Terms of Use
Last Modified: January 23, 2025
These Terms of Use ("Terms of Use") are entered into by and between you (the "User") and OPLEVEL AI LLC ("OpLevel," "we," "us," or "our"). The following Terms of Use govern your access to and use of our website located at www.oplevel.ai (the "Website") and any content, functionality, and services provided by us, including proprietary algorithms, dashboards, data models, data structures, and consulting solutions provided under consulting retainers with commitment (collectively, the "Services").
By accessing the Services, entering into a consulting retainer agreement (a "Retainer Agreement"), or otherwise using the Website, you accept and agree to these Terms of Use and our Privacy Policy. If you do not agree, you must immediately stop using the Services.
The terms "OpLevel," "we," "us," and "our" refer to OPLEVEL AI LLC. The terms "you" and "your" refer to the User or, if applicable, the organization you represent. By agreeing to these Terms of Use on behalf of an organization, you confirm you have the authority to bind that organization
1. Changes to the Terms of Use
We reserve the right to update or modify these Terms of Use at any time at our sole discretion. Changes will become effective immediately upon posting the updated Terms of Use on the Website or by providing notice via email. It is your responsibility to review the Terms of Use periodically. Continued use of the Services after such changes constitutes your acceptance of the revised Terms of Use.
2. Intended Use of the Services
2.1. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you represent that you meet this requirement.
2.2. Compliance with Laws
You agree to use the Services in compliance with all applicable laws and regulations, including, but not limited to, export control laws. You may not use the Services if you are located in or are a national or resident of a jurisdiction subject to U.S. embargoes or other sanctions.
3. Access to the Services and Account Security
3.1. Access
Access to the Services may require registration or execution of a Retainer Agreement. We may restrict or revoke access to the Services at any time, for any reason, including if you breach these Terms of Use.
3.2. Account Security
If provided with account credentials, you must treat them as confidential and not share them with others. You are responsible for all activity conducted under your account. Notify us immediately of any unauthorized access or suspected breach of security.
4. Consulting Retainers and Payment
4.1. Retainer Commitments
The Services are provided under consulting retainers with specified commitments as detailed in the applicable Retainer Agreement. Your obligations regarding payment and deliverables are governed by the Retainer Agreement.
4.2. Fees and Taxes
You agree to pay all fees as outlined in your Retainer Agreement. Fees are exclusive of taxes, and you are responsible for all applicable taxes, duties, and charges.
4.3. Late Payments
Failure to pay fees when due may result in suspension of Services and the accrual of late fees, as specified in the Retainer Agreement.
5. Intellectual Property Rights
5.1. Ownership
All intellectual property rights in the Services, including proprietary algorithms, dashboards, and data models, are owned by OpLevel or its licensors. You are granted a limited, non-exclusive, revocable license to use the Services as outlined in your Retainer Agreement.
5.2. Restrictions
You may not copy, modify, distribute, or create derivative works based on the Services without prior written consent from OpLevel.
6. Confidentiality and Data Usage
6.1. Customer Data
You represent that you have the necessary rights to provide any data shared with OpLevel ("Customer Data"). You grant OpLevel a limited license to use, store, and process such data solely to provide the Services.
6.2. Data Privacy
Our use of Customer Data is governed by our Privacy Policy. You are responsible for ensuring the legality of Customer Data shared with OpLevel.
7. Termination
7.1. Termination by You
You may terminate your Retainer Agreement or account with written notice as specified in your Retainer Agreement. Fees for unused services are non-refundable unless explicitly stated otherwise.
7.2. Termination by OpLevel
OpLevel may terminate your access to the Services if you violate these Terms of Use or applicable laws. Upon termination, you must cease using the Services, and OpLevel reserves the right to delete your account and associated data.
8. Disclaimer of Warranties
The Services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. OpLevel disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, OpLevel will not be liable for indirect, incidental, or consequential damages, including loss of profits, even if advised of the possibility of such damages. OpLevel’s total liability will not exceed the fees paid by you under the applicable Retainer Agreement in the 12 months preceding the claim.
10. Dispute Resolution
Any disputes arising out of these Terms of Use or the Services will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. All disputes will be resolved individually and not as part of a class action.
11. Governing Law
These Terms of Use are governed by the laws of the State of New York, without regard to its conflict of law principles.
12. Contact Information
If you have any questions about these Terms of Use, please contact us at:
- Email: legal@oplevel.ai
- Mailing Address: OPLEVEL AI LLC, 169 Madison Ave , STE 15036 New York New York 10016 United States
This version supersedes all prior Terms of Use.