Terms of Service


For use of the LevelUP app in the app store


Date: 15 May 2015


These terms of service for the use of the LevelUP App in the Google Play Store and the Apple App Store (“the User Terms”) offered by LevelUP IVS, Fyrkildevej 104, 1. tv, 9220 Aalborg Øst company registration number 36047240 regulates the account holder’s use of the LevelUP software application (“ the LevelUP App”) and website at www.getlevelup.com (“ the Website”) and any other related software and services provided by LevelUP to the account holder. 



By accepting the User Terms the account holder, including the account holder’s employees agree to adhere to the User Terms and the obligations and rights herein.


  1. Accept of the User Terms



    1. In order for the account holder to use the LevelUP App, the account holder must first agree to the User Terms. Please review the User Terms as well as any other information notified to the account holder carefully before using the LevelUP App

    2. The account holder can accept the User Terms by:

    3. clicking to accept or agree to the User Terms, where this option is made available to the account holder in the user interface provided to the account holder; or

    4. by actually using the LevelUP App. In this case, the account holder understands and agrees that such use by the account holder will be treated as acceptance of the User Terms from that point onwards.

  2. Subscription and Payment


    1. If the account holder wishes to have full access to the LevelUP App the account holder must subscribe to the full version on the Website. LevelUP refer to the subscription and payment terms of service on the Website.

  3. User Content


    1. The account holder agrees that the account holder is solely responsible for any and all content that the account holder creates, uploads, transmit or display while using the LevelUP App (the User Content) and for the consequences of the account holder actions (including any loss or damage which LevelUP, the accountholder or any third party may suffer) by doing so. LevelUP have no responsibility to the account holder or to any third party for such action or losses.

    2. By submitting, posting or displaying the User Content the account holder gives LevelUP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use any User Content for the purposes of the account holder’s use of the LevelUP App.

    3. By uploading any User Content to the LevelUP App the account holder warrant and represent that:

      The account holder has the lawful right to upload, reproduce and distribute such User Content and power and authority necessary to grant the license.

    4. Any User Content the account holder uploads, post or otherwise transmit or display while using LevelUP will not:

      be misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;

      constitute unauthorized disclosure of personal or confidential information;

      violate the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property) or otherwise create liability or violate any local, state, national or international law;

      contain viruses, trojan horses, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; or

      constitute or encourage a criminal offence.

    5. The account holder shall indemnify LevelUP, without limitation and upon demand, against any cost, damages or expenses (including reasonable legal expenses) that may be incurred by LevelUP, either (a) as a result of any breach by the account holder of the warranties detailed above, and/or (b) in respect of any claim or action against LevelUP, or any 3rd party that the use of any User Content infringes intellectual property rights or is otherwise unlawful or objectionable.

    6. The account holder acknowledges as reasonable and agrees that LevelUP may, on occasion, use User Content for analytical purposes or in order to improve LevelUP, including reselling and licensing User Content for purposes other than marketing towards the account holder. LevelUP refer to the LevelUP privacy policy available on the Website (www.getlevelup.com/privacy). LevelUP’s use of such User Content will not involve the provision of any confidential or personal data to any third party.

    7. All User Content will be stored up to the limit stated on the subscription plan. If no subscription is made the limit is 14 days of free use. If the limit is exceeded a notification will be send to the account holder to suggest an upgrade plan to store more User Content. After the 14 days period the account holder will no longer have access to the User Content, unless the account holder starts a subscription plan.

  4. Password and Security



    1. The account holder must keep account holder’s password confidential and must not disclose it or share it with anyone.

    2. The account holder will be responsible for all activities and orders that occur or are submitted under the account holder’s password.

    3. If the account holder knows or suspects that someone else knows and will be able to abuse the account holder’s password the account holder agrees to notify LevelUP immediately by contacting LevelUP immediately.

    4. If LevelUP has reason to believe that there is likely to be a breach of security or misuse of the LevelUP App, LevelUP may require the account holder to change the account holder’s password or LevelUP may suspend the account holder’s account. Further, the account holder is responsible for anything that happens through the account holder’s account until the account holder closes down the account or proves that account holder’s account security was compromised without fault on part of the account holder.

  5. Intellectual Property



    1. All intellectual property rights subsisting in or used in connection with the LevelUP App (including, but not limited to any data) are and shall remain the sole property of LevelUP and LevelUP’s licensors. All present and future rights in and title to the LevelUP App, including the right to grant access to it over any present or future technology, are solely and exclusively reserved to LevelUP.


    2. By accepting and adhering to the User Terms and the obligations herein LevelUP grant the account holder a non-exclusive, non-assignable, non-transferable non-sublicensable license for the duration of the agreement created by these User Terms to use the LevelUP App solely and strictly for the account holder’s own use/employees use. The account holder shall not assign, transfer or sub-license any of account holder’s rights or obligations under the User Terms.

    3. The account holder agrees not to access (or attempt to access), nor allow any thirds party to use any part of the LevelUP App by any means other than through the interface that is provided by LevelUP. The account holder specifically agrees not to access (or attempt to access) nor allow any thirds party to access any part of the LevelUP App through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers, and not to disclose account holder password to any third party for the purposes of using any such technology.

    4. The account holder agrees that the account holder will not (a) take any action that imposes, or may impose (in each case in LevelUP sole discretion) an unreasonable or disproportionately large load on LevelUP ‘s infrastructure; (b) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of the LevelUP App without prior written consent from LevelUP and any third party determined by LevelUP as appropriate; (c) interfere or attempt to interfere with the proper working of LevelUP or any activities conducted via the LevelUP App; (d) bypass any measures LevelUP may use to prevent or restrict access to the LevelUP App ; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to the LevelUP source code in the LevelUP App.

    5. The account holder agrees that the account holder will not engage in any activity that interferes with or disrupts the LevelUP App, or the servers and networks, which are connected to the LevelUP App.

    6. LevelUP is a registered trademark of LevelUP in Denmark. Unless the account holder have agreed otherwise in writing with LevelUP nothing in the User Terms gives the account holder a right to use any of LevelUP trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. The account holder agrees that the account holder shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the LevelUP App.

  6. Termination



    1. LevelUP may at any time, terminate the agreement with the account holder and the access to the LevelUP App from the account holder if:

      The account holder has materially breached any provision of the User Terms (or have acted in manner which clearly shows that the account holder does not intend to, or is unable to comply with the provisions of the User Terms) and, where such breach is capable of remedy, LevelUP determine that the account holder has not so remedied within fourteen days of notification; or

      LevelUP are required to do so by law (for example, where the provision of the LevelUP App to the account holder is, or becomes, unlawful); or

      if either party becomes insolvent; or enters into any kind of composition, scheme of arrangement, compromise or arrangement involving that party and its respective creditors generally (or any class of them) save for the purposes of a bona fide company reorganization; or is unable to pay its debts; or is the subject of an order for the seizure of the assets or a substantial part thereof of that party made by any court having jurisdiction.

    2. When the User Terms are terminated:

      the license granted in the User Terms terminates;

      all of the legal rights, obligations and liabilities that the account holder and LevelUP have benefited from, been subject to (or which have accrued over time whilst the User Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Clauses 3.6, 5., 9. and 10. shall survive termination of these User Terms; and

    3. the account holder will lose access to the LevelUP App and stored User Content. Reports are stored for 365 days after which the users are responsible for downloading and saving. After 365 days, LevelUP will delete all data.

    4. LevelUP reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as it may deem reasonable or necessary in the pursuit of LevelUP’s business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of account holder relationship with LevelUP.

    5. Termination of this agreement and the User Terms may be made after receiving 30 days notice by writing. For avoidance of doubt, only LevelUP or the party paying for the LevelUP App may terminate account holder’s access to LevelUP. Termination of account holder’s LevelUP account includes disabling account holder’s access to the LevelUP App and may also bar the account holder from any future use of the LevelUP App.

    6. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to LevelUP which constitute payment in respect of the provision of unused services shall be refunded.


  7. Technical Support, complaints and possible downtime/bugs etc. the LevelUP App.



    1. LevelUP will offer Technical support to all account holders to a necessary degree.

    2. In the scenario where LevelUP are unable to replicate an incident and there has been no reoccurrence of the incident for a period of one month from the reported occurrence, the incident will be deemed ‘No Fault Found’ and LevelUP will take no further action.

    3. A complaint from an account holder needs to be raised in writing or email (support@getlevelup.com) to LevelUP’s account manager within 14 days. LevelUP will complete investigation of the issues raised. Where this requires access to saved or archived data, transcription files or other digital data, the account holder hereby authorizes LevelUP to have unlimited access to this information to allow the complaint investigation to be completed.

    4. LevelUP will use its reasonable endeavors to complete the investigation within 7 business days of the complaint being raised. Should the dispute be upheld, LevelUP and the account holder will work together to decide on the best course of redress (including, but not limited to regeneration of the report, report credits, cash refund).

    5. The total value of this redress is limited to the invoiced cost of the service rendered no matter on what basis the claim is made. LevelUP will not be liable for any losses or claims arising from delay or quality of reports generated by LevelUP.

    6. In the event a subscription is made by an account holder and the LevelUP App is not available, due to technical reasons relating to LevelUP, for a total time period of 48 hours in a 30 day time period, and this is acknowledges by LevelUP, LevelUP will compensate the account holder a proportionate amount of the monthly subscription amount.

    7. LevelUP is not liable for additional claims or compensation due to lack of operation of the LevelUP App than stated in the User Terms. LevelUP do not warrant or represent that the operation of the LevelUP App will be uninterrupted, timely or error free for any account holders regardless of subscription.

  8. Exclusions and Limitations


    1. Nothing in these User Terms, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by LevelUP’s negligence.

    2. The account holder acknowledges and agrees that LevelUP have no liability to the account holder for any misuse or loss of User Content by third parties. In particular, the account holder acknowledges and agrees that no refund or compensation will be due to the account holder from LevelUP, and the account holder further acknowledges and agrees that since LevelUP have no control over the content and/or quality of the User Content this limitation of LevelUP’s liability to the account holder is reasonable.

    3. There are no conditions, warranties, representations or other terms, express or implied, that are binding on LevelUP except as specifically stated in these User Terms (including statutory warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of the LevelUP App which might otherwise be implied into or incorporated in these User Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

    4. There are no conditions, warranties, representations or other terms, express or implied, that are binding on LevelUP except as specifically stated in these User Terms (including statutory warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of the LevelUP App which might otherwise be implied into or incorporated in these User Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

    5. In particular, LevelUP, LevelUP subsidiaries and affiliates, and LevelUP licensors, do not represent or warrant to the account holder that:

    6. The account holder’s use of the LevelUP App (including its use in conjunction with any other software or through the Website) will meet account holder’s requirements, that account holder’s use of the LevelUP App will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of the LevelUP App provided to the account holder will be corrected; and

      any information obtained by the account holder as a result of account holder’s use of the LevelUP App will be accurate or reliable; and

      that any User Content will be accessible at any particular time; and

      that defects in the operation or functionality of the LevelUP App will be corrected, rectified, or remedied.

    7. Any material (including User Content) downloaded or otherwise obtained or accessed through the use of the LevelUP App is done at account holder’s own discretion and risk, and that the account holder will be solely responsible for any damage, loss, or prejudice to account holder’s computer system or other device or loss of data that results from the download or access of any such material.

    8. In order for the account holder to make full use of the LevelUP App it may be necessary for the account holder to use particular computer equipment or to download or install certain pieces of software. If the account holder are unable to access all or part of the LevelUP App because the account holder do not have access to any necessary software or equipment, this shall not constitute a breach of these User Terms by LevelUP and LevelUP shall not be liable for any loss, damage or expense which may result from account holder inability to access the LevelUP App.

    9. No advice or information, whether oral or written, obtained by the account holder from LevelUP or any of LevelUP’ s subsidiaries, affiliates, officials, employees, or personnel, or through or from the LevelUP App shall create any warranty not expressly stated in these User Terms. LevelUP shall not be under any liability whatsoever in respect of any inaccuracies or omissions in the LevelUP App. LevelUP exclude all such liability to the fullest extent permitted by law.

    10. The account holder expressly understands and agrees that LevelUP and LevelUP’s licensors shall not be liable to the account holder for:

      any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the LevelUP App and/or its use or non-availability;

      loss of profit, business revenue, goodwill and anticipated savings;

      any trading or other losses which the account holder may incur as a result of use of or reliance upon any content;

      the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through account holder use of the LevelUP App;

      the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through account holder use of the LevelUP App;

      for late delivery should the Internet fail locally, or at any geographical location where the transcriptionist is located, if no fault of their own.

    11. Subject to the clauses above, the aggregate liability of LevelUP in respect of any loss or damage suffered by the account holder and arising out of or in connection with the use of the LevelUP App by the account holder and/or any third party shall not exceed the amount of the total fees actually paid by the account holder to LevelUP (excluding any deposits and VAT) in the twelve months preceding the date of the account holder’s claim.

    12. The account holder agrees and acknowledges that the account holder is in a better position than LevelUP to foresee and evaluate any potential damage or loss which the account holder may suffer in connection with the use of the LevelUP App; that LevelUP cannot adequately insure its potential liability to the account holder; and that accordingly the exclusions and limitations contained in this clause are reasonable. The account holder also undertakes at all times to mitigate any such damage or loss.

    13. The LevelUP App is not a back-up service and only provides limited back up and will not be liable for any loss of data or error.

  9. General


    1. Failure or neglect by LevelUP to enforce any of the provisions of the User Terms at any time shall not be construed or deemed to be a waiver of LevelUP rights nor shall this in any way affect the validity of the whole or any part of LevelUP User Terms, nor prejudice LevelUP rights to take subsequent action.

    2. If any part of any provision of these User Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of the User Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

    3. The User Terms represent the entire agreement of the account holder and LevelUP in relation to the subject matter of these User Terms and supersedes any previous agreement between the account holder and us in relation to the LevelUP App.

  10. Choice of law and Jurisdiction



    1. The User Terms shall be construed in accordance with Danish law and the parties hereby submit to the exclusive jurisdiction of Aarhus City Court to settle any disputes, which may arise in connection with these User Terms.