Last Updated: February 15, 2017
These Terms of Service (“Terms”) govern the access or use by you, an individual within the United States and its territories and possessions, of the App provided by lvl5, Inc. (“we,” “us” or “our”), creator of the App, Payver. Please read these Terms carefully before using our App. By downloading and using our App, you are agreeing to these Terms, which establishes a contractual relationship between you and us. If you do not agree with these Terms, do not access or use the App or any of our websites. These Terms constitute the entire agreement between you and lvl5, Inc. and supersede any prior agreements. These Terms and the associated version of the App are not intended for use outside of the United States. The App is not intended for use outside the United States, and any access to the app from outside the United States should be at your own risk.
PLEASE NOTE THAT WE DO NOT PROVIDE WARRANTIES FOR THE SERVICES, AND THESE TERMS LIMIT OUR LIABILITY TO YOU. SEE SECTIONS 9 (NO WARRANTY) AND 10 (LIMITATION OF LIABILITY) OF THESE TERMS FOR ADDITIONAL INFORMATION.
IMPORTANT: THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
1. Changes to these Terms
lvl5, Inc. may modify these Terms from time to time. We will identify the date the Terms were last updated at the beginning of the Terms. All changes are effective immediately when we post them (or such later effective date as may be indicated at the top of the revised Terms), and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of the revised Terms means you accept and agree to the changes. Accordingly, we recommend that you check for updates to these Terms on an ongoing basis. If we make any material changes to these Terms, we will notify you, either via the App or by SMS to the number associated with your account, only where such notice is required by applicable law.”
2. Use of the App
You must be at least 18 years old or the legal driving age in your jurisdiction to download and use our App. By using the App, you acknowledge that you are 18 years or older and understand your obligations under these Terms.
You agree to comply with all applicable laws and regulations when using the App, and you may only use the App for lawful purposes.
3. Software License
Software may be downloaded onto your smartphone to access our App. We reserve all other rights to the software. We may automatically check your version of the software and may automatically download new versions of the software to your device.
Any software provided to you is licensed, not sold. You have the right to use the software to access the App, subject to the conditions and limitations set out in these Terms. The license only authorizes use of one copy of the software on your device. You have no right to sublicense, copy, transfer, modify or make derivative works of the software. Unless we notify you otherwise, the software license ends when your use of the App ends. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the software.
4. Our Proprietary Rights
As between lvl5, Inc and you, lvl5, Inc. or its licensors own and reserve all rights, title and interests in and to the App and all hardware, software and other items used to provide the App, other than the rights explicitly granted to you to use the App in accordance with these Terms. No title to or ownership of any proprietary rights related to the App is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by lvl5, Inc. In the event that you provide comments, suggestions or recommendations to lvl5, Inc. related to the App (including, without limitation, regarding modifications, enhancements, improvements or other changes to the App) (collectively, “Feedback”), you hereby grant to lvl5, Inc. a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback provided.
You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the App; (ii) reproduce, modify, distribute, sell or lease any part of the services provided by our App; or (iii) reverse engineer or attempt to extract the source code of any software we provide, unless applicable laws prohibit these restrictions or you have our written permission to do so.
5. User-Provided Content
The App permits you to upload video and other content like GPS location data to lvl5, Inc. (“User Content”). By providing us with the User Content, you grant lvl5, Inc. a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of or distribute in any manner such User Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You accept that points awarded are not guaranteed monetary value, and any such reward from your participation with our App is subject to review. User-Provided Content that is not acceptable road footage will receive no points credit.
You represent and warrant that neither the User Content nor your submission, uploading or otherwise making available of such User Content or lvl5, Inc's use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by lvl5, Inc. in its sole discretion, whether or not such material may be protected by law. Although we are not required to do so, we may access, review and delete User Content at any time, including to assess whether it violates these Terms.
We reserve the right to store incidents and time-lapse photography indefinitely in order to support the ratings assigned to drivers’ license plate numbers. Although App users and non-user drivers may request deletion of data, the actual video and related data analyzed to assign a rating will be retained in de-identified form – i.e., any link to the user or to the information specific to the user that recorded them, including GPS, will be deleted.
6. Data Charges & Text Messages
You are responsible for any mobile charges that you may incur for using our App. If you are unsure what those charges may be, you should consult your service provider before using the App. We do not guarantee that the app will not use data. If you are worried about data usage, you should turn cellular data off on your iPhone's settings.
By downloading the App, you agree that lvl5, Inc. might send you text (SMS) messages as part of the of your use of the App. You may opt out of receiving text (SMS) messages from lvl5, Inc. at any time by texting the word STOP to the sending number from the mobile device receiving the messages. Opting out of receiving text (SMS) messages may impact your use of the App.
7. Suspension and Termination of Use of the App
We reserve the right to suspend or terminate your access to the App at any time in our sole discretion, with or without cause or notice, and without incurring liability of any kind. User provided content and any points acrued will not be furnished not honored to you. You realize that if you are suspended or terminated, you may no longer have access to the data that are stored through the App.
8. Updates to the App
lvl5, Inc. reserves the right to update the app to add or remove features at any time. The app may have bugs, and as section 9 illustrates, we are not responsible for any damage caused as a result of using the app.
9. No Warranty
LVL5, INC. PROVIDES THE APP “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, lvl5, Inc. MAKES NO – AND SPECIFICALLY DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE APP WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LVL5 INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LVL5 INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LVL5 INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LVL5 INC., IF ANY, IN THE LAST 12 MONTHS.
lvl5, Inc has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by lvl5, Inc of the site. Use of any such linked website is at the user's own risk.
lvl5, Inc may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
12. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.