From both of us at PriceLevel, thank you for using our service! Because we don’t know every one of our users personally, we have to put in place some Terms of Service to help keep the ship afloat.

These Terms of Service (“Terms”) are an agreement between you and PriceLevel, Inc. (“PriceLevel”, “we”, “our”, “us”). The Terms govern your access to and use of our website, including pricelevel.com and any software, tools, or other features offered by PriceLevel, Inc. (collectively “Services”). The Terms apply to all users of the Services (“Users”, “you”, “your”), including registered Users and Users accessing the Services as an unregistered User. By accessing and using the Services, you agree to comply with these Terms. If you’re using the Services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you represent and warrant that you have the authority to enter into, and bind your company or legal entity to, these Terms. You may not use the Services if you do not agree to the linked version of the Terms at the time you access the Services.

We may update the Terms in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify Users.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. If you violate any of the Terms, we may terminate your access or use of the Services. These Terms do contain a limitation of our liability.

1. Accounts and Communications

1.1 Account Registration

PriceLevel may require you to create an account, or to use federated authentication, to access the full range of features of the Services, including areas of the Services that require user credentials to access. Access to and use of password-protected or secure areas of the Services are restricted to authorized users with a registered account only. You must provide and maintain true, accurate, current and complete information about yourself in order to create an account and use the Services. You agree not to share your password(s), account information, or access to the Services with any other person or entity. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Services. You agree to inform PriceLevel immediately of: (i) any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms; or (ii) any breach of security related to your account or the Services.

1.2 Communications

By creating an account, you agree to accept and receive communications from PriceLevel. When you visit the Services or send us emails, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To unsubscribe from non-service-related emails, please use the unsubscribe or email settings link in the email(s) you receive. Unless you choose to delete your account(s), you cannot unsubscribe from certain communications that are required as part of your use of our services (e.g., communications about changes to these Terms.)

2. Data

2.1 Services Data

PriceLevel may provide you with certain data and information regarding pricing for a given supplier (“Pricing Data”). Pricing Data is given for informational purposes only and without warranty and is subject to change or varying levels of accuracy. Please note that all Pricing Data figures are based upon multiple third party submissions to PriceLevel and PriceLevel does not independently verify any such information. Pricing Data figures are made available to Users for the purpose of generalized comparison only.

2.2 Rights to Data

All data and information regarding a User’s pricing insight (including, but not limited to order forms, invoices, pricing proposals) uploaded or otherwise submitted to the Services by User (“User Data”) will remain the property of User. User represents and warrants to PriceLevel that

• (i) it has full power and authority to enter into the Terms and to convey all rights granted to PriceLevel under the Terms, including all rights in and to the User Data
• (ii) User Data either does not contain or has been redacted to remove Prohibited Data (as defined below).

By submitting User Data, PriceLevel shall be permitted to de-identify, anonymize, and/or aggregate User Data such that it is not identifiable to User or any User personnel as the source or origin of such data. Such aggregated and anonymized pricing analysis and information is deemed Pricing Data, owned by PriceLevel, and is not considered User Data. User hereby grants PriceLevel a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license to use, copy (in whole or in part), modify, display in any form, medium, or technology now known or later developed, distribute, and make derivative works of, including by incorporating or embedding into any Services or advertising offered by PriceLevel, without compensation to you. In all cases, Pricing Data shall remain de-identified and aggregated such that it shall not be capable of re-identifying the User as the source or origin of such Pricing Data.

3. Use of Services

3.1 Prohibited Data

User agrees not to use the Services to store, transmit, process, or otherwise handle

• (i) 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
• (ii) 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”). User Data and Pricing Data expressly exclude Prohibited Data.

3.2 Acceptable Use

The rights granted to you in the Agreement are subject to the following restrictions:

• (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
• (ii) 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;
• (iii) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials) or otherwise use site data to train any artificial intelligence or machine learning models;
• (iv) you shall not access the Services in order to build a similar or competitive website, application or service;
• (v) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
• (vi) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; and
• (vii) you may not use the Services for any purpose to circumvent, disable, or otherwise interfere with the security-related features of the Services, upload or attempt to upload viruses or any type of malware, interfere with the Services or the network, or use the Services in a manner inconsistent with any applicable laws or regulations.

4. Payment of Fees

4.1 Payment

We accept the following forms of payment: Credit Card and other methods to be specified in Invoices. You may be required to purchase or pay a fee to access some of our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Service. Sales tax will be added to the price of purchases as deemed required by applicable law. We may change prices at any time. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service.

4.2 Cancellation

If you are on a subscription plan, you can cancel your subscription at any time by logging into your account or contacting us at hello@pricelevel.com. Your cancellation will take effect at the end of the current paid term.

5. Enforcement and Security

5.1 Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRICING DATA ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (i) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (iii) ANY ERRORS OR DEFECTS IN OUR WEBSITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

5.2 Termination

These Terms remain in effect while you use the Services and, for registered Users, as long as your account(s) remains open. You may delete your account(s) at any time. We may suspend or terminate your account(s) or your access to parts of the services, for any or no reason. Of course, we’ll reach out to you before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers. We will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the Services. For the avoidance of doubt, you agree that these Terms apply to your use of the Services and any User Data submitted on the Services at any time prior to the termination or expiration of these Terms.

5.3 Security and Privacy

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please contact us at hello@pricelevel.com to report a security incident or threat.

When you use our Services, you entrust us with your data. We take that trust to heart. You agree that PriceLevel may process your data as described in our Privacy Policy and for no other purpose.

5.4 Subprocessors

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

5.5 Third-Party Content

The Services may provide links to websites and access to content, products, and services of third parties, and such third-party websites, content, products, or services are governed by the respective third party’s website terms and conditions of use. PriceLevel is not responsible for third-party content provided on or through the Sites, or for any changes or updates to such third-party content. Any interactions you have with these linked websites, content, products, and services are beyond the control of PriceLevel, and you bear all risks associated with your access to, and use of, such third-party websites, content, products and services.

6. Copyright and Ownership

6.1 Copyright

All content posted on the Services must comply with U.S. copyright law.

6.2 Ownership

PriceLevel or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us at hello@pricelevel.com to request use of our logos. We reserve the right to rescind any permissions at any time.

7. Indemnity

You agree to indemnify, defend, and hold harmless PriceLevel, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of, or inability to use, any of the Services, your violation of these Terms of Service or any additional rules, guidelines or terms of use posted for a specific area of the Services or Pricing Data provided on or through the Services, or your violation or infringement of any third-party rights, including intellectual property rights, or violation of Applicable Laws. This indemnification obligation will survive the termination of your PriceLevel account or these Terms of Service.

8. Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE, IN LAW OR IN EQUITY, TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING THE USE OF PRICING DATA OR YOUR PROVISION OF PROHIBITED DATA; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY BUSINESS DECISIONS MADE OR IMPLEMENTED BASED ON YOUR USE OF THE SERVICES; (VI) OR ANY OTHER MATTER RELATING TO THESE TERMS OR THE SERVICES, WHETHER AS A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE OR PASSIVE), OR ANY OTHER THEORY OF LIABILITY.

If you have a question about any of these Terms, please contact us at hello@pricelevel.com.