Contributor Terms of Service for All upLVL™ Services

Last Updated: February, 2025

Welcome to upLVL Services, provided by upLVL, Inc., which includes any service hosted by upLVL. Before using our services, please carefully read and understand the following Terms of Service. By accessing or using upLVL Services, you agree to be bound by these terms and conditions.

1. Use of upLVL Services:

upLVL Services are intended for individuals who are 21 years of age or older. By using our services, you confirm that you meet this age requirement. You agree to use upLVL Services for lawful and legitimate purposes only.

2. Account Registration:

To access certain features of upLVL Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials, and you agree not to share them with others. Any activities conducted through your account will be your responsibility.

3. Prohibited Activities:

When using upLVL Services, you must not engage in any activities that violate any applicable laws, regulations, or these Terms of Service. upLVL, Inc. reserves the right to determine, at its own discretion, whether any activity is deemed a Prohibited Activity. Prohibited Activities may include but are not limited to:

  • Attempting to gain unauthorized access to other users' accounts or any part of our system.
  • Interfering with or disrupting the operation of upLVL Services or its associated servers and networks.
  • Uploading, transmitting, or distributing any content that is harmful, offensive, or violates intellectual property rights.
  • Impersonating another person or misrepresenting your affiliation with a person or entity.

4. Intellectual Property:

All content, features, and functionality provided by upLVL Services, including but not limited to text, graphics, logos, images, software, software configurations, and any information or other outputs generated via artificial intelligence-based tools made available to you via upLVL Services are the intellectual property of upLVL, Inc. and are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, reverse engineer, or otherwise use any part of upLVL Services without our prior written consent.

5. Privacy:

Our privacy practices are outlined in the upLVL Privacy Policy. By using our services, you consent to the collection, use, and sharing of your information as described in that policy.

6. No Warranty:

upLVL Services are provided on an "as-is" and "as available" basis. upLVL, Inc. does not make any warranties or representations regarding the availability, accuracy, completeness, or reliability of the service. We disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Printing and Shipping Policy Passthrough; Digital Goods:

upLVL may partner with third parties to create and ship most physical goods offered for sale and as rewards for various levels of participation in upLVL. Our policies related to such products and related shipping can be found below in our Terms Applicable to Purchases of Physical and Digital Goods via the upLVL Store. You agree to be bound and limited by such terms as they currently exist and as they may change from time to time.

8. Limitation of Liability:

To the extent permitted by law, upLVL, Inc. shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use upLVL Services, even if we have been advised of the possibility of such damages.

9. Indemnification:

You agree to indemnify and hold upLVL, Inc., its affiliates, officers, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of upLVL Services or any violation of these Terms of Service. In addition to the foregoing, you specifically understand that you are responsible for verifying that the use of any materials generated and used via artificial intelligence-based tools (e.g., text, images) do not violate the intellectual property rights of any third parties and that any such third party claims are included in your indemnification obligations described herein.

10. Modifications to the Service:

upLVL, Inc. reserves the right to modify, suspend, or discontinue any aspect of upLVL Services at any time, without prior notice or liability.

11. Changes to the Terms of Service:

We may update these Terms of Service from time to time. Any changes will be posted on the upLVL website, and your continued use of the service after the changes take effect constitutes your acceptance of the revised terms.

12. Termination:

upLVL, Inc. may terminate or suspend your access to upLVL Services at any time, with or without cause and without prior notice.

13. Governing Law and Jurisdiction:

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Multnomah County, Oregon.

Disclaimer regarding the Legal Status of Cannabis in the United States:

upLVL Services may provide information and educational content related to cannabis. However, it is essential to understand that the legal status of cannabis varies by jurisdiction and is subject to federal, state, and local laws in the United States.

The information provided on upLVL Services is for general informational purposes only and should not be construed as legal advice. Users are solely responsible for complying with all applicable laws and regulations related to cannabis use and consumption in their respective locations.

upLVL, Inc. disclaims any liability for actions taken by users based on the information provided on upLVL Services. It is your responsibility to stay informed about the legal status of cannabis in your area and act in accordance with the law.

Terms Applicable to upLVL Contributor Subscriptions

In addition to the terms set forth above, if you are provided access to subscription-based services via upLVL, the following terms will also apply.

1. Platform Access and Subscription

  • You may be provided with access to the upLVL EaaS platform, including features for training, communication, rewards, and AI-powered services.
  • Payments related to accessing your subscription will be billed on a monthly basis at the agreed-upon fee, which is based on the services selected by you.
  • Subscription fees are non-refundable, and payment is due at the beginning of each billing cycle.
  • If you fail to make timely payments your platform access may be terminated at any point by upLVL.

2. Intellectual Property (IP)

  • upLVL Platform Content and Structure: upLVL retains ownership of all IP related to the platform, including its software, user interface, and overall structure. You are only granted a limited, non-exclusive, non-transferable license to use the platform during the term of your subscription. This includes any training content, communication tools, AI services, and rewards mechanisms built into the platform.
  • Subscriber-Created Content: Any content that you create, upload to the platform or generate or modify with the assistance of artificial intelligence tools made available to you as part of the platform, including training materials, courses, or communications, remains your property. However, you also grant upLVL a license to use your content within the platform as required to fulfill the services that upLVL provides through the platform. You also grant upLVL a license to use your content, including modified versions thereof, for other purposes, including but not limited to promotion, training, demonstrations to prospective customers, and internal analysis.
  • upLVL-Created Content: If upLVL provides content creation services, such as creating custom courses or communication materials, upLVL retains the intellectual property rights to these materials except in the case where you provide the original materials for creation. In such cases, you will retain ownership of the intellectual property for the materials you have supplied.
  • Course Structure: The overall structure, organization, and design of the course system within the upLVL platform remain the proprietary property of upLVL. You may use this structure only as part of your active subscription and may never claim any form of ownership over it.

3. Cancellation and Termination

  • You may cancel your subscription at any time via your account settings or by contacting upLVL support. No refunds will be issued for any portion of the billing cycle that remains unused after cancellation. You will be able to access your account through the end of any pre-paid term of your subscription.
  • upLVL reserves the right to suspend or terminate access to the platform if you fail to comply with this agreement or violate any of upLVL’s policies. In such case, no refunds will be issued for any portion of the billing cycle that remains unused after termination. Upon termination, you will immediately lose access to the platform, including all data and content stored within your account, unless we explicitly agree otherwise in writing.

4. Updates and Modifications

  • upLVL reserves the right to modify the platform and terms related to usage thereof at any time and without notice, including adding or removing features in its sole discretion. upLVL will notify you of any material changes to the platform or subscription terms.
  • Continued use of the platform following any updates or changes constitutes acceptance of the modified terms.

5. Use of Data

  • You agree to allow upLVL to collect, store, and analyze data related to platform usage, including performance metrics, in accordance with upLVL’s Privacy Policy, above
  • Any personally identifiable information collected from you will be handled with care and in compliance with applicable data protection laws.

6. Disclaimer of Warranties

  • The upLVL EaaS platform is provided "as is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • upLVL does not guarantee uninterrupted or error-free access to the platform and will not be held liable for any downtime or service interruptions.

7. Limitation of Liability

  • upLVL’s liability under this agreement is limited to the amount the Subscriber has paid in subscription fees during the 12 months preceding any claim.
  • In no event will upLVL be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the platform.

I Agree to the Terms and Conditions

By clicking sign up for upLVL services, you confirm that you have read and agree to upLVL’s privacy terms, general terms of service, terms specific to the use of upLVL’s EaaS platform, and terms specific to purchases made through upLVL’s store.