Terms of Service

This policy was last updated June 27, 2019

Welcome to the Level Technologies, Inc., and its successors, affiliates, and assignees, (“Our,” “We,” “Us,” “Level”) Terms of Use (the “Terms”). Please read these Terms carefully because they govern your use of our website, www.levelgoals.com (the “Site”), our mobile application (the “App”), and any of our other services and products available at or through the website or mobile application (the “Platform”). Please read the Terms carefully. If you have any questions, contact us at support@levelgoals.com.

Agreement to Terms

By accessing, downloading, installing, or using our Platform, you agree to be bound by these Terms and our Privacy Policy.

Further, the Platform incorporates third party products and services (the “Providers”). Each Provider sets forth its own terms and policies (the “Provider Terms”), which contain terms about your privacy, dispute resolution options, and more.

It is essential for you to read and understand the Provider Terms and by using the Platform you represent that you have read, understood, and agree to the Provider Terms, which may change at any time, here is a non-exhaustive list of terms you agree to when using the Platform:

 

The Platform

Level offers a Platform for you to set a financial goal and build savings through round ups, boosts, and tips on good financial decisions. You hereby acknowledge and agree that Level is not a bank, financial planner, broker, or asset manager. You are solely responsible for your savings, investment, and spending decisions.

No Financial Advice

The Platform may contain general information and tips regarding savings and good financial decisions. Level is not a financial advisor and no part of the Platform is intended to provide individual financial advice. Level is not responsible for ensuring sufficient funds, suitability of savings, or for making any other financial decisions for you. Level makes no representations, warranties, or guarantees of any kind that the Platform is suitable for you.

 

Changes to Terms or Platform

We may modify the Terms and the Platform at any time, in our sole discretion. If we do so, we may let you know by email or by posting notice or notification on or via the Platform. It’s important that you review the updated Terms because your continued use of the Platform indicates that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then please discontinue use of the Platform immediately. Because our Platform is evolving over time we may change or discontinue all or any part of the Platform at any time, and without notice to you, in our sole discretion.

Creating an Account

In order to create an account (the “Account”) you become a “User” and represent: (a) you are a U.S. Citizen (or a legal U.S. resident) at least 18 years of age (or older if you reside in a state where the majority age is older); (b) you accept and agree to the Terms, our Privacy Policy, and the Provider Terms; (c) you have an existing bank account with a U.S. financial institution (the “User Bank Account”); (d) you comply with the Platform’s sign up and verification process; and (e) you are not otherwise barred from using the Platform.

Level Account

Level Account & Evolve Bank: By Using the Account you are engaging in transfers between your User Bank Account and the “Level Account.” The Level Account consists of funds held by Evolve for your benefit in an FDIC-Insured “FBO” account at Evolve Bank & Trust, Member FDIC, a subsidiary of Evolve Bancorp, Inc. (the “Bank”). This account does not bear interest for the user and by using the Platform, you acknowledge that you are using the Platform without rights to any interest.

Synapse: The Platform uses Synapse Financial Technologies, Inc. (“Synapse”), a third-party banking software provider and agent of the Bank, to carry out all financial transactions between your User Bank Account and the Level Account, among other services.

Account Limits: We may at any time and in our sole discretion limit the amount you may deposit to the Level Account.

Account Errors: You agree that you will carefully examine each account statement or other communication you receive regarding your funds in the Level Account, and promptly report any account errors including, but not limited to, missing deposits, unauthorized transactions, posting errors, or disputed transactions. If you do not report such error within 30 days after the statement is sent from Level, you agree that neither Level nor the Providers will be liable for any loss and that you may not later dispute the transaction amounts and information contained in the statement, including the receipt of reimbursement. Except as provided by applicable law, you also agree that neither Level nor the Providers will be required to reimburse you for errors caused by your own negligence, and you agree to repay Level promptly any amount credited to your account in error, and you authorize the Providers to debit your account to obtain payment of any erroneous credit.

Electronic Fund Transfer Disclosure: The Bank Deposit Agreement contains important disclosures made in accordance with federal law regarding electronic payments, deposits, the transfer of funds, and other electronic transfers to and from your User Bank Account and the Level Account. By using the Platform you agree and represent that you have read and understand the Electronic Fund Transfer Disclosures.

User Bank Account

During the Account creation process, you must link at least one external bank account at a U.S. financial institution in order to use the Platform. By linking each User Bank Account you represent and warrant that you have the right to control each User Bank Account and agree to the terms of such linking. User Bank Account linking is provided by Synapse, and by using the Platform you are agreeing to and directing Synapse to access your User Bank Account and link it to your Account. Level might require a variety of identity and ownership verification information and may send micro-deposits to your User Bank Account (e.g., $0.03) so that you can verify the amount of these micro-deposits and demonstrate that you own and control the User Bank Account.

Authorizing the Linking of Accounts: You agree that your use of the Platform constitutes an authenticated authorization of the account link as an access device between your User Bank Account and the Level Account. You further agree to allow Synapse and the Bank to initiate automated clearing house (“ACH”) debits and credits on your behalf, for your convenience. To revoke this authorization, please contact us at support@levelgoals.com and notify us of this revocation in writing by email. Your revocation has no impact or applicability on the incidental handling of ACH debits and credits already in process, or network adjustments to ACH debits or credits initiated prior to your revocation of authorization.

Transferring Funds

By using the Platform, you agree to the terms governing electronic fund transfers, as provided by the Providers. Funds are transferred between your User Bank Account and the Level Account via ACH and can take up to three business days to process. You may transfer up to/no more than $10,000 to the Level Account per day. Level is not responsible for any third-party fees, which might be incurred as a result of your use of the Platform. You may not withdraw cash, make purchases, or transfer funds to third parties from the Level Account. By setting your transfer preferences in the Platform, you authorize Level to transfer funds without notice and acknowledge that this may cause an overdraft if you lack sufficient funds in your bank account at the time of transfer. Neither Level nor the Providers are responsible for any fees incurred as a result of an overdraft.

Unauthorized Transfers

Timeliness is of the essence. Notify Level IMMEDIATELY if you believe your account has been compromised or access as been lost, stolen, or as been or may be subject to unauthorized transfers. Such compromise includes but is not limited to, a lost or stolen mobile device or lost login credentials, whether actual or suspected.

If you notify Level within 48 hours of such belief, loss will be limited to $50, of unauthorized transfers. However, if you do not notify Level within 48 hours, after learning of loss, theft, or unauthorized use, and Level can establish that such could have been prevented had timely notification been provided, loss may reach $500, or more.

Also, if your statement shows transfers that you did not make and you do not tell us within 60 days after the statement is made available to you, you may not get back any money you lost after the 60 days if it can be proved that the unauthorized transfer might have been prevented had timely notice been given, unless such lack of notice is the result of circumstances beyond your reasonable control.

For additional details about unauthorized transfers, losses, and your notification obligations, please refer to the Synapse and Evolve Bank Deposit Agreement.

PATRIOT Act Notice

The USA Patriot Act requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. Users agree to the collection and use of certain information for verification purposes and will comply with any such requests at any time. Opening an account with the Platform may require the collection of your name, address, date of birth, social security number, and other information. Additional documentary evidence, such as photo identification might also be collected to verify such information. For further details about what information the Platform collects and how that information is used please visit our Privacy Policy.

Electronic Communications

Consent to Electronic Communications: To the fullest extent permitted by law all terms of use (including those of third-party providers), account statements, notices, and other communications (the “communications”) may be provided to you electronically, and you consent and agree to receive those communications in an electronic form. Electronic communications may be posted on the Platform or by the Providers, or sent to you directly. You may print a paper copy of or download any electronic communication and retain it for your records. All communications in electronic format will be considered to be “in writing,” and to have been received no later than 5 business days after posting or dissemination, whether or not you have received or retrieved the communication. Both Level and the Providers reserve the right to provide communications in paper format.

Revoking your Consent: Your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so in writing. If you revoke your consent to receive communications electronically, we may terminate your right to use the Platform or to obtain or maintain a Level Account and related services, and you accept sole liability resulting from an involuntary termination of your Account and related services, to the extent permitted by law.

Account Statements: Unless notified otherwise and except as expressly provided in the Terms or Provider Terms otherwise, all account statements will be sent electronically.

Financial Information Consent and License

Consent to Collection and Use of Your Financial Information: By using the Platform you are consenting to the collection and use of your “Transaction Information,” including but not limited to, transaction types, amounts, and dates. For more information about our collection and use of financial information, please review our Privacy Policy.

License to Use Financial Information: You hereby grant Level and its Providers a worldwide, royalty-free, perpetual, irrevocable, sublicensable, fully-paid, transferable license to use, modify, display, distribute, create derivative works of, and otherwise sell, license, reproduce, or distribute your Transaction Information, in an anonymized and aggregated format stripped of personally identifiable information, to operate, provide, develop, and improve the Platform.

Account Restrictions and Monitoring

You may only use the Platform for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party. Your Account should be and cannot be used under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization.

“Automated Activity,” including but not limited to, bots, scrapers, crawlers, or any other such access or use of the Platform is strictly prohibited. Any such Automated Activity will result in permanent and immediate Account closure.

Your use of the Platform must comply with all applicable laws, rules, policies, these Terms, and the Provider Terms.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any username that you create through the Platform that violates our Terms.

You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Platform. You can submit feedback by contacting us at support@levelgoals.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose, such as in creating a publicly available knowledge base or FAQ.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at https://www.levelgoals.com/privacy-policy.

 

User Conduct

We invite you to participate in our community, but ask that you respect other Users just like yourself when posting Content and using the Platform.

You Agree NOT to:

  • use language or transmit content that may be considered offensive or profane to other Users. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content;

  • harass or threaten other users. Harassing behavior and language includes insults, ethnic or homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another User to experience ridicule, threat, or discomfort;

  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;

  • publish falsehoods or misrepresentations that could damage Level, our Users, the Providers, or any third party;

  • publish any private information of another (such as address or phone number) without permission;

  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • post advertisements;

  • impersonate another person or represent yourself as affiliated with us, our staff, or other the Providers;

  • solicit a User’s password or other Account information; or

  • harvest User names, addresses, or email addresses for any purpose.

 

This list is an example and is not intended to be complete or exhaustive. Level does not have an obligation to monitor your access to, or use of, the Platform, but we reserve the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.

Level Content

Subject to your compliance with these Terms, Level grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our content (“Level Content”) solely in connection with your permitted use of the Platform. For the purposes of these Terms, Level Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by us, the Providers, or our affiliates.

You may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through the Platform. At no time is any User permitted to: (a) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Level Content or the Platform to a third party; (b) decompile, reverse-engineer, disassemble, or create derivative works of the Platform or any Level Content; or (c) use the Platform or Level Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or the Provider Terms.

Intellectual Property

The Platform contain material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic, and text information, and all Level Content. Level, and any of our licensors, exclusively own all right, title and interest in, and to the Platform and Level Content, including all associated intellectual property rights. You acknowledge that the Platform and Level Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Platform and Level Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Level Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

It is our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The notification must be sent to: 24 Roy Street, Seattle, WA 98109

 

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Third Party Links

The Platform may contain links to or advertisements of third-party websites, applications, or resources (the “Third Party Links”) that are not affiliated with you, other Users, the Providers, or the Platform. We are not responsible for Third Party Links. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. The terms and privacy policies of those third parties govern your use of those services.

Indemnity

You agree to defend, indemnify and hold harmless us, or our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (a) your use of and access to the Platform; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (d) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Platform.

Termination

You may pause your savings in the app at any time without terminating your Level account.  If you wish to terminate your account instead, please contact support@levelgoals.com and we will assist you.

We may terminate your access to and use of the Platform and Account at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Platform or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Platform and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER LEVEL NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, mOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not WE has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.

In no event will OUR total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE LESSER of the AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.

Dispute Resolution

Disputes concerning the Providers are governed by the Provider Terms. It is essential for you to the Provider Terms as they contain terms that you agree to in your use of the Platform regarding dispute resolution with the Providers.

 

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Platform. Start by notifying us of your dispute by sending a notice to the contact email address listed above.

  1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Platform will attempt to informally negotiate a potential settlement or resolution to the dispute;

  2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

  3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us (a) via email; or (b) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Questions

If you have any questions regarding these Terms, please contact us at support@levelgoals.com