Terms and Conditions

LevelTen Intelligence (“Intelligence”) and api.getlevelten.com are owned and operated by LevelTen Ventures ("LevelTen", "we", or "us"). This web page describes the terms and conditions governing your ("you", "You", "Your") use of the Free (“Free API”) or Professional (“Pro API”) LevelTen Intelligence API ("LevelTen API Services", “Services”), the LevelTen Intelligence Libraries (“Libraries”) and this website. These are collectively known as LevelTen Intelligence Platform (“Platform”). By accessing this website or any LevelTen API Services, you signify that you have read, understood, and agree to be bound by these terms ("Terms of Use"). These Terms of Use represent a legal agreement between you and LevelTen Ventures.

1. License

LevelTen grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the LevelTen Intelligence Platform for personal or business purposes.

YOU MAY NOT ACCESS THE LEVELTEN INTELLIGENCE PLATFORM IF YOU ARE A COMPETITOR, EXCEPT WITH PRIOR WRITTEN CONSENT FROM LEVELTEN. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES

2. Attribution

When using LevelTen Intelligence Platform, or content generated via the service, for any purpose, you agree to:

Maintain all LevelTen Intelligence attribution generated by the Platform including logos and links;

Provide attribution to LevelTen Intelligence within any published works that include or reference reports and data based on LevelTen Intelligence, including but not limited to research papers and journal articles.

3. Modifications

We may from time to time modify these terms of use and will post a copy of the amended Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the LevelTen Intelligence Platform, or, if applicable, cancel your LevelTen API Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the LevelTen API Services after any amendments are posted on the Site.

4. Restrictions

You agree that you will not:

access or reverse engineer the Platform in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Platform, or (iii) copy any ideas, features, or functions of the Platform;

publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from LevelTen;

utilize the information provided by the LevelTen Intelligence Platform to create or assist others in creating software or services similar to LevelTen Intelligence;

make the LevelTen API Services available over a network (other than LevelTen's network) where it could be used by others;

translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the LevelTen Intelligence Platform, features or ideas from the Platform, or any portion of them;

circumvent any technology used by LevelTen Intelligence or its licensors to protect information accessible via LevelTen API Services;

sell, rent, lease, transfer, or sublicense any of the LevelTen Intelligence Platform;

utilize or enable a third party to utilize LevelTen API Services via any means that bypasses this agreement or the LevelTen Intelligence registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;

distribute, facilitate, or enable access to the LevelTen Intelligence Platform in any manner deemed by LevelTen in its sole discretion to be objectionable or harmful to the business or reputation of LevelTen Intelligence;

use the LevelTen API Services in conjunction with deep packet inspection and/or any form of network surveillance technology;

use the LevelTen Intelligence Platform in any way that violates the terms of this Agreement

5. Copyrights

As between you and LevelTen, you acknowledge that LevelTen owns or has a license to all title and copyrights in and to the LevelTen Intelligence Platform. All title and intellectual property rights in and to the content available through the Platform is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

6. API Key

LevelTen will provide you with an API Access Key that will enable you to access the LevelTen API Services. Your use of this API Access Key is governed by the terms of this agreement. Your API Access Key should be considered private information and should not be provided to any person. Failure to abide by these terms may result in the termination of your access to LevelTen API Services.

7. Limited Relationship

You and LevelTen are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the LevelTen Intelligence Platform, you agree not make any other public statements that assert or imply any other relationship with LevelTen, unless you have LevelTen's prior written approval.

8. Privacy Policy

Unless otherwise addressed in this Agreement, the LevelTen API Services are subject to LevelTen's Privacy Policy, that can be found at ??? and that by reference is made a part of this Agreement. It is important that you read and understand the terms of LevelTen's Privacy Policy. LevelTen may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the LevelTen Intelligence Platform.

9. Indemnification

You agree to hold harmless and indemnify LevelTen, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the LevelTen Intelligence Platform, use of LevelTen’s Brand & Links other than as set forth in the LevelTen Intelligence Attribution Requirements, violation of these Terms of Use or other actions connected with use of the LevelTen Intelligence Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LevelTen will provide you with written notice of such claim, suit or action.

10. Warranties

THIS SITE, THE MATERIALS, DATA, SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

11. Liability Limitations

IN NO EVENT SHALL LEVELTEN, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE LEVELTEN API SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Termination

LevelTen has the right (though not the obligation) to, in LevelTen's sole discretion:

(a) refuse to provide the LevelTen Intelligence Platform to you, if it in LevelTen's reasonable opinion violates this agreement or is in any way harmful or objectionable, or;

(b) immediately terminate or deny access to and use of the LevelTen API Services and other Platform components to any individual or entity for any reason, at LevelTen's sole discretion.

13. Liability Limitations

During and after the term of the Agreement, with respect to any of the LevelTen Intelligence Platform that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

14. Force Majeure

LevelTen shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond LevelTen's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. Governing Law

By using the Services, you agree that the laws of the State of Texas, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.