. If the dispute is not resolved, it will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Dallas County, Texas, or remotely by video conference, in English. The arbitrator’s decision will be final and may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver
You and Leveling Up Data LLC agree that disputes will be resolved only on an individual basis. Neither party will bring a class or representative action, and the arbitrator may not consolidate claims without written consent from both parties.
15. International Compliance
We make no representation that the Service is appropriate or available in all jurisdictions. You are responsible for complying with local laws when accessing or using the Service. For EU customers or those providing services to EU residents, the EU Data Act grants rights to switch providers and port data with a maximum two-month notice period and a 30-day transition period. The Data Act also requires elimination of switching fees by January 12 2027 and imposes obligations to provide open interfaces and support interoperability. We will comply with these obligations where applicable.
For customers subject to sector-specific regulations such as HIPAA or NYDFS, you must ensure that your use of the Service meets applicable regulatory requirements. Our Service provides technical measures (e.g., MFA support, encryption) but does not guarantee compliance without proper configuration.
16. Changes to These Terms
We may update these Terms from time to time to reflect changes to the Service, legal requirements or other factors. We will provide at least 30 days’ notice of material changes by email or through the Service. If required by law, we will seek your affirmative consent. The updated Terms will become effective on the stated effective date. Your continued use of the Service constitutes acceptance of the updated Terms.
17. Miscellaneous
- Entire Agreement. These Terms (including any order forms, addenda and policies referenced herein) constitute the entire agreement between you and Leveling Up Data LLC regarding the Service and supersede all prior agreements.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale of assets or corporate reorganization.
- Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in effect and be enforced to the fullest extent permitted by law.
- No Waiver. Our failure to enforce any provision will not constitute a waiver of that provision or any other provision.
- Force Majeure. We are not liable for delays or failure to perform due to causes beyond our reasonable control (e.g., acts of God, natural disasters, war, acts of terrorism, labor disputes, government orders, internet outages).
- Notices. We may provide notices to you via email, the Service or postal mail. You are responsible for keeping your contact information current. Notices to Leveling Up Data LLC must be sent to Leveling Up Data LLC, Attn: Legal Department