Last Updated: Aug 27, 2026
This Terms of Use Agreement (this “Agreement”) is an agreement between you and Levels Fyi Inc. (“Levels.fyi,” “we,” “us” or “our”). This Agreement applies to the levels.fyi website and any other websites of Levels.fyi (the “Website”), the Levels.fyi mobile and web-based application (the “Application”), including any software, tools or other features used to make them available (collectively, and together with the Website and Application, the “Services”). References in this Agreement to the “Privacy Policy” mean Levels.fyi’s privacy policy as posted on the Website from time to time. This Agreement applies to all users of the Services (“Users”), whether or not registered.
BY CLICKING ON THE “I ACCEPT”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“YOU” MEANS THE INDIVIDUAL OR LEGAL ENTITY USING THE SERVICES, WHETHER A CONSUMER USER OR AN ENTERPRISE USER (AS DEFINED BELOW). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
PLEASE READ SECTION 19 CAREFULLY. SECTION 19 CONTAINS AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND LEVELS.FYI BE RESOLVED BY BINDING AND FINAL ARBITRATION, AND A CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 19(j), YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION, AND MAY PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Levels.fyi may modify this Agreement at any time by posting an updated version on the Services. If Levels.fyi believes a change materially reduces your rights or increases your responsibilities, Levels.fyi will notify you before the change takes effect by email to the address associated with your Account (as defined below) and/or by posting a notice on the Services. Levels.fyi may give notice of other changes but need not do so, and need not give prior notice where a change is required by applicable law to take effect immediately or relates to a newly launched Service or feature. Levels.fyi may also require you to accept the updated Agreement in a specified manner before further use of the Services is permitted. Your continued use of the Services after a change takes effect constitutes your acceptance of the updated Agreement. Changes to the Arbitration Agreement are governed by Section 19(l).
(a) The Services. Levels.fyi helps people understand what jobs pay and helps Employers (as defined below) make competitive offers. Users submit compensation data, compare pay, browse job listings, post in the community forums (see Section 6), create a candidate profile so Employers can find them through the talent pool (the “Talent Pool”) described in Sections 1(b) and 1(c), and purchase the Coaching Services and other Paid Services described in Section 9; Employers subscribe to compensation benchmarks, license compensation data and source candidates (see Section 9). Levels.fyi offers a variety of Services that may change from time to time in Levels.fyi’s sole discretion, and the descriptions in this Agreement are illustrative rather than a commitment to offer, or to continue to offer, any particular feature. The compensation and related data available on the Services are provided, in part, by other Users. Certain features require you to become a Registered User (as defined below). The Services may display sponsored or promoted content, including job listings and employer placements, which Levels.fyi identifies as sponsored or promoted where required by law.
(b) Candidate Profiles. If your candidate profile is available to Employers through the Talent Pool, whether because you elected to make it available or because of a default setting described in Section 5(c), you grant Levels.fyi the right to share your profile (including your resume, the profile information you provide and your contact information) with Employers and their recruiters, and to transfer it to, and create candidate or application records in, an Employer’s recruiting systems when the Employer contacts you through the Services. Your candidate profile and resume are Your Content (Section 5(a)), not User Data (as defined below), and this Section 1(b) governs their sharing. Your answers to Levels.fyi’s demographic questions are not included in the shared profile; your resume and other materials are shared as submitted. Levels.fyi may take steps to limit your profile’s visibility to your current employer but does not warrant that your current employer or its agents will not see it. You may withdraw your profile at any time as described on the Services. Withdrawal applies to future searches and outreach; it does not recall information already provided to an Employer, and Employers that previously saved or contacted you may retain access for a period. Levels.fyi does not guarantee any outreach, interview or offer.
(c) Employer Use of the Talent Pool. Employers and their recruiters may use candidate information solely to evaluate and contact candidates for opportunities with the Employer or with a client the Employer identifies to the candidate. Each Employer shall: (a) initiate contact with a candidate only through the Services, and communicate by other means (including through its recruiting systems under Section 1(b)) only for the same opportunity or after the candidate accepts its outreach or otherwise agrees; (b) keep candidate information confidential; (c) not disclose a candidate’s profile or job-search status to the candidate’s current employer; (d) not sell, license, scrape, bulk-export or redistribute candidate information, use it to build or augment any database, or use it to train any artificial intelligence or machine learning model, in each case except through features that Levels.fyi makes available for the Employer’s internal recruiting use and subject to Sections 1(d) and 2(b); (e) comply with applicable employment, anti-discrimination, privacy and pay-transparency laws, and be responsible for the accuracy and lawfulness of the information it provides for display to candidates; and (f) be responsible for all access under its Account or credentials. An Employer that provides candidate information to Levels.fyi, including through an integration, represents that it has given all notices and obtained all consents required for Levels.fyi to process that information, which Levels.fyi processes solely to provide the Services to that Employer, subject to the Privacy Policy. Levels.fyi may suspend or revoke Talent Pool access at any time, with or without notice, for any reason.
(d) Levels Technology. The software, all Levels.fyi provided data, workflow processes, user interface, designs and other technologies and data provided to User by Levels.fyi, including the Services and Salary Data (as defined below), are the proprietary property of Levels.fyi and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Levels.fyi (or its licensors as the case may be). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Services or Salary Data. Any access to or use of Salary Data through an export, programmatic interface or similar feature requires a written agreement signed by you and Levels.fyi (including by electronic signature) and is limited to the use that agreement permits; Levels.fyi may modify or withdraw any such feature at any time.
(e) Salary Data Provided by Levels.fyi. Levels.fyi may provide you with data and information regarding compensation, job levels, benefits, employers, job listings and related topics, including individual compensation data points made available without the submitter’s name or contact information, estimates, aggregates, percentiles, reports and other derived information (collectively, “Salary Data”). Salary Data is given for informational purposes only and without warranty or indemnity of any kind and is subject to change or varying levels of accuracy. Salary Data is based in part upon submissions by third parties. Levels.fyi may, but is not obligated to, review or verify any submission, and does not warrant that any submission or Salary Data is accurate, complete or current. Where Levels.fyi identifies a submission as verified, such identification means only that Levels.fyi reviewed supporting documentation for some or all of the submission and is not a representation or warranty of accuracy. Salary Data figures are made available to Users for the purpose of generalized comparison only and may be rounded, aggregated or otherwise adjusted. LEVELS.FYI ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ALL LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF THE SALARY DATA OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
(f) User Data. All data, documents and information regarding a User’s compensation, employment or offer that a User uploads or otherwise submits to the Services (including compensation details, supporting documents and any demographic, educational or free-text information provided with a submission) (“User Data”) will, as between User and Levels.fyi, remain the property of User. User represents and warrants to Levels.fyi that (i) it has full power and authority to enter into the Agreement and to convey all rights granted to Levels.fyi under the Agreement, including all rights in and to the User Data, and (ii) User Data either does not contain, or has been redacted to remove, Prohibited Data (as defined below). User grants Levels.fyi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable right to use, modify, create derivative works of, and anonymize and aggregate User Data to provide and improve the Services and develop new products and services; the resulting aggregated and anonymized compensation analysis and information, and any compensation information contained in or derived from a submission that Levels.fyi displays, licenses or otherwise makes available without the User’s name or contact information, is Salary Data, owned by Levels.fyi, and is not User Data. Levels.fyi determines in its sole discretion how submissions are anonymized, aggregated and displayed, including any options offered under Section 5(c), and may change these determinations at any time. Levels.fyi does not publish the User’s name or email address with a submission (candidate profiles are governed by Section 1(b)); Levels.fyi cannot guarantee that a submission is anonymous: free-text fields may be displayed as submitted, and details such as company, job title, level and location, particularly in combination, may allow a submission to be attributed to you or to a small group of people, so do not include identifying details in a submission. By making a submission, you choose to make public the information that Levels.fyi displays with it, and you intend that information to be available to others as described in this Section 1(f). Levels.fyi may display, license and otherwise make available the compensation information in a submission, without the User’s name or contact information, and may use service providers to process User Data, in each case subject to this Agreement and the Privacy Policy. No compensation is due or payable to you in connection with Levels.fyi’s exercise of these rights, and you waive any right to such compensation to the maximum extent permitted by applicable law.
(g) Application License. Subject to your compliance with the Agreement, Levels.fyi grants you a limited non-exclusive, non-transferable, non-sub-licensable, revocable license to download, install and use the Application on mobile devices and computers that you own or control, and to run the Application solely for your own personal or internal business purposes.
(h) Updates. You understand that the Services are evolving. Levels.fyi reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. As a result, Levels.fyi may require you to accept updates to Applications that you have installed on your computer or mobile device. You agree that the Application may download and install updates, including updated content and code, automatically and without additional notice or consent. You may need to update third-party software from time to time in order to use the Services.
(i) Levels.fyi Communications. By entering into this Agreement or using the Services, you agree to receive communications from us, including via email, push notifications and, if you provide a mobile telephone number, text messages. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account (as defined below) or the use of the Services, updates concerning new and existing features on the Services, interview requests and related messages that Levels.fyi sends on behalf of Employers in accordance with your notification preferences on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Levels.fyi and industry developments. By providing a mobile telephone number, you consent to automated text messages at that number in accordance with your then-current notification preferences, which may include text messages by default and which you may change at any time; Levels.fyi sends promotional text messages only with your separate agreement. Message frequency varies. Reply STOP or change your notification preferences to stop; wireless carriers are not liable for delayed or undelivered messages; for help, contact team@levels.fyi. You represent that you own or are authorized to use any number you provide and will notify Levels.fyi promptly if it changes. You may opt out of marketing emails by following the opt-out instructions in the email or by changing your notification preferences. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
(a) Prohibited Data. User agrees not to use the Services to store, transmit, process, or otherwise handle (a) infringing material, unsolicited marketing emails, libelous material, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights, and (b) social security numbers, passport numbers, driver’s license or other government identification numbers, physical or mental health information or other information subject to the Health Insurance Portability and Accountability Act or similar legislation, personal financial account information, debit or credit card numbers, or other information subject to the Gramm-Leach-Bliley Act or similar legislation, or any Special Categories of Data under applicable EEA data protection regulations (combined, “Prohibited Data”). You are solely responsible for reviewing any document before you upload it and for redacting all Prohibited Data from that document; Levels.fyi has no obligation to review, redact or remove Prohibited Data from any document or submission. User Data and Confidential Information expressly exclude Prohibited Data. LEVELS.FYI DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY PROHIBITED DATA UPLOADED OR OTHERWISE MADE AVAILABLE BY YOU THROUGH THE SERVICES.
(b) Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not, and shall not permit or assist any third party to, access, crawl, scrape, monitor, copy, extract or download any part of the Services or any data on the Services (whether or not you have an Account, and including publicly accessible pages) by any automated means, including robots, scrapers, headless browsers, extensions and artificial intelligence agents, or use any data obtained from the Services to train, fine-tune, evaluate or improve any artificial intelligence or machine learning model or to compile any dataset, except under a written agreement signed by you and Levels.fyi (including by electronic signature) that expressly permits such access or use; your access as a Registered User is personal to you and must be exercised manually through the interfaces Levels.fyi provides; and you shall not circumvent any rate limit, access control, robot exclusion or other technical measure, which Levels.fyi may use to detect, limit and block automated access. Levels.fyi may permit specified automated access to the Services, including indexing by search engines, by technical directive, published policy or otherwise; any such permission is revocable at Levels.fyi’s discretion, extends only to the access it identifies, and is not a license, a waiver of this subsection, or a grant of any right in the Services, Salary Data or any Content; (d) You shall not access the Services in order to build a similar or competitive website, application or service; (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services.
Any future release, update or other addition to the Services shall be subject to the Agreement. Levels.fyi, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services terminates the licenses granted by Levels.fyi pursuant to the Agreement.
(c) Compensation Decisions and Competition Laws. You shall not use the Services or any Salary Data to fix, stabilize, coordinate or reach any understanding regarding wages, salaries, equity, benefits or other terms of compensation with any actual or potential competitor for labor, to allocate employees or labor markets, or to enter into or further any agreement not to solicit, recruit or hire another person’s employees. Each Employer is solely responsible for its own compliance with applicable competition and antitrust laws in connection with its access to and use of the Services and Salary Data, including any compensation decision it makes that is informed by Salary Data. Salary Data is derived from information that individuals submit about their own compensation and from sources Levels.fyi obtains independently of Employers. Levels.fyi does not collect compensation information from Employers, does not act as agent for any Employer in collecting or disseminating compensation information, and does not administer any information exchange among Employers. This Section 2(c) applies notwithstanding Section 20(l).
(a) Registering Your Account. In order to access certain features of the Services you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website or Application (“Account”). You may not impersonate anyone, create or use an Account for anyone other than yourself, provide an email address other than your own, or create more than one Account.
(i) A “Consumer Account” is a user Account for a consumer to use and access the Services and Salary Data for his or her own non-commercial personal use. In creating a Consumer Account, we ask that you provide complete and accurate information about yourself, and maintain and promptly update such information to keep it true, accurate, current and complete. A user who registers for a Consumer Account is a “Consumer User”.
(ii) An “Enterprise Account” is an Account that is used on behalf of an employer, recruiter, staffing agency or other organization to access the Services, Salary Data or any paid services for its internal business purposes (each, an “Employer”). An Account may be treated as an Enterprise Account with respect to such use even if it is also used for personal purposes. If you use an Enterprise Account, you represent that you are authorized to act on behalf of the Employer and agree to (i) provide complete and accurate information about yourself and the Employer, (ii) verify an email address associated with the Employer when requested by Levels.fyi, and (iii) maintain and promptly update such information to keep it true, accurate, current and complete. A user who uses an Enterprise Account is an “Enterprise User”.
(b) Registration Data. You represent that you are (1) at least 16 years of age and, if you are under the age of majority in your jurisdiction, that your parent or legal guardian has agreed to this Agreement on your behalf; and (2) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account; provided that Employers are responsible for those activities occurring under Enterprise Accounts. You may not share your Account or password with anyone, and you agree to (i) notify Levels.fyi immediately of any unauthorized use of your password or any other breach of security; and (ii) keep your login credentials secure and sign out of your Account when you use a shared or public device. If you provide information that is untrue, inaccurate, not current or incomplete, or Levels.fyi reasonably suspects that you have, Levels.fyi may suspend or terminate your Account and refuse any current or future use of the Services. You agree not to create an Account or use the Services if Levels.fyi has previously removed or banned you from any of the Services. The Services are not directed to children, and Levels.fyi does not knowingly permit any person under 16 years of age to register an Account or submit Content.
(c) Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including a mobile device that is suitable to connect with and use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
(a) Trademarks. “Levels.fyi”, and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the trademarks of Levels.fyi (the “Levels Marks”). Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Levels Marks displayed on the Services without our prior written permission in each instance. All goodwill generated from the use of Levels Marks will inure to our exclusive benefit.
(b) Other Content. Except with respect to User Content (as defined below) and User Data, you agree that you have no right or title in or to any content or other data that appears on or in the Services.
(c) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Levels.fyi through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Levels.fyi has no obligations (including obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant Levels.fyi a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable license to use, reproduce, modify, create derivative works of, distribute, display and otherwise commercially or non-commercially exploit any Feedback in any manner, in connection with the operation and maintenance of the Services and Levels.fyi’s business.
(a) Types of Content. You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials facilitated through the Services, including User Data (collectively, “Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Levels.fyi, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Registered Users of the Services, and not Levels.fyi, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”). For avoidance of doubt, User Content does not include User Data. Levels.fyi and its personnel may also Make Available Content on the Services, including through accounts that Levels.fyi operates; such Content is not User Content. You retain ownership of Your Content. By Making Available any of Your Content on or through the Services, you grant Levels.fyi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable license to host, store, use, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform and distribute Your Content in connection with operating, providing, promoting and improving the Services and Levels.fyi’s business, and you waive any moral rights in Your Content to the extent permitted by applicable law. You represent and warrant that you have all rights necessary to grant this license and that Your Content does not infringe or violate the rights of any third party.
(b) No Obligation to Pre-Screen Content. You acknowledge that Levels.fyi has no obligation to pre-screen Content (including User Content), although Levels.fyi reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. Without limitation of any non-waivable privacy rights that you may have under applicable law, you acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including chat, text, video conference or voice communications. Levels.fyi may use automated tools, including AI Technology (as defined in Section 12(c)), to review, classify, remove or restrict Content, and is not obligated to provide notice of, or an opportunity to contest, any such action, except as required by applicable law. In the event that Levels.fyi pre-screens, refuses or removes any Content, you acknowledge that Levels.fyi will do so for Levels.fyi’s benefit, not yours.
(c) Storage. Unless expressly agreed to by Levels.fyi in writing elsewhere, Levels.fyi has no obligation to store any of Your Content that you Make Available on the Services. Except for Levels.fyi’s obligations under applicable privacy laws and commitment to handle your personal information as described in Levels.fyi’s Privacy Policy, Levels.fyi has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain functions of the Services may enable you to specify settings that control access to Your Content or User Data or how the Services communicate with you, which may include, for example, the visibility of your candidate profile, the level of detail displayed with a submission and your notification preferences. You are solely responsible for reviewing and applying the appropriate settings. If you do not choose, the Services may apply a default setting, which may be the most permissive setting. You agree that Levels.fyi retains the right to create reasonable limits on Levels.fyi’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Levels.fyi in its sole discretion.
(d) USER CONDUCT. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not, and shall not permit any third party to, take any action that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, privacy or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Levels.fyi’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Levels.fyi; (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (vii) to attempt or engage in, any potentially harmful acts that are directed against the Services, including violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services.
(a) Public and Community Forums. Certain areas of the Website and Application are public-facing and allow Consumer Users to interact with other Consumer Users (the “Public Forum”) or Enterprise Users to interact with other Enterprise Users and/or Consumer Users (the “Community Forum”, and together with, Public Forum, the “Forums”). Communications between Employers and candidates through the Talent Pool are not Forums and are governed by Sections 1(b) and 1(c). The Forums may permit you to submit User Content. To request removal of your information from a Forum, contact us at team@levels.fyi. You may be able to edit or delete your posts as described on the Services; Levels.fyi may be unable to remove information that persists in caches, backups, logs or copies made by others. You agree that you are solely responsible for all of your submitted User Content on the Forums (“Submissions”) and that any such Submissions are considered non-confidential and are licensed to Levels.fyi as set forth in Section 5(a). Submissions may be viewed by other users and, in public-facing Forums, by anyone, including search engines and automated agents; they may be displayed with attributes of your profile, such as job title, employer or school, and are not anonymous to Levels.fyi. We are not obligated to publish any information or content on our Forums and can remove information or content at our sole discretion, with or without notice.
(b) Content Provided by Other Users. The Services may contain User Content provided by other Users. Levels.fyi is not responsible for and does not control User Content. Levels.fyi has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Users at your own risk.
Levels.fyi may, but is not obligated to, monitor or review the Services at any time, and may use automated and manual means to monitor use of the Services and to detect fraud, abuse or violations of the Agreement.
(a) Third Party Service Provider. Levels.fyi uses third-party service providers, including Stripe, Inc. and its affiliates, for payment and related services in connection with the Services (e.g., card acceptance, installment payment options, invoicing, scheduling and merchant settlement) (each, a “Third Party Service Provider”). By purchasing Paid Services (as defined below), you agree to be bound by the applicable Third Party Service Provider’s terms and privacy policy, including Stripe’s Privacy Policy (currently accessible at https://stripe.com/privacy) and Terms of Service (currently accessible at https://stripe.com/legal/consumer), and hereby consent and authorize Levels.fyi and such Third Party Service Providers to share any information and payment instructions you provide with one or more Third Party Service Providers to the minimum extent required to complete your transactions.
(b) Third-Party Websites and Applications. The Services may contain links to third-party websites and applications (collectively, “Third-Party Services”), which are not under the control of Levels.fyi. Levels.fyi will not warn you when you leave the Services, and the Agreement and Levels.fyi’s policies do not govern your use of any Third-Party Service. Levels.fyi provides links to Third-Party Services only as a convenience, does not review, approve, monitor, endorse, warrant or make any representation with respect to any Third-Party Service or any product or service provided in connection with one, and is not responsible or liable for any Third-Party Service or its content, including any errors or omissions in that content or any loss or damage incurred as a result of using it. You use Third-Party Services at your own risk, must evaluate and bear all risks associated with their content, including any reliance on its accuracy, completeness or usefulness, and should review the applicable terms and policies, including privacy and data-gathering practices, before proceeding with any transaction with a third party.
(c) Job Listings. Job listings and similar information displayed on the Services may be sourced from third parties, may be accompanied by estimates prepared by Levels.fyi, and are not verified or endorsed by Levels.fyi; any application you submit is made to the Employer on the Employer’s terms.
(d) App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play Store (each, an “App Store”). You acknowledge that the Agreement is between you and Levels.fyi and not with the App Store. Levels.fyi, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any of the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
(a) Coaching Services for Consumer Users. Levels.fyi may offer, as part of the Services, the opportunity for Consumer Users to engage with coaches (“Coaches”) to discuss salary negotiation strategies, resume review, or career strategies online (“Coaching Services”). Coaches may be independent contractors engaged by Levels.fyi and are not employees of Levels.fyi. Each Coaching Service is subject to the additional terms for that service that Levels.fyi posts on the Website or otherwise makes available to you at the time of purchase (each, a “Services Agreement”), including the then-current Negotiation Service Agreement & Terms of Service, which are incorporated into this Agreement; in the event of a conflict between this Agreement and a Services Agreement with respect to a Coaching Service, the Services Agreement controls. Share with Coaches only information reasonably necessary for the Coaching Service; information you share with a Coach is handled in accordance with the applicable Services Agreement and the Privacy Policy. Information you provide in connection with a Coaching Service, including offer letters and compensation details, is User Data and is licensed to Levels.fyi under Section 1(f). Except as expressly set forth in the applicable Services Agreement, Levels.fyi is not responsible for the content of any discussion with a Coach, does not guarantee the quality, effectiveness or outcome of any advice, recommendations, or guidance you may receive from Coaches, and, to the maximum extent permitted by law, will have no liability arising from any discussion you have with a Coach.
(b) Salary and Industry Insights for Enterprise Users. Levels.fyi may offer Enterprise Users paid data products, which may include subscription access to benchmarking tools and dashboards (the “Subscription Service”), exports of compensation data points (the “Data Export Service”), reports and programmatic access. Current offerings and pricing are described on the Website (currently accessible at https://www.levels.fyi/offerings/data/) or in a separate written agreement or order form between the Employer and Levels.fyi. Levels.fyi reserves the right to change or remove the Subscription Service, the Data Export Service or any other offering at any time, in Levels.fyi’s sole discretion. The Subscription Service and the Data Export Service may include Salary Data, analytics or other figures, which Levels.fyi does not guarantee the accuracy of, and you are responsible for determining the suitability for your intended use or purpose. Renewal and cancellation of the Subscription Service and any other Subscription (as defined below) are governed by Section 10(b).
(c) Other Paid Services. Levels.fyi may offer other paid products and services from time to time, including products for Employers and for Consumer Users. Each is a Paid Service (as defined below) subject to this Agreement and to any additional terms presented at the time of purchase, which are incorporated into this Agreement and control in the event of a conflict.
(a) General. We currently charge fees for the use of certain Services as set forth in Section 9 herein (“Paid Services”). If you purchase Coaching Services, you agree and acknowledge that all fees are payable to Levels.fyi in advance unless otherwise stated in the applicable Services Agreement or agreed in writing by Levels.fyi, and that Levels.fyi is not obligated to provide any session for which payment has not been received. You agree to pay all fees and charges to your Account in accordance with the fees, charges and billing terms in effect when they become due and payable. You must provide Levels.fyi with a valid payment method accepted by Levels.fyi or its Third Party Service Provider, such as a credit or debit card or, where offered, an installment payment option (the issuer or provider of that payment method, your “Payment Provider”) as a condition to signing up for the Paid Services. Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing your payment information to Levels.fyi or its Third Party Service Provider, you agree that Levels.fyi is authorized to immediately invoice your Account for all fees and charges due and payable to Levels.fyi hereunder and that no additional notice or consent is required. You agree to immediately notify Levels.fyi of any change in your billing address or the payment method used for payment hereunder. Unless the applicable Services Agreement or purchase terms state otherwise, all fees are stated in United States dollars, are exclusive of taxes and are non-refundable except as required by applicable law. Levels.fyi reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you; provided that a price change for a Subscription (as defined below) takes effect at the beginning of the next subscription period after notice of the change.
(b) Automatic Renewal. If you purchase any Paid Service on a recurring basis (a “Subscription”), including the Subscription Service, you will be responsible for payment of the applicable subscription fee (the “Subscription Fee”). Your Subscription will continue until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period. You may cancel or change your Subscription at any time in the manner described on the Services or by contacting us at team@levels.fyi; cancellation takes effect at the end of the then-current subscription period. You will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. By subscribing, you authorize Levels.fyi to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Levels.fyi does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Levels.fyi may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You agree to indemnify and hold Levels.fyi, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Levels.fyi Party” and collectively, the “Levels.fyi Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of any of the following: (a) your use of, or inability to use, any of the Services; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations. Employers are also liable under this Section for Salary Data and User Data they provide, including any failure to give their Enterprise Users the necessary consents or notices. Levels.fyi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Levels.fyi in asserting any available defenses. This provision does not require you to indemnify any of the Levels.fyi Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Application or any Services provided hereunder.
(a) As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LEVELS.FYI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
(i) THE LEVELS.FYI PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE SALARY DATA OR OTHER RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
(ii) ANY SALARY DATA DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH DATA.
(iii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COACHES, LEVELS.FYI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(iv) FROM TIME TO TIME, LEVELS.FYI MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LEVELS.FYI’S SOLE DISCRETION.
(b) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LEVELS.FYI PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LEVELS.FYI PARTIES LIABLE, FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES, INCLUDING THE ACTIONS OF COACHES OR ANY OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
(c) Use of Artificial Intelligence. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES INCORPORATE ADVANCED TECHNOLOGIES, SUCH AS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING SYSTEMS AND SIMILAR TECHNOLOGY AND FEATURES (COLLECTIVELY, “AI TECHNOLOGY”), WHICH MAY BE PROVIDED BY OR USE THIRD-PARTY MODELS AND SERVICES. YOUR INPUTS, INCLUDING UPLOADED DOCUMENTS, MAY BE PROCESSED BY SUCH THIRD-PARTY PROVIDERS ON LEVELS.FYI’S BEHALF AS DESCRIBED IN THE PRIVACY POLICY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL USE DISCRETION AND INDEPENDENT JUDGMENT BEFORE RELYING ON, SHARING OR OTHERWISE USING THE OUTPUTS GENERATED BY AI TECHNOLOGY (“OUTPUTS”) OR RELYING ON ANY ACTIONS TAKEN BY THE AI TECHNOLOGY ON YOUR BEHALF, AND YOU WILL MONITOR AND TRACK ANY SUCH ACTIONS TO ENSURE THEY ARE APPROPRIATE. YOU ARE RESPONSIBLE FOR ACTIONS AI TECHNOLOGY TAKES AT YOUR DIRECTION OR UNDER YOUR ACCOUNT, INCLUDING THROUGH AGENTS YOU CONNECT TO THE SERVICES, AND FOR ANY RESULTING COMMUNICATIONS TO THIRD PARTIES. CONTENT ON THE SERVICES, INCLUDING TRANSLATIONS, DESCRIPTIONS, ESTIMATES AND NEWS, MAY BE AI-GENERATED, WITH OR WITHOUT LABELING, AND CONSTITUTES OUTPUTS. AI TECHNOLOGY MAY MISUNDERSTAND OR MISINTERPRET YOUR QUERIES OR INSTRUCTIONS; OUTPUTS MAY BE INACCURATE, INCOMPLETE OR OUT OF DATE, MAY NOT BE SUITABLE FOR TASKS REQUIRING REASONING OR JUDGMENT, AND MAY NOT BE UNIQUE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LEVELS.FYI BEARS NO LIABILITY TO YOU OR ANYONE ELSE ARISING FROM OR RELATING TO YOUR USE OF ANY OF THE OUTPUTS OR ANY ACTIONS TAKEN BY THE AI TECHNOLOGY IN CONNECTION WITH YOUR USE OF SUCH AI TECHNOLOGY.
IN NO EVENT SHALL THE LEVELS.FYI PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST DATA, INCOME, BUSINESS, REVENUE OR PROFITS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT BE ENFORCEABLE AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LEVELS.FYI PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND ARISING OUT OF USE OF THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) AND THE AMOUNTS YOU PAID LEVELS.FYI FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES AND CONDITIONS,” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
YOU HEREBY RELEASE THE LEVELS.FYI PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR IN CONNECTION WITH THE USE OF THE SERVICES. THIS RELEASE WILL BE BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANY OTHER INTERESTED PARTIES.
You waive any right or benefit conferred by any law of any jurisdiction that would limit the scope of a release or waiver, including California Civil Code Section 1542 and any similar provision of the law of any other jurisdiction, to the full extent you may lawfully do so. You acknowledge that the releases in this Agreement are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.
It is Levels.fyi’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Levels.fyi by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Levels.fyi’s Copyright Agent for notice of claims of copyright infringement is as follows:
Levels Fyi Inc., Attn: Copyright Agent, 548 Market Street, PMB 94830, San Francisco, CA 94104, United States. Email: team@levels.fyi.
Levels.fyi reserves the right to: (a) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Levels.fyi; (b) disclose information about you, including information identifying you, where Levels.fyi is required to do so by applicable law or valid legal process, or where Levels.fyi determines in good faith that disclosure is reasonably necessary to enforce this Agreement or to protect the rights, property or safety of Levels.fyi, its Users or the public; (c) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (d) terminate or suspend your access to all or part of the Services for any or no reason, including any violation of this Agreement.
If Levels.fyi becomes aware of any possible violations by you of the Agreement, Levels.fyi reserves the right to investigate such violations. If, as a result of the investigation, Levels.fyi believes that criminal activity has occurred, Levels.fyi reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Levels.fyi is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Levels.fyi’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of Levels.fyi, its Registered Users or the public, and all enforcement or other government officials, as Levels.fyi believes in good faith to be necessary or appropriate.
(a) Termination. These Terms shall remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason, in the manner described on the Services or by contacting us at team@levels.fyi. Levels.fyi may terminate your Account if (a) you are in breach of the Agreement; (b) if Levels.fyi decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice.
(b) Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes disabling or deletion of your Account credentials and may include deletion of information, files and User Data associated with your Account; however, Levels.fyi may retain (i) compensation submissions and Salary Data, which Levels.fyi may continue to retain and use in accordance with Section 1(f) and the Privacy Policy, (ii) Content that you have shared with other Users or Employers, (iii) information contained in backups, logs and archives for a limited period, and (iv) information that Levels.fyi is required to retain by law or needs to enforce this Agreement, in each case subject to the Privacy Policy. You understand that any termination of Services may involve deletion of User Data associated therewith from our live databases. Levels.fyi will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Data. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including ownership provisions, warranty disclaimers, and limitation of liability.
The Services are controlled and offered by Levels.fyi from its facilities in the United States of America. The Services may reference Services or Salary Data that are not available in your country; those references do not imply that Levels.fyi intends to offer them there, and Levels.fyi makes no representation that the Services are appropriate or available for use in any location. Those who access or use the Services from other countries do so at their own volition, are responsible for compliance with local law, and consent to the transfer, processing and storage of their information in the United States and in other countries where Levels.fyi or its service providers operate, as described in the Privacy Policy. Levels.fyi may make the Services available in other languages and currencies as a convenience, including through automated translation and currency conversion; the English-language version of this Agreement controls.
(a) Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Levels.fyi agree that any dispute, claim or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms and prior versions of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Levels.fyi may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Levels.fyi may seek equitable relief in court for infringement or other misuse of intellectual property rights. “Dispute” includes disputes that arose or involve facts occurring before, and claims that may arise after the termination of, these Terms or any prior version of them.
(b) Informal Dispute Resolution. You and Levels.fyi agree that good faith informal efforts to resolve Disputes are a material term of this Agreement, and that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Levels.fyi that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to team@levels.fyi or regular mail to our mailing address at Levels Fyi Inc., 548 Market Street, PMB 94830, San Francisco, CA 94104, United States. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
A separate Informal Dispute Resolution Conference must be held each time either party initiates a Dispute, and multiple individuals may not participate in the same conference, even if represented by the same counsel, unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
(c) Waiver of Jury Trial. YOU AND Levels.fyi HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Levels.fyi are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(d) Waiver of Class or Other Non-Individualized Relief. YOU AND Levels.fyi AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 19(i), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 19(i) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Levels.fyi agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Levels.fyi from participating in a class-wide settlement of claims.
(e) Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Levels.fyi agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/consumer.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request must also include counsel’s name, telephone number, mailing address and email address, and must be signed by counsel. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Levels.fyi otherwise agree, or the Batch Arbitration process discussed in subsection 19(i) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.
You and Levels.fyi agree to keep all materials and documents exchanged during the arbitration confidential and not to share them with anyone except the parties’ attorneys, accountants or business advisors, and then only if they agree to keep them confidential.
(f) Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 19(i) is triggered, the AAA will appoint the arbitrator for each batch.
(g) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including any dispute concerning the interpretation, application, enforceability, revocability, scope or validity of the Arbitration Agreement or any portion of it, except that the following shall be decided only by a court of competent jurisdiction and not by an arbitrator: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of it is unenforceable, illegal, void or voidable or has been breached; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration; and (4) all Disputes about which version of the Arbitration Agreement applies. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
(h) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The party that obtains an order compelling arbitration, and the prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration (including the Informal Dispute Resolution Conference), is entitled to recover from the other party its reasonable costs, necessary disbursements and reasonable attorneys’ fees.
(i) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Levels.fyi agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Levels.fyi by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and a separate final award for each Request in the batch (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). The Administrative Arbitrator may set such procedures as are necessary to resolve the disagreement promptly. The Administrative Arbitrator’s fees shall be paid by Levels.fyi.
You and Levels.fyi agree to cooperate in good faith with the AAA to implement the Batch Arbitration process and any other steps to minimize the time and cost of arbitration, which may include appointing a discovery special master and adopting an expedited calendar.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
(j) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Levels Fyi Inc., 548 Market Street, PMB 94830, San Francisco, CA 94104, United States, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Levels.fyi account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(k) Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Levels.fyi as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
(l) Modification. We agree that if Levels.fyi makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Levels.fyi at 548 Market Street, PMB 94830, San Francisco, CA 94104, United States, your continued use of the Levels.fyi Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Levels.fyi will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
(a) Electronic Communications. The communications between you and Levels.fyi may take place via electronic means. For contractual purposes, you (a) consent to receive communications from Levels.fyi in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Levels.fyi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
(b) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Levels.fyi’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(c) Force Majeure. Levels.fyi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, civil unrest, acts of civil or military authorities, fire, flood, accident, epidemic, strikes, and shortages of transportation, fuel, energy, labor or materials.
(d) Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: team@levels.fyi.
(e) Exclusive Venue. To the extent the parties are permitted under the Agreement to initiate litigation in a court, both you and Levels.fyi agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of California.
(f) Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE TERMS.
(g) Notice. Where Levels.fyi requires that you provide an email address, you are responsible for providing Levels.fyi with your most current email address. In the event that the last e-mail address you provided to Levels.fyi is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Levels.fyi’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Levels.fyi at the following address: Levels Fyi Inc., 548 Market Street, PMB 94830, San Francisco, CA 94104, United States. Such notice shall be deemed given when received by Levels.fyi by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
(h) Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(i) Severability. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
(j) Export Control. You may not use, export, import or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. You represent and warrant that you are not located in, or a national or resident of, any country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons, and will not export, re-export or transfer Levels.fyi products, services or technology in violation of U.S. export control laws and regulations.
(k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
(l) Entire Terms. This Agreement, together with the Privacy Policy, any Services Agreement, and any additional terms that Levels.fyi presents to you on the Services or at the time of purchase, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. If you or the Employer on whose behalf you act has entered into a separate written agreement with Levels.fyi (such as a subscription agreement or order form), that agreement governs with respect to its subject matter to the extent it conflicts with this Agreement, and this Agreement otherwise continues to apply to your use of the Services. Section titles in this Agreement are for convenience only and do not affect its interpretation, except where a provision identifies another provision by its title; and the word “including” means “including but not limited to”.