Level Fittech Private Limited ("Level") has designed and developed a Level Beta Program ("Level Beta Program") to, among other things, allow a limited number of people to download test versions of Level Application (“Application”) for mobile devices, such as Level for Android devices or Level for iOS devices, and to provide feedback and comments to Level regarding the usage. By joining the Level Beta Program, you agree to be bound by the terms and conditions set forth below (the "Agreement").
By enrolling in the Level Beta Program you will have the ability to: (a) download, test, evaluate and analyze the Experimental Software (b) and provide feedback, analysis, suggestions and comments to Level (including, but not limited to, bug reports and test results) (collectively, “Feedback”).
By tapping the "I accept the terms..." During registration, by executing a written copy of this Agreement, or by downloading, installing, copying or otherwise using this Application, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, do not download, open, install or use the Application. Contact Level to arrange for you to be removed from the Beta Testing program at no charge to you.
Level is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Application will be corrected.
The information, data and various forms of media, such as the audios, videos, animations and images, inside the Application is Confidential. You will not disclose the Application or any comments regarding the Application to any third party without the prior written approval of Level Fittech Private Limited. You will maintain the confidentiality of the Application with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on your part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to you without any limitation on use or disclosure prior to its receipt from Level Fittech Private Limited; or (d) independently developed by you or your employees; or (e) generally made available to third parties by Level Fittech Private Limited without restriction on disclosure.
You acknowledge that you are participating in the Level Beta Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Level to use, implement, and understand various facets of the Application. Level, at its sole discretion, may provide you compensation for your participation and/or Feedback but you acknowledge and agree that Level has no obligation to do so. In the event Level Fittech Private Limited provides you any form of compensation, which such shall not exceed, you represent and warrant that you will pay all applicable federal, state and local taxes based on any payments received by you. Level makes no guarantee or representation as to whether or not your Feedback regarding the Experimental Software will be used, and you understand and acknowledge that Level will not compensate you for your participation in the Level Beta Program. Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Level.
Provision of any Software under this Agreement is experimental and shall not create any obligation for Level Fittech Private Limited to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Application either to You or to any other party. THE APPLICATION IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Level Fittech Private Limited BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF Level Mobile Application HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Level Fittech Private Limited, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF LEVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, LEVEL’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that Level Fittech Private Limited has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
This Agreement constitutes the complete and exclusive agreement between Level Fittech Private Limited and You with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of Level Fittech Private Limited and You.