Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Level Software, Inc. (“Level,” “we,” “us,” or “our”) and the person or legal entity that uses the Services (“Customer,” “you,” or “your”). An individual accepting for an organization represents that they have authority to bind it. In that case, “Customer” means the organization.

Level designs and markets the Services for business and professional use. We also permit an individual to use them for a personal home lab on devices that person owns or is authorized to manage. A home-lab user contracts with Level as an individual and keeps any rights that applicable law does not allow these Terms to waive. Level does not market the Services as a family monitoring or general consumer remote-access product.

By creating an account, accepting an Order, or using the Services, Customer agrees to these Terms and the Abuse and Restricted Use Policy. The Privacy Policy explains how Level handles Personal Information. If Customer does not agree, Customer must not use the Services.

1. Services and Contract Documents

The “Services” are Level’s hosted software, endpoint agents, applications, support, documentation, APIs, command-line tools, artificial intelligence features, Resource Library, and related services. An “Endpoint” is a device, virtual machine, server, network resource, operating environment, or account managed through the Services.

Customer may purchase Services through an online checkout, order form, statement of work, or other ordering document accepted by Level (an “Order”). If documents conflict, they control in this order, only within their stated scope:

1. A Business Associate Agreement.
2. A Data Processing Addendum.
3. The applicable Order or Statement of Work.
4. These Terms.
5. The Abuse and Restricted Use Policy.
6. The Documentation.

Where applicable, the Standard Contractual Clauses (SCCs) prevail over conflicting provisions in these Terms or any related agreement. An executed Data Processing Addendum controls processing of covered personal data over conflicting public policies or documentation, subject to the SCCs and applicable law. Updating a public policy does not amend an executed Data Processing Addendum or Business Associate Agreement.

Separate Data Processing Addenda and Business Associate Agreements for internal IT teams and MSPs are available through support@level.io. Customer purchase orders do not add or replace terms unless an authorized Level representative agrees in a signed writing.

2. Eligibility, Authority, and Accounts

Customer must be legally capable of entering into these Terms. Each user must be at least 18 or the age of legal majority where they live.

Customer represents that it owns, controls, or is authorized to manage every Endpoint, account, network, and environment it connects to Level. Customer must obtain all required permissions, notices, and consents from clients, personnel, end users, and other third parties. An MSP or other service provider must have authorization from each client whose systems it manages.

Customer is responsible for its users, roles, permissions, security settings, service accounts, API keys, access tokens, integrations, and credentials. Customer must use reasonable safeguards, protect secrets, promptly remove unnecessary access, use multi-factor authentication where available and required, and notify Level of suspected compromise.

Level may rely on instructions from the account owner, authorized administrators and users, and systems presenting valid Customer credentials. Customer is responsible for activity through those access methods, except to the extent caused by Level’s breach of these Terms.

3. Right to Use the Services

During the subscription term, and subject to these Terms, the Order, and payment of applicable fees, Level gives Customer a limited, non-exclusive, non-transferable right to use the Services for its own operations. An MSP may also use them to provide authorized services to its clients.

Customer may not:

1. Resell or provide the Services as a standalone offering unless an Order permits it.
2. Copy, modify, reverse engineer, decompile, or try to discover non-public source code, models, APIs, or components, except where law does not allow that restriction.
3. Circumvent security, approval, licensing, usage, rate-limit, or access controls.
4. Use the Services to build or train a competing product or service.
5. Remove proprietary notices.
6. Violate the Abuse and Restricted Use Policy.

Level and its licensors keep all rights not expressly granted. These Terms do not restrict Customer from publishing benchmarks or tests it lawfully conducts.

4. Endpoint Agents and Support Access

Level’s endpoint agent may use administrative, root, SYSTEM, or similar privileges to provide monitoring, patching, scripting, remote access, automation, and related features. Those technical privileges let the Services carry out actions initiated, configured, or approved by Customer. They do not give Level personnel standing administrative access to Customer’s Endpoints.

To let Level personnel interact with an account or Endpoint for support, Customer must explicitly grant access through Level’s support-access mechanism. That authorization is limited in scope and duration, automatically expires, and permits Level personnel to act only through the authorized Customer account and the Services.

Access by Level personnel to Level-hosted infrastructure, servers, databases, logs, Customer Content, or other customer metadata does not authorize access to Customer’s Endpoints and does not, by itself, enable Level personnel to start remote-control or background-management sessions, open a shell or terminal, execute scripts, browse or access files, or otherwise administer an Endpoint.

Level will provide reasonable notice if it introduces functionality that gives Level personnel standing administrative access to Customer’s Endpoints. Such functionality would be a material change to Level’s security model. If notice is legally prohibited, Level will provide it as soon as that prohibition ends.

Customer decides which Endpoints to enroll, which permissions to grant, what notices to give end users, and whether remote or background management is appropriate.

5. Customer Actions, Automation, and AI

A “Customer Action” is an instruction, configuration, script, automation, monitor, remote session, or other action submitted or enabled through the Services. Customer controls and is responsible for Customer Actions, including their purpose, code, targeting, permissions, timing, legality, and results.

Before a material action reaches production, Customer must review and test it, confirm the target and dependencies, maintain appropriate backups and rollback procedures, and use a limited rollout when an error could cause loss, downtime, a security change, or material disruption. Safeguards such as previews, approvals, warnings, rate limits, or dry runs reduce risk but do not guarantee a safe result.

Level personnel may provide scripts, recommendations, configurations, and troubleshooting help. Unless a Statement of Work says otherwise, those materials are examples that Customer must validate for its own environment.

Artificial intelligence features may generate inaccurate, incomplete, insecure, outdated, or non-unique output. Customer must use competent human review before relying on material AI output or allowing it to act. Customer may not use an AI feature to make a decision with legal or similarly significant effects on a person without qualified human review and any safeguards required by law.

Level may use model and infrastructure providers listed in the Subprocessor Registry. Level does not use Customer Content to train a generally available model unless Customer expressly opts in. AI output may resemble third-party material, and Customer is responsible for reviewing its use.

6. APIs, Integrations, and Resources

Customer may use Level’s documented APIs, CLI, service accounts, integrations, and automated systems with properly scoped credentials. Customer must protect secrets, limit permissions, monitor activity, apply reasonable budgets and rate limits, and be able to suspend access. Customer is responsible for instructions submitted with its credentials.

Third-party integrations are controlled by their providers. Customer authorizes Level to exchange information with an integration as Customer directs. Level is not responsible for the provider’s service, terms, security, or data practices.

Resources in the Level library may come from Level, customers, vendors, open-source projects, or the community. Inclusion or a “verified” label is not a warranty. Customer must review licensing, security, compatibility, and results before use. A contributor must have the rights needed to submit a Resource and grants Level a worldwide, non-exclusive, royalty-free license to host, format, test, display, and distribute it through the Services, subject to any identified open-source license.

7. Customer Content, Privacy, and Confidentiality

“Customer Content” means data, files, code, scripts, prompts, messages, configurations, credentials, device information, logs, and other material Customer makes available to the Services. Customer owns its Customer Content and gives Level a limited license to host, process, transmit, reproduce, modify, and display it only as needed to provide, secure, and support the contracted Services and meet legal obligations, subject to applicable law and any executed Data Processing Addendum or Business Associate Agreement. Any processing of personal data to improve the Services must also be permitted by that agreement and Customer’s documented instructions; this license does not independently authorize it.

Customer must have the rights and lawful basis needed for Customer Content. Customer must not submit protected health information unless Level has authorized the use in writing and the parties have signed any required Business Associate Agreement.

Each party will protect the other’s non-public confidential information with reasonable care and use it only for the agreement. Confidential information excludes material lawfully public, already known without duty, received lawfully from another source, or independently developed. A recipient may disclose it to personnel, providers, advisers, or authorities who need it and are subject to appropriate duties, including when law requires disclosure.

Level may generate technical and operational usage data as permitted by the applicable agreement and law. Anonymizing, de-identifying, or aggregating personal data is itself processing; Level may do so only as necessary to provide the contracted Services or with Customer’s prior written authorization, as permitted by the applicable Data Processing Addendum and law. Any subsequent use of information that cannot reasonably identify Customer, an individual, or an Endpoint to operate, secure, analyze, or improve the Services must remain within those permissions. Level may use voluntarily supplied feedback without compensation, subject to confidentiality, data-protection obligations, and any applicable agreement, and may not publicly identify Customer without permission.

8. Pricing, Billing, and Taxes

Customer must pay the fees shown in the applicable Order or checkout. Unless an Order says otherwise, recurring fees are billed monthly in arrears, after Services are provided. Usage-based and similar charges may appear after the usage is measured. Customer authorizes Level and its payment processor to charge the payment method on file for amounts due.

The public month-to-month offer is free while an account’s peak device count for a monthly service period is 10 or fewer. If the peak reaches 11, every device in that peak count is billed at the then-current per-device rate. The free offer is not a separate ten-device deduction and does not expire while the account remains at 10 devices or fewer. The current rate and examples are on the Pricing page.

A paid subscription continues month to month until canceled. There is no annual commitment unless Customer signs an Order that says otherwise. Because Level bills in arrears, an invoice after cancellation may cover Services provided before cancellation and is not a charge for a future month.

Level may change recurring fees with at least 30 days’ advance notice. Fees exclude taxes and government assessments other than taxes on Level’s net income. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs.

9. Cancellation, Suspension, and Termination

Customer may cancel in the application, by support ticket or email, or by calling 1-866-425-3835, as described in the Cancellation Policy. Fees stop accruing after the cancellation effective date. An Order may provide different non-renewal terms for that Order.

Either party may terminate an Order for a material breach not cured within 30 days after notice. A party may terminate immediately for a breach that cannot reasonably be cured, unlawful activity, unauthorized access, fraud, or deliberate security compromise.

Level may restrict the affected account, credential, integration, Endpoint, action, or feature when reasonably necessary to prevent harm, investigate a material violation, comply with law, or address nonpayment. When reasonably practicable, Level will limit the action and notify Customer. Level may use automated signals, but a Customer may request human review of a material suspension or termination and seek restoration by contacting support@level.io.

At termination, Customer’s right to use the affected Services ends, unpaid fees remain due, and Customer must stop using Level software and address installed agents. Return and deletion of Customer Content, including the active-system deadline, restricted database-backup retention, and narrowly limited preservation of legally required records, are governed by Section 7 of the Cancellation Policy, the Privacy Policy, and any applicable Data Processing Addendum or Business Associate Agreement. The priority in Section 1 applies; these public policies do not extend a deadline in an executed agreement. Applicable confidentiality, security, transfer, and deletion duties continue while covered personal data remains. Terms that by their nature should survive will survive.

10. Service Changes, Security, and Support

Level may update the Services. We will give reasonable notice when practicable before materially discontinuing core paid functionality. If Level permanently ends a paid Service without a substantially equivalent replacement, recurring fees stop when the Service ends, and Level will address any affected prepaid amount under the Refund Policy or applicable Order. Emergency security, legal, abuse, availability, or provider changes may occur without advance notice only to the extent permitted by applicable law and executed agreements. This does not override subprocessor notice, objection, or transfer-authorization requirements in an applicable Data Processing Addendum or SCCs.

Level will maintain reasonable administrative, technical, and physical safeguards. If Level confirms a security breach that triggers a notice duty under law or a Data Processing Addendum, Level will notify affected Customer contacts as required. Level handles government requests as described in the Privacy Policy.

Unless an Order expressly includes a service-level agreement, the Services have no contractual uptime commitment or service credits. Level may still provide a voluntary refund or credit under the Refund Policy. Support follows the offering associated with Customer’s plan and does not itself change these Terms or create a warranty.

11. Disclaimers

Except for an express promise in these Terms or an Order, and to the maximum extent law permits, the Services, support, AI output, integrations, and Resources are provided “as is” and “as available.” Level disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Level does not promise uninterrupted or error-free operation, that the Services will detect or prevent every incident, that Customer Content will never be lost, or that a third-party service will remain available. The Services do not replace Customer’s backups, disaster recovery, security program, professional judgment, or legal compliance. Some jurisdictions do not allow certain disclaimers, so this section may not apply in full.

12. Limitation of Liability

To the maximum extent law permits, neither party nor its affiliates, licensors, or suppliers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, goodwill, or business opportunity; business interruption; or substitute-service, data-restoration, device-restoration, or remediation costs arising from the Services or the agreement, even if advised that the damage was possible.

To the maximum extent law permits, Level’s and its affiliates’ total liability arising from the Services and the agreement will not exceed the greater of the fees paid or payable for the affected Services in the 12 months before the event giving rise to the first claim, or $100 if Customer used only free Services.

This limit applies across all claims and legal theories. It does not limit Customer’s payment or indemnity obligations, Customer’s infringement of Level’s intellectual property, or liability that law does not allow a party to limit. The fees reflect this allocation of risk.

13. Customer Indemnity

Customer will defend Level, its affiliates, and their personnel against a third-party claim and indemnify them for resulting damages, settlements, penalties, costs, and reasonable legal fees to the extent the claim arises from:

1. Customer Content or a Customer Action.
2. Customer’s unauthorized management, monitoring, or access to an account, Endpoint, network, employee, end user, or client system.
3. Customer’s violation of law, this agreement, the Abuse and Restricted Use Policy, or a third party’s rights.
4. A Resource Customer submits or an automated system Customer connects.
5. A dispute between Customer and its client, personnel, end user, or another third party.

Customer has no obligation to the extent Level’s gross negligence, willful misconduct, or breach caused the claim. Level will promptly notify Customer, allow Customer to control the defense and settlement, and reasonably cooperate at Customer’s expense. Customer may not settle in a way that admits fault by or imposes a non-monetary duty on Level, or that fails to release Level, without Level’s consent.

14. Governing Law and Disputes

North Carolina law governs these Terms without regard to conflict-of-law rules. The state courts in Buncombe County and the federal courts in the Western District of North Carolina have exclusive jurisdiction.

Before filing a claim, a party must give written notice describing the dispute and requested relief and allow 30 days for good-faith resolution. Either party may seek immediate injunctive relief or preserve a claim. To the maximum extent law permits, each party waives a jury trial. A claim must be filed within one year after the claimant knew or reasonably should have known the facts giving rise to it, except where law does not permit that limit.

15. Changes to These Terms

Level may update these Terms for changes in the Services, law, security, or business practices. For a material change that adversely affects a Customer’s rights during a paid subscription, Level will provide at least 30 days’ advance notice by email, in the Services, or another reasonable method. A shorter period may apply when reasonably necessary for law, security, abuse prevention, or a third-party requirement.

Notice will identify the effective date. A change will not retroactively alter a dispute that arose before that date. Customer may cancel before a material change takes effect. Continued use after the effective date constitutes acceptance where law permits. Level may require affirmative acceptance and will preserve prior versions.

16. General Terms and Notices

Legal notices to Level must be sent to:

Level Software, Inc.
Attn: Legal
60 Ravenscroft Drive
Asheville, NC 28801 USA
Email: support@level.io

Level may send notices to Customer’s account email, through the Services, or on Level’s website. Email is considered received the next business day unless the sender receives a delivery failure. Any more specific notice method, recipient, or timing required by an executed Data Processing Addendum, Business Associate Agreement, or applicable SCCs takes precedence; a website update does not substitute for required individual notice.

Neither party may assign these Terms without the other’s consent, except that Level may assign them in a merger, acquisition, reorganization, or sale of substantially all relevant assets. Level may use affiliates, contractors, and subprocessors but remains responsible as required by these Terms and law.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations. If a provision is unenforceable, it will be adjusted only as much as needed, and the rest remains effective. A waiver must be in writing. The parties are independent contractors. These Terms and the documents listed in Section 1 are the entire agreement on their subject matter.

17. Contact

Questions about these Terms may be sent to support@level.io.