Terms of Service

Last updated: March 2025

These Terms of Service ("Terms") are a binding agreement between you and Levelan (or the entity operating the Levelan app, "we," "us," or "our") governing your access to and use of the Levelan mobile application and related services (the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Important The Services are not medical, nutritional, or fitness advice. Consult a qualified healthcare provider before starting or changing any exercise or diet program. Exercise involves inherent risks. Use the Services at your own risk. See Section 6 (Disclaimers) for full details.

1. Acceptance and changes

By creating an account or using the Services, you confirm that you have read, understand, and agree to these Terms and our Privacy Policy, which is incorporated by reference. We may modify these Terms from time to time. We will notify you of material changes (e.g., in the app or by email). The "Last updated" date reflects the effective date. Your continued use of the Services after changes constitutes acceptance of the modified Terms. If you do not accept the modified Terms, you must stop using the Services. For material changes we may ask you to accept the updated Terms again where appropriate.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Services. By using the Services, you represent and warrant that you meet these requirements. The Services are not intended for or directed to minors. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account and data

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate and complete information when creating an account and keep it updated. Our collection, use, and disclosure of your data are described in our Privacy Policy. You may delete your account and associated data at any time from Settings in the app. We may suspend or terminate your account if we reasonably believe you have violated these Terms or for other reasons consistent with these Terms.

4. Acceptable use

You agree to use the Services only in accordance with these Terms and applicable law. You agree not to:

We reserve the right to suspend or terminate your access and to remove content that we reasonably believe violates these Terms or is harmful to others or the Services.

5. Intellectual property

The Services, including but not limited to software, text, graphics, logos, and design (excluding user-generated content), are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works from the Services or our content without our prior written consent.

6. Disclaimers

6.1 Not medical or professional advice

The Services are for informational and motivational purposes only and are not a substitute for professional medical, nutritional, or fitness advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider before starting or changing any exercise or diet program, especially if you have any medical condition, injury, or take medication. Do not disregard professional medical advice or delay seeking it because of something in the Services. Reliance on any information provided by the Services is solely at your own risk.

6.2 Risks of exercise

Exercise and physical activity involve inherent risks of injury, including serious injury or death. You assume all risks associated with your use of the Services and any exercise or activity you undertake. You agree that you use the Services and any recommendations, plans, or content at your own risk. You are responsible for using proper form, using a spotter for heavy compound movements (e.g., bench press, squat), and stopping and seeking care if you experience pain, dizziness, or discomfort.

6.3 Not HIPAA compliant

The Services are not designed or intended to comply with the Health Insurance Portability and Accountability Act (HIPAA) or similar health-data regulations. If you are subject to HIPAA or similar requirements (e.g., as a covered entity or business associate), you should not use the Services to store or transmit protected health information. We do not represent that the Services meet any such regulatory requirements.

6.4 "As is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

7. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the above limitations may not apply to you, and our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your violation of these Terms or applicable law, (c) your violation of any third-party right, or (d) any content or data you submit or transmit through the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

9. Termination

You may terminate your account at any time by deleting your account from Settings in the app. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive (including Sections 5–8 and 10–12) will survive termination. We may retain certain information as required by law or for legitimate business purposes (e.g., fraud prevention) as described in our Privacy Policy.

10. Dispute resolution and governing law

These Terms and any dispute or claim arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts. You waive any right to a jury trial and any right to participate in a class or representative action. To the extent permitted by law, any claim must be brought within one (1) year after the cause of action arose.

If you are in the European Economic Area or another jurisdiction that does not permit the above choice of law or forum, the laws of your country of residence may apply, and you may have the right to bring claims in your local courts.

11. General provisions

12. Contact

For questions about these Terms, contact us at:

support@levelan.com

These Terms are a draft intended to minimize legal review cost. Have a qualified attorney review before launch or material change in services.