Level48 Terms and Conditions

Level48 Terms and Conditions

Last updated: June 3, 2017

 

All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.

 

Introduction

The Divi2go web and mobile applications provide a mechanism for automatically tracking, generating and populating expense events. The Application Suite is provided by Level48 Solutions Inc. (“Level48”, “us”, “we”, or “our”) who operates http://www.divi2go.com, http://www.level48.com (the “Site”), https://divi2go.level48.com (the “Web Application”) and Divi2go iOS and Android mobile platforms (the “Platforms”) collectively known as the “Application Suite”. Reference to “user”, “you” and “your” refers to individual users and corporate entities, with multiple users, using the Application Suite.

So that we may safely and responsibly manage the Application Suite for all our users, your use of the Application Suite is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth at www.level48.com/privacy, apply to your use of the Application Suite and functionality provided through the Application Suite.

BY REGISTERING, ACCESSING AND USING THE APPLICATION SUITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY.

If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Application Suite. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Application Suite.

 

License

License Grant and Restrictions. Subject to the terms, conditions, and restrictions of this Agreement, Level48 hereby grants to you a license, without rights to sublicense except as explicitly otherwise stated in this Agreement or specific license agreements with Level48, to access and use the Application Suite contracted for herewith.

 

Use of the Application Suite

The Application Suite passively tracks and uses your location, activity (walking, driving, etc.), and usage history in order to automatically generate and populate expense events on your behalf. This information is collectively referred to as the “Content”. The user’s Content obtained on behalf of each user is owned by that user and only visible by that user until such time as the expenses are added to a report and submitted for review/approval. At that point, the expense information included in the report will also be accessible and owned by the organization.

When you use the Application Suite, you agree that we may collect and use the Content in connection with your use of the Application Suite including, but not limited to: contact information and technical information about your device and system. The use of the Content above would be to facilitate the operations, software updates, product support and other services in relation to your use of the Application Suite.

As per our Privacy Policy, if you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain archived copies of your Content for a certain period. Level48 takes reasonable measures to protect your Content from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Various company, product, and service names displayed within the Application Suite may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Application Suite should not be construed as granting, or otherwise, any license or right to use any Third-Party Trademark displayed on this Application Suite. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or Services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Application Suite may include access to links to, and content and data from, third-party websites or services (“External Application Suite”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Application Suite. The content of such External Application Suite is developed and provided by others. In addition, the Application Suite permits access to content posted, stored, or displayed at the direction of users of the Application Suite, for which we cannot accept any responsibility or liability.

By using the Application Suite, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

Your use of the Application Suite is subject, in our sole discretion, to termination at any time.

 

User Responsibilities

You are solely responsible for all Content you upload to or use with the Application Suite. You are also solely responsible for your conduct and the conduct of anyone using your account.

The Content you upload to or use with the Application Suite must comply with the User Responsibilities below. Enforcement of these responsibilities is solely at Level48’s discretion, and failure to enforce these responsibilities in some instances does not constitute a waiver of our right to enforce these responsibilities in other instances.

You agree not to create, upload to, transmit, distribute, store within the Application Suite any of the following:

  • Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, provincial, national or international law;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party, or defame any party;
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to interfere with any functionality within the Application Suite; or

You agree that you are solely responsible for your conduct with respect to the Application Suite, and you agree that you will not do any of the following in connection with the Application Suite:

  • Use the Application Suite for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Use;
  • With respect to any Application Suite software, you shall not copy, replicate, duplicate, decompile, disassemble, reverse engineer, modify or create any derivative product from the software;
  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Application Suite; and
  • Infringe upon or violate the rights of Level48.

The above provisions do not limit the application of Sections 10 or 11 of the Quebec Consumer Protection Act, if such legislation otherwise applies.

 

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Application Suite.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE APPLICATION SUITE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE APPLICATION SUITE AND THE CONTENT AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE APPLICATION SUITE WILL BE AVAILABLE ERROR FREE OR THAT THE APPLICATION SUITE OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE APPLICATION SUITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE APPLICATION SUITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION SUITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of law provisions.  You expressly agree to submit to the exclusive personal jurisdiction of the Province of British Columbia.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Agreement Termination

You may terminate this Agreement at any time by canceling your subscription through your accounts settings page or by contacting support@level48.com. There are no refunds for any fees paid.

YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT NOR FOR ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT.

We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these Terms of Use agreement, and with or without notice.  We shall have no liability to you or any third party because of such termination or action.

Application Suite Fees

Monthly Subscription Fees

If, after your free 30-day trial period, you opt to sign up for the Application Suite monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”).  You will be required to submit payment monthly in advance for access to the Application Suite.  Access to the Application Suite will be disabled until payment is received.  Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the Application Suite as long as you have not terminated this agreement.

Annual Subscription Fees

If you opt to sign up for the Application Suite annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”).  You will be required to submit payment annually in advance for access to the Application Suite.  Access to the Application Suite will be disabled until payment is received.  Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the Application Suite as long as you have not terminated this agreement.

Fee Schedule and Discounts

You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts.  The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion.  We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.

Your Fee Schedule is located in the Subscriptions tab in the account settings under “billing dates”.  The Fee Schedule displays the estimated next billing date and amount.

Payment

Payment for the Application Suite will be made by a valid credit card or Paypal® accounts accepted by us.  Fees are payable in U.S. dollars.  You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated.  If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received.  Amounts paid for the Application Suite, including prepayments, are not refundable.