Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Level Up Lifts ("Company," "we," "us," or "our") regarding your use of our platform, services, and applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

Level Up Lifts provides a comprehensive AI-powered platform for crane and rigging companies, including but not limited to:

• AI-powered lift planning and optimization
• Fleet and inventory management
• Intelligent bidding and quote generation
• Project management and tracking
• Analytics and reporting tools
• Customer relationship management

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using the Services, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account

3.3 Multi-Tenancy

Each organization using our Services operates as a separate tenant. Users may belong to multiple tenants, but data and operations are isolated between tenants for security and privacy.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

4.2 Prohibited Activities

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use the Services for competitive analysis or benchmarking
• Reverse engineer, decompile, or disassemble our software
• Scrape, spider, or crawl our Services
• Resell, sublicense, or transfer your account
• Transmit spam or unsolicited communications
• Impersonate others or provide false information

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and algorithms, are owned by Level Up Lifts and are protected by copyright, trademark, and other intellectual property laws.

5.2 Your Content

You retain ownership of all data, information, and content you upload to our Services ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process Your Content solely to provide the Services.

5.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property, and we may use them without compensation or attribution to you.

6. Subscription and Payment Terms

6.1 Subscription Plans

Our Services are offered on a subscription basis with various pricing tiers. Specific features and limitations are described in your selected plan.

6.2 Payment

You agree to:

• Pay all fees associated with your subscription
• Provide accurate billing information
• Authorize automatic recurring charges
• Pay applicable taxes

6.3 Billing Cycle

Subscriptions are billed monthly or annually based on your selection. Charges will be automatically processed at the beginning of each billing cycle.

6.4 Price Changes

We reserve the right to modify our pricing with at least 30 days' notice. Price changes will apply to subsequent billing cycles.

6.5 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial billing periods, except as required by law.

7. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement industry-standard security measures, but you acknowledge that no system is completely secure. You are responsible for maintaining the confidentiality of your account credentials.

8. AI-Powered Features

Our Services include AI-powered features for lift planning, bidding, and analytics. While we strive for accuracy, AI-generated recommendations are provided "as is" and should be reviewed by qualified professionals. You are solely responsible for:

• Verifying the accuracy and safety of AI-generated lift plans
• Ensuring compliance with industry regulations and standards
• Obtaining necessary permits and approvals
• Making final decisions about lift operations

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS, DATA LOSS, OR THIRD-PARTY ACTIONS

10. Indemnification

You agree to indemnify, defend, and hold harmless Level Up Lifts and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your Content or business operations

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Fail to pay fees
• Engage in fraudulent or illegal activities
• Pose a security or legal risk

11.3 Effect of Termination

Upon termination, your right to access the Services ceases immediately. We will retain your data for 90 days, after which it will be permanently deleted unless required for legal purposes.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal claim, you agree to contact us at legal@leveluplifts.co to attempt to resolve the dispute informally.

12.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree that disputes will be resolved individually and waive any right to participate in class action lawsuits or class-wide arbitration.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Your continued use constitutes acceptance of the modified Terms.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.4 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Level Up Lifts regarding the Services.

13.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13.6 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14. Contact Information

If you have questions about these Terms, please contact us at: