Issue 01● NOW BOOKING · JULY 2026

Levelset Terms and Conditions

Last updated: June 18, 2026

These Terms and Conditions ("Terms") govern your access to and use of the Levelset platform, websites, assessments, reports, and related services (collectively, the "Services") operated by Tempr Holdings, LLC, a North Carolina limited liability company ("Levelset," "we," "us," or "our"). By accessing or using the Services, by clicking "I agree," or by signing an order form or accepting a payment link that references these Terms, you ("you," "Customer," or "User") agree to be bound by these Terms. If you do not agree, do not access or use the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

1. Definitions

"Customer Content" means any data, responses, documents, inputs, or other material that you or your authorized users submit to the Services, including responses provided during diagnostic interviews and assessments.

"Output" means the assessments, scores, analyses, reports, recommendations, and other material the Services generate based on Customer Content.

"Authorized User" means an individual you permit to access the Services under your account.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for business and professional use, not for consumers acting for personal, family, or household purposes.

3. Description of the Services

Levelset provides AI-assisted organizational diagnostic assessments. The Services collect information from you and your Authorized Users, apply a structured methodology and artificial intelligence to that information, and produce Output intended to support your own decision-making. The scope of any specific engagement is defined in the applicable order form, statement of work, or payment link.

We may modify, add, or remove features of the Services at any time. We will use reasonable efforts to notify you of material changes that adversely affect a paid engagement.

4. Accounts and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. You are responsible for ensuring your Authorized Users comply with these Terms.

5. AI Disclosure

In the interest of transparency, and consistent with guidance from the U.S. Federal Trade Commission (FTC) regarding the use of artificial intelligence:

  1. The Services use artificial intelligence. The assessments, analyses, scores, and reports you receive are generated, in whole or in part, by automated systems and large language models, applied to the information you provide. Output is not authored by a licensed professional reviewing your specific situation in person.
  2. AI output can be wrong, incomplete, or inconsistent. Automated systems may produce results that are inaccurate, outdated, biased, or that do not reflect the full context of your organization. You should independently review and verify any Output before relying on it.
  3. No guaranteed results. Any statements we make about what the Services can do reflect our good-faith understanding of typical performance. We do not promise any particular score, outcome, business result, financial result, or return. Results vary by organization and by how Output is used.
  4. You are interacting with software. Where the Services use conversational or interview-style features, you are interacting with automated technology, not a human, unless we expressly tell you otherwise.
  5. Human judgment remains yours. The Services are a tool to inform your decisions. They do not replace the judgment of your leadership team or your professional advisors, and all decisions you make based on Output are your own.
  6. How your information feeds the AI is described in Section 13 (Privacy) and in our Privacy Policy.

6. No Professional Advice and No Guaranteed Outcomes

The Output is provided for general informational and decision-support purposes only. It does not constitute legal, financial, accounting, tax, investment, medical, employment, or other professional advice, and it does not create any advisory, fiduciary, or professional relationship between you and Levelset.

You should not act, or refrain from acting, solely on the basis of any Output. Before making decisions that carry legal, financial, personnel, or operational consequences, you should consult qualified professionals who can evaluate your specific facts and circumstances. Levelset is not responsible for decisions you make or actions you take based on the Output.

7. Fees and Payment

Fees for the Services are set out in the applicable order form, statement of work, proposal, or payment link. Unless otherwise stated, fees are quoted in U.S. dollars, are due on the terms shown on the invoice or payment link, and are non-refundable except as expressly provided in a signed agreement. You are responsible for any applicable taxes other than taxes based on our net income. We may suspend access for non-payment after providing reasonable notice.

8. Acceptable Use

You agree not to, and not to permit any Authorized User to:

  1. Use the Services for any unlawful, fraudulent, or deceptive purpose.
  2. Submit content that you do not have the right to submit, or that infringes the rights of any third party.
  3. Submit content that is defamatory, harassing, obscene, hateful, or otherwise objectionable.
  4. Upload malware or attempt to gain unauthorized access to the Services or related systems.
  5. Reverse engineer, decompile, scrape, or attempt to extract the underlying models, prompts, or source code of the Services, except to the extent this restriction is prohibited by law.
  6. Resell, sublicense, or use the Services to build a competing product.
  7. Use the Services to make automated decisions about individuals that produce legal or similarly significant effects without appropriate human oversight.
  8. Use Output in any way that misrepresents it as the advice of a licensed professional.

We may suspend or terminate access for any violation of this Section.

9. User-Generated Content and Customer Content Liability

The Services allow you and your Authorized Users to submit Customer Content, including written responses, uploaded documents, and other inputs (collectively, "User Content").

  1. Ownership. As between you and Levelset, you retain ownership of your User Content.
  2. License to us. You grant Levelset a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and use your User Content solely to provide and improve the Services, to generate Output for you, and as otherwise permitted in our Privacy Policy and any data processing agreement between us. Where we use User Content to improve our models or methodology, we will do so consistent with the privacy commitments described in Section 13.
  3. Your representations. You represent and warrant that you have all rights, consents, and authority necessary to submit your User Content and to grant the license above, and that your User Content does not violate any law or infringe or misappropriate any third party's rights.
  4. No obligation to monitor. We do not pre-screen User Content and are not responsible for it. We may, but are not obligated to, remove or refuse User Content that we believe violates these Terms or applicable law.
  5. Your responsibility for your User Content. You are solely responsible for your User Content and for any consequences of submitting it. To the fullest extent permitted by law, Levelset is not liable for any loss or damage arising from User Content, including any reliance on it by you or any third party, and you assume all risk associated with your User Content.
  6. Sensitive and personal data. You are responsible for ensuring that you have a lawful basis to submit any personal data contained in your User Content, and for providing any required notices to the individuals it concerns. You agree not to submit special categories of sensitive personal data unless we have agreed in writing to process it.
  7. Notice and takedown. If you believe User Content on the Services infringes your rights, contact us at support@trytempr.com with details, and we will respond consistent with applicable law, including the U.S. Digital Millennium Copyright Act where it applies.

10. Intellectual Property

The Services, including the platform, methodology, rubrics, prompts, models, software, design, and all related intellectual property, are owned by Levelset or its licensors and are protected by law. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and the Output for your internal business purposes during your subscription or engagement term.

We retain all rights not expressly granted. Any feedback you provide may be used by us without restriction or obligation to you.

11. Confidentiality

Each party may have access to the other's confidential information. Each party agrees to protect the other's confidential information with at least reasonable care, to use it only to perform under these Terms, and not to disclose it except to those who need to know and are bound by confidentiality obligations. This Section does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law (with notice where permitted).

12. Third-Party Services

The Services rely on third-party providers (for example, hosting, databases, email delivery, payment processing, and AI model providers, including Anthropic). Your use of the Services may be subject to those providers' terms. We are not responsible for third-party services or for any act or omission of a third-party provider, and the availability of the Services may depend on them.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy at letslevelset.com/privacy, which is incorporated into these Terms by reference. Where we process personal data on your behalf, a separate Data Processing Agreement may apply. If you are subject to the EU or UK GDPR, the California Consumer Privacy Act (CCPA/CPRA), or similar laws, the rights and obligations under those laws apply as described in the Privacy Policy.

14. Disclaimer of Warranties

To the fullest extent permitted by law, the Services and Output are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. Levelset disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that the Output will be accurate, complete, reliable, or suitable for any particular purpose. You use the Services and Output at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law:

  1. Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages.
  2. Levelset's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amount you paid to Levelset for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
  3. These limitations apply regardless of the theory of liability and form an essential basis of the bargain between the parties. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Levelset and its officers, members, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Services or Output; (c) your violation of these Terms or any law; or (d) your violation of any third party's rights.

17. Term and Termination

These Terms apply while you access or use the Services. Either party may terminate a paid engagement as set out in the applicable order form. We may suspend or terminate your access immediately for a material breach of these Terms or for any unlawful use. Upon termination, your right to use the Services ends. Sections that by their nature should survive termination (including Sections 6, 9 through 11, and 14 through 19) will survive.

18. Dispute Resolution and Binding Arbitration

Please read this Section carefully. It affects your legal rights, including your right to go to court and to have a jury trial.

18.1 Informal Resolution First

Before starting an arbitration, the parties agree to try in good faith to resolve any dispute informally by written notice to the other party describing the dispute. If the dispute is not resolved within thirty (30) days of that notice, either party may begin arbitration.

18.2 Binding Arbitration (ICC)

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

The following terms supplement the standard clause above:

  1. Number of arbitrators: one (1) sole arbitrator, unless the amount in dispute exceeds USD 1,000,000, in which case three (3) arbitrators.
  2. Seat (place) of arbitration: Raleigh, North Carolina, USA.
  3. Language of arbitration: English.
  4. Governing law of the contract: the laws of the State of North Carolina, without regard to its conflict-of-laws rules.
  5. Confidentiality: The parties agree to keep confidential the existence of the arbitration, the proceedings, the submissions made by the parties, and the decisions of the tribunal, including any award, except as required by applicable law and to the extent not already in the public domain.

18.3 Class Action Waiver

To the fullest extent permitted by law, disputes will be resolved only on an individual basis. You and Levelset waive any right to participate in a class action, collective action, or representative proceeding, and the arbitrator may not consolidate more than one party's claims or preside over any form of class or representative proceeding.

18.4 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, and either party may bring an individual claim in a small claims court if it qualifies.

19. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. Subject to Section 18, any matter not subject to arbitration will be brought exclusively in the state or federal courts located in Wake County, North Carolina, and you consent to their jurisdiction.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

21. General

  1. Force majeure: Neither party is liable for delays or failures caused by events beyond its reasonable control.
  2. Severability: If any provision is found unenforceable, the rest remains in effect.
  3. Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  4. Waiver: Failure to enforce any provision is not a waiver of it.
  5. Entire agreement: These Terms, together with any order form, statement of work, Privacy Policy, and data processing agreement, are the entire agreement between the parties and supersede prior agreements on the same subject.
  6. Notices: Notices to us should be sent to support@trytempr.com. Notices to you may be sent to the email associated with your account.
  7. Electronic communications: You consent to receive communications from us electronically, and you agree that electronic agreements and notices satisfy any legal requirement that they be in writing.
  8. Export and sanctions: You agree to comply with applicable export control and economic sanctions laws.
  9. Relationship: The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

22. Contact

Tempr Holdings, LLC support@trytempr.com Website: letslevelset.com