2.2. To use the Level Services, You must have internet access and a Level Ready Device and provide Us with one or more Payment Methods. “Payment Method” shall mean a current, valid, and accepted method of payment, as may be updated from time to time, and which may include payment through Your account with a third party.
2.3. The scope of the Services available for use by You depends on the type of Level Services availed by You and if or not the Level Services are availed free of charge or in lieu of a fee. In the event You use the free trial Services, You shall have access to certain basic functions and Level Content on the Site for a limited period of time. “Level Content” shall mean any and all materials on the Site including but not limited to text, graphics, images, music, audio, video, software, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Level Services on the Site. For a more extensive range of functions and content, for example, access to complex personalized workouts and training modules, You shall be required to sign-up for the subscription, either on a monthly or a yearly plan to have access to the respective Level Service.
2.4. In the case of a free trial, the duration of the free trial period will be specified in the “Profile” section and is intended to allow new members to try the Service. Free trial eligibility shall be determined by Level at its sole discretion, and We may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put Your account on hold in the event We determine that You are not eligible, at the sole discretion of Level. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Level sign-up to determine eligibility. For combinations with other offers, restrictions may apply.
2.5. In the event You avail of Our “Monthly” subscription Service, the same shall be paid in monthly installments. You hereby acknowledge and understand that Level is authorized to conform to the Payment Method as set forth in section 2.2 for each month that Your monthly subscription is active. The monthly renewal subscription fees will continue to be billed to the Payment Method You provided until canceled by You. You must cancel Your subscription before its auto-renewal date in order to avoid billing the next month’s subscription fee to the Payment Method as provided.
2.6. In the event You avail of Our “Yearly” subscription service, the same shall be paid for by means of upfront payment with automatic annual renewals. You hereby acknowledge and agree that Level is authorized to charge the Payment Method used for (i) the initial yearly subscription fee secured at the time of making the purchase, and (ii) the non-discounted renewal subscription fee. The annual renewal subscription fees will continue to be billed to the Payment Method You provided until canceled. You must cancel Your subscription before its auto-renewal date in order to avoid billing the next year’s subscription fee to the Payment Method as provided.
4.1. Billing: The Subscription Fee for the Level Services and any other charges You may incur in connection with Your use of the Level Services, such as taxes and possible transaction fees, will be charged to Your Payment Method and the details of which are available in your "Account" page. Level reserves the right to change, supplement, alter or remove any of the Level Content or Level Services that are subject to a Subscription Fee as it deems fit. Level does not guarantee the availability of a specific Content/Service or a minimum Content or duration of availing the Service that is subject to a Subscription Fee.
4.2. Payment Methods: To use the Level Service, You must provide one or more Payment Methods. You authorize Us to charge any Payment Method associated with Your account in case Your primary Payment Method is declined or no longer available to Us. You remain responsible for any uncollected amounts and shall keep Level fully indemnified against all such costs, penalties, losses, and damages incurred by Level and/or its affiliates in connection with such non-payment. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, We may suspend Your access to the Level Services/Level Content until We have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge You certain fees, such as foreign transaction fees or other fees relating to the processing of Your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with Your Payment Method service provider for more details and any further clarifications. You further agree and acknowledge that Level reserves the right to not process or to cancel Your subscription in certain circumstances, for example, if We suspect the request is fraudulent, or there is a pre-existing account or in any other circumstances Level deems appropriate in its sole discretion.
4.3. Cancellation & Refunds: To the extent permitted by the applicable law, payments are non-refundable and We do not provide refunds or credits for any unwatched/purchased Level Content or unutilized Level Services. For the sake of clarity, You will not receive a refund for the Subscription Fee You already paid for Your current subscription period and You will continue to receive the Level Services and access to the Level Content until the end of Your current Subscription period.
5.1. Level is for people over the age of 18. Minors under the age of 18 should only use Level with the consent and involvement of a parent or guardian
5.2. The Level Services and any Content viewed through the Site are for Your personal and non-commercial use only and may not be shared with individuals beyond Your household without the written permission of Level. On successfully signing up for the Level Services, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, non-commercial right to access the Level Services and view Level Content, privately. Except for the foregoing, no right, title or interest shall be transferred to You with respect to the Site or Level Content. You explicitly agree not to use the Level Service for public performances or any commercial gains with such public performances of Level content whatsoever.
5.3. You may view the Level Content primarily within the country in which You have established Your account and only in geographic locations where We offer Our Services and have licensed such content. The Level Content that may be available to watch will vary by geographic location and will change from time to time.
5.4. The Level Services, including the Level Content library, is regularly updated and new content is added for Our Users. In addition, we continually test various aspects of Our Service, including Our website, user interfaces, promotional features, and availability of Level Content.
5.5. Passwords and Account Access The User who created the Level account and whose Payment Method is charged (the "Account Owner") has access and control over the Level account and the Level Ready Devices that are used to access Our Services and is responsible for any activity that occurs through such Level account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should maintain control over the Level Ready Devices that are used to access the Services and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information You provide to Us relating to Your Level account. We can terminate Your account or place Your account on hold in order to protect You, Level, or Our partners from identity theft or other fraudulent activity.
5.7. The quality of the display of the Level Content may vary from device to device and may be affected by a variety of factors, such as Your location, the bandwidth available through, and/or the speed of Your Internet connection. HD and Ultra HD availability is subject to Your Internet service and device capabilities. Not all content is available in all formats, such as HD or Ultra HD. Default playback settings on cellular networks exclude HD and Ultra HD content. The minimum connection speed for SD quality is 1 MBps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 MBps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 MBps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher). You are responsible for all Internet access charges. Please check with Your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Level Content will vary based on a number of factors, including Your location, available bandwidth at the time, the Content You have selected and the configuration of Your Level Ready Device.
5.8. Level software is designed to enable viewing of Level Content through Level Ready Devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Level Services may require third-party software that is subject to third-party licenses. You agree that You may automatically receive updated versions of Level and related third-party software.
5.10. We save the journal entries of our users on our server in an encrypted format. They can get the entries deleted by mailing them to us at email@example.com, but in that case, they won't be able to access past entries on the app.
5.11. We have drafted the clause for journal entries. You may please add the below clause to Clause 8 of your policy: "- For data relating to the journal entries made on Your account: The journal entries made by you are stored on our servers in an encrypted format. This is done to ensure that the past entries of the users are accessible to them even if they log out/deactivate their Account. You hereby consent to the collection of such information. However, in case you want the same to be deleted from our servers, you may request deletion of this data by sending us an email at firstname.lastname@example.org."
5.12. Further, please note that as per Clause 12 of the policy, the users are required to be informed in case of any substantial revision to the policy. Hence, we recommend informing your users about this update in your policy. However, if you feel that this isn't a substantive change and need not inform the users then you may please go ahead with as you deem fit.
6.1. Level IP You acknowledge that Level is and shall remain the sole and exclusive owner of all right, title, and interest in and to (i) the “Level” name, all related trademarks, service marks, trade names, designs, logos, and insignias related thereto (collectively, the “Level Marks”); (ii) all copyrights, trademarks, patents, and other intellectual property rights contained therein or related thereto; and (iii) Level Content, any and all third-party content, data, materials, and other information contained in, or uploaded to the Site or derived therefrom (collectively, the “Level IP”). You hereby agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying the Level Services or Level Content.
Where permitted under the applicable law, You and Level agree that each may bring claims against the other only in Your or Its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both You and Level agree otherwise, the court may not consolidate more than one person's claims with Your claims and may not otherwise preside over any form of a representative or class proceeding.
8.1. LEVEL DOES NOT PROMISE THAT THE SITE OR ANY LEVEL CONTENT, SERVICES, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEVEL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LEVEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LEVEL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LEVEL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
8.2. Level reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8.3. This disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
8.4. Medical Disclaimer:
8.4.1. Level is an overall provider of access to online meditation, fitness, sleep, mindfulness, and journaling in the health & wellness sector. Level, in no way, claims to be a health care facility or medical service/information provider, nor should Our Services be considered medical advice or an alternative to medical aid, by any individual, under any circumstances. Please consult Your doctor in the event of any discomfort, or in case of any pre-existing medical condition. While there is substantial third-party evidence from extensive and credible research that meditation and physical activity can assist in the prevention and facilitate recovery process for numerous conditions as well as act as a catalyst in the holistic development of the overall wellbeing and health, Level makes no claims, representations or guarantees that the Level Services provide any long term physical or mental benefits.
8.4.2. To the extent that You participate in any movement content, as part of the “Body” section featured on the Site, You represent and warrant that You are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous or involve a potential risk. You hereby agree and acknowledge that not all activities described on the Site or as a part of the Level Content are suitable for every User. It is not advisable to use the Services while performing tasks like driving, operating heavy machinery, or performing other tasks that require attention and focus, as it involves high risk. You understand and agree that You are solely responsible for Your use of the Services. We advise You to consult a licensed physician prior to the commencement or modification of any exercise regime that You undertake, that is depicted on the Site, especially if You have a prior injury, underlying condition, a history of heart disease, high blood pressure, other chronic illness, are pregnant, breast-feeding or have any other condition. Level shall not be liable or responsible for any consequences of Your discretion to avail the Services and You assume full responsibility for Your decisions and actions. In particular, to the fullest extent permitted under applicable law, Level makes no representation or warranties about the accuracy, suitability, or completeness for any purpose of the advice as presented in the Content, other materials, and information made available to You as part of the Services.
8.4.3. You agree and acknowledge that the Services and information offered by Level DO NOT constitute any medical advice or a licensed physician's advice, nor are they a substitute for a medical examination or treatment by a licensed physician/doctor and should not be construed as an alternative to the same under any circumstances.
8.4.4. Level is for people over the age of 18. Minors under the age of 18 should only use Level with the consent and involvement of a parent or guardian. This also applies to the Level content designed for children and teenagers on the Site.
IN NO CASE SHALL LEVEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR USE OF THE LEVEL SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. ADDITIONALLY, ANY LOSS OR DAMAGE DUE TO VIRUSES OR OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY CAUSED BY YOU ACCESSING, USING, OR DOWNLOADING THE SERVICES OR CONTENT, OR FROM TRANSMISSIONS VIA EMAILS OR ATTACHMENTS RECEIVED FROM US. LEVEL’S MONETARY LIABILITY FOR THE SERVICES OR THE LEVEL CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 500/- (INDIAN RUPEES FIVE HUNDRED ONLY) IN ANY CASE WHATSOEVER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ASSUME FULL RESPONSIBILITY FOR YOUR OWN USE OF THE LEVEL SERVICES. IN NO EVENT SHALL LEVEL BE LIABLE TO YOU, YOUR HEIRS, OR ASSIGNS OR TO ANY THIRD PARTY FOR ANY LOSS, DEATH, DAMAGE, OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICES OR OTHER ACTIVITIES YOU UNDERTAKE IN CONNECTION WITH YOUR UTILIZATION OF THE SERVICES.
CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Level, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Level Services and Level Content; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. (vi) Your inability to use, unauthorized use of, delay, performance, or non-performance of the Site;
This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
11.2. Customer Support: To find more information about Our Services and features write to email@example.com. In the event You require any information/help with respect to Your Level account or in case of any complaints or any payment-related queries please write to us at firstname.lastname@example.org,
11.5. Electronic Communications: We will send You information relating to Your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to Your email address provided during registration.
11.6. Contact Us: To contact Us for any concerns, legal issues, or questions related to the Service, You can reach out to Us at the following email ids: