Terms of Service

Effective March 9, 2026 · Version 1.0

LvlUp Terms of Service

Effective date: March 9, 2026

Welcome to LvlUp. These Terms of Service ("Terms") are a contract between you and XQ.AI Marketing Ltd (a Delaware company; "LvlUp," "we," "us," or "our"). By using the LvlUp coaching platform ("Service"), you agree to these Terms.

1. Who We Are

LvlUp is operated by XQ.AI Marketing Ltd. You can reach us at [email protected] for legal or privacy questions.

2. What LvlUp Does

LvlUp is an AI-powered coaching platform. It delivers personalized voice-based coaching, training, and feedback to help you improve at your job. The Service uses artificial intelligence to conduct coaching conversations, analyze your progress, and provide recommendations. We work with third-party service providers for voice processing, cloud storage, artificial intelligence and machine learning, and data analytics. Your data may be processed by these providers on our behalf.

3. Your Access Is Through Your Employer

Your access to the Service is provided through your employer or affiliated organization ("Your Organization"). LvlUp's contract is with Your Organization, not with you personally.

  • Your Organization controls your account—who gets access, who gets deactivated, and how long you can use the Service.
  • Your Organization may see your session transcripts, summaries, scores, and performance data.
  • If your employment or affiliation ends, your access may be deactivated.
  • LvlUp is not your employer, agent, or representative. Any decisions Your Organization makes about your employment, performance reviews, pay, discipline, or termination are solely Your Organization's responsibility. We are not liable for any actions Your Organization takes based on data or information from the Service.

4. Recording and Transcription Consent

Coaching sessions are recorded. When you use the Service:

  • Your voice conversations are recorded (audio).
  • Recordings are transcribed into text.
  • Transcripts and recordings are stored and may be used to generate summaries, scores, and feedback.
  • Your Organization may have access to these materials.

By using the Service, you consent to this recording and transcription. You do not need to consent again each time you start a session, but we may remind you that sessions are recorded.

5. AI-Generated Content

The Service uses artificial intelligence to generate coaching feedback, assessments, and recommendations. Please keep in mind:

  • AI can be wrong. AI-generated content may be inaccurate, incomplete, or not right for your situation.
  • We do not guarantee the accuracy, reliability, or suitability of any AI-generated content.
  • This is not professional advice. LvlUp is not a substitute for professional advice of any kind—including employment, legal, financial, medical, or psychological advice.
  • We make no promises about the impact of the Service on your job performance, employment status, pay, or career. Your results depend on many factors we don't control.

6. How We Use Your Data and Improve the Service

  • We use your data to deliver and improve the Service (e.g., coaching, summaries, scores).
  • We do not use your voice or likeness to train AI models. Your biometric data is not used for model training.
  • We may use how you use the platform (e.g., patterns, feedback, aggregated data) to improve our models and processes. This helps us make the Service better for everyone.

7. Communications

By using the Service, you agree that we may contact you at the email address and phone number you provide (whether personal or work) for:

  • Transactional messages (account security, session reminders, password resets, important service updates). You cannot opt out of these.
  • Product updates and news. You may opt out of these; opting out does not affect your use of the Service.

8. Content You Create

If you set goals, type messages, or otherwise provide content through the Service, you give us a license to use that content to operate and improve the Service (e.g., storing it, showing it to you and Your Organization, and using it in anonymized or aggregated form). You are responsible for what you submit; don't submit anything illegal or that violates these Terms.

9. Data Retention and Deletion

  • We keep your data for as long as Your Organization is our customer, plus one (1) year after the relationship ends.
  • After that, we anonymize the data (we no longer tie it to you personally).
  • Data deletion requests: If you or Your Organization want data deleted before the retention period ends, Your Organization must submit the request to us. Individual users cannot request deletion on their own through the Service; that process is handled through Your Organization.

10. Acceptable Use

You agree to use the Service only for its intended purpose (coaching and training as provided by Your Organization). You will not:

  • Abuse, harass, or try to manipulate the AI or the system.
  • Share your account or credentials with others.
  • Try to extract or reverse-engineer our prompts, models, or proprietary systems.
  • Use the Service for any illegal purpose or in violation of these Terms.

We may suspend or terminate your access if you violate these rules.

11. Account Security

You are responsible for keeping your password and account secure. Do not share your credentials. We are not liable for unauthorized access that results from you sharing your account or failing to keep it secure.

12. Termination

  • We may suspend or terminate your access to the Service at any time for violation of these Terms or for other reasons consistent with our agreements with Your Organization.
  • Your Organization may deactivate your account at any time.
  • When your access ends, our data retention and anonymization policy (Section 9) still applies.

13. The Service Is Provided "As Is"

To the fullest extent permitted by law, the Service is provided "as is" and "as available" with no warranties of any kind, whether express, implied, or statutory. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that the Service will be uninterrupted, error-free, or secure.

14. Limitation of Liability

Our total liability to you is limited.

  • To the maximum extent permitted by law, LvlUp's total aggregate liability to you for any claims arising from your use of the Service shall not exceed the amount you personally paid to LvlUp in the twelve (12) months before the claim. If you have not paid anything directly to LvlUp, our total liability shall not exceed one hundred dollars ($100).
  • We are not liable for indirect damages. In no event shall LvlUp be liable for any indirect, incidental, special, consequential, or punitive damages—including but not limited to loss of employment, loss of income, loss of data, emotional distress, or reputational harm—regardless of the legal theory or cause of action.

15. Assumption of Risk

By using the Service, you acknowledge and accept that:

  • AI-generated content may contain errors.
  • Voice sessions are recorded and may be reviewed by Your Organization.
  • Performance data may be shared with Your Organization.
  • The Service may be unavailable due to technical issues or third-party outages.

You assume all risks associated with your use of the Service.

16. Indemnification

You agree to indemnify, defend, and hold harmless LvlUp, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) any content you provide through the Service; or (d) your violation of any applicable law or regulation.

17. Disputes and Arbitration

  • Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
  • Arbitration. Any dispute arising from or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Delaware. You waive any right to participate in a class action, collective action, or representative proceeding. You waive your right to a jury trial.
  • Small claims. Either party may bring an individual action in small claims court if the dispute qualifies. This does not affect the waiver of class actions or jury trial.
  • Informal resolution. Before starting arbitration, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve it within 30 days.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes through a notice within the platform (for example, a banner). Your continued use of the Service after that notice means you accept the updated Terms. If you don't agree, you must stop using the Service.

19. Other Important Points

  • Age. You must be at least 18 years old to use the Service.
  • US only. The Service is intended for use in the United States. We do not represent that it is appropriate or available elsewhere.
  • Severability. If any part of these Terms is held to be unenforceable, the rest remains in effect. We may modify the unenforceable part to the minimum extent needed to make it enforceable.
  • Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and LvlUp regarding the Service.

Thank you for using LvlUp. If you have questions, contact us at [email protected].