Payver Terms of Service
Last Updated: October 4, 2017
THESE TERMS LIMIT OUR LIABILITY TO YOU AND INCLUDE AN ARBITRATION PROVISION. DO NOT USE PAYVER IF YOU DO NOT AGREE TO LIMIT OUR LIABILITY OR TO AGREE TO ARBITRATION IN THE EVENT OF A DISPUTE (E.G. NO DISPUTE RESOLUTION IN COURT SUCH AS CLASS ACTION LAWSUITS).
1. Changes to these Terms
2. Use of the App
You are not authorized to use Payver in any manner that results in a breach of these Terms.
You must be at least 18 years old and with a valid driver’s license and insurance in the jurisdiction where you use Payver.
You must comply with all applicable laws and regulations when using Payver, and you may only use Payver for lawful purposes.
In the event that you are actively driving, you are not authorized to physically interact with Payver in any manner that negatively impacts your driving. Specifically, do NOT let the use of Payver distract you from driving. Payver is intended for use before or after the vehicle is in motion.
If you are not in a safe driving condition (e.g. dizzy, nauseated, chemically impaired, sleep deprived, etc.) you are not authorized to use Payver.
3. Software License
When you install Payver on your mobile device, software will be downloaded. So long as Payver is installed on your mobile device, lvl5 may automatically check the version of Payver that you are running and automatically download new versions of the software to your device.
Subject to your compliance with the terms and conditions of these Terms, you have the limited, non-sublicenseable, temporary right to obtain and run a single copy of the software distributed by as solely to access the Payver service run by lvl5. In no event may you sublicense, copy, transfer, modify or make derivative works of the software, nor work around any technical limitations in the software you may encounter. Lvl5 may terminate your license to use the software at any point in time in its sole discretion. You may not (i) remove any copyright, trademark or other proprietary notices from any portion of Payver; (ii) reproduce, modify, distribute, sell or lease any part of the services provided by Payver; 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.
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 Payver and all hardware, software and other items used to provide Payver, other than the rights explicitly granted to you to use Payver in accordance with these Terms. No title to or ownership of any proprietary rights related to Payver 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 Payver (including, without limitation, regarding modifications, enhancements, improvements or other changes to Payver) (collectively, “Feedback”), you hereby grant to lvl5, Inc. a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback provided.
lvl5, Inc. reserves the right to update Payver to add or remove features at any time.
5. User-Provided Content and Points
Payver permits you to upload video and other content like GPS location data to lvl5 (“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, distribute, modify, perform, create derivative works of or otherwise benefit from 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.
We may award points to end users who submit User Content. The points are awarded based on internal algorithms that determine the relative value of the submitted User Content after its submission. Estimated point values displayed in Payver are just that: non-binding estimates. The actual point value is not available until after the User Content is reviewed and accepted. Variables that can affect point values include how good the lighting is, the quality of the video, how many other copies of video of the same location lvl5 already has access to, and the timing of the recording vs. other User Content we have received. User-Provided Content that is not acceptable video footage will result in no points (e.g. too dark, not in compliance with the device mounting guidelines, etc.).
Points may be redeemed for rewards as set forth at the rewards page in the Payver mobile application. Rewards are only available on a temporary basis and may change or become unavailable at any time. If the total value of items you purchase from the Payver Store is >$600 USD, we are required to report these to the IRS.
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.
6. Data Charges & Text Messages
You are responsible for any mobile charges that you may incur for using Payver. If you are unsure what those charges may be, you should consult your service provider before using Payver. We do not guarantee that Payver will not use cellular data. If you are worried about data usage, you should turn cellular data off on your smartphone's settings when recording video with Payver.
7. Suspension and Termination of Use of Payver
We reserve the right to suspend or terminate your access to Payver at any time in our sole discretion, with or without cause or notice, and without incurring liability of any kind. You realize that if you are suspended or terminated, you may no longer have access to the data that are stored through Payver. In the event that Payver determines in its sole discretion that points were awarded in connection with fraud, false activity, or other non-compliance with these Terms, Payver may remove any such points from the applicable account.
8. No Warranty
LVL5, INC. PROVIDES PAYVER “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, lvl5, Inc. MAKES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT PAYVER 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.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LVL5 INC. AND OUR 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.
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.
10. Governing Law; Arbitration
These terms and conditions are governed by and construed in accordance with the laws of California. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.