Terms of Service

Effective Date: June 1, 2026

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you (individually or on behalf of a business entity, "Customer," "you," or "your") and Level Up Technology LLC, a California Limited Liability Company, doing business as Level Up Labs ("Level Up Labs," "we," "us," or "our"), governing your access to and use of the Factimonious software-as-a-service platform, including all associated APIs, documentation, and features (collectively, the "Service").

BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY AND AI & MACHINE LEARNING DATA USE POLICY, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE.

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

2. Description of Service

Factimonious (The Service) is a SaaS platform that processes code repository activity, code changes, and related software engineering signals to produce both deterministic and non-deterministic (e.g., AI-generated) daily standup summaries, grounded, semantically-tagged weekly retrospective reports, and other verifiable codebase confidence analyses for software development teams.

The Service integrates with Customer-authorized code repositories and development toolchains to ingest activity data solely for the purposes described herein. Customer Data follows two distinct paths: (i) account-linked Service Delivery Data (including Session Results) used to deliver the Service to a Customer, which is NOT anonymized and is treated as personal data; and (ii) a separately aggregated, genuinely anonymized dataset used for AI/ML training and testing. These two paths are further described in our Privacy Policy, Technical and Organisational Measures (TOMs) document, and AI & Machine Learning Data Use Policy.

Level Up Labs reserves the right to modify, enhance, or discontinue any feature of the Service with reasonable advance notice where practicable.

3. Account Registration and Security

To access the Service, you must create an account and provide accurate, complete, and current information. You agree to:

Maintain the confidentiality of your account credentials and not share them with any third party;

Immediately notify us of any unauthorized access to or use of your account;

Accept responsibility for all activity occurring under your account;

Ensure that all users accessing the Service under your account comply with these Terms.

Level Up Labs is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. Subscriptions, Fees, and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis. Subscription plans, pricing, and features are described on the Factimonious pricing page, which may be updated from time to time. Continued use of the Service after a pricing update constitutes acceptance of the revised pricing.

4.2 Payment Processing

All payments are processed by Stripe, Inc. ("Stripe"), our third-party payment processor. By providing your payment information, you authorize Stripe to charge your designated payment method for all applicable fees. Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy available at stripe.com. Level Up Labs does not store, access, or process your full payment card details.

4.3 Billing and Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. Cancellation takes effect at the end of the current billing period; no pro-rated refunds are issued for partial periods unless otherwise required by applicable law, except that if Customer terminates these Terms under DPA Section 6 because Customer reasonably objects to a new Sub-Processor and Level Up Labs does not offer a suitable alternative, Customer will receive a pro-rated refund of prepaid fees for the terminated portion of the then-current billing period.

4.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for all such taxes associated with your purchases, except for taxes based on our net income.

4.5 Disputed Charges

If you believe a charge is incorrect, please contact us within thirty (30) days of the charge date. We will work with you and Stripe to investigate and, where appropriate, provide a credit or refund.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any manner that violates applicable law or regulation;

Upload, transmit, or otherwise make available content that is unlawful, harmful, or infringes the intellectual property rights of any third party;

Attempt to gain unauthorized access to any portion of the Service or its related systems or networks;

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;

Use automated means that impose an unreasonable burden on our infrastructure;

Interfere with or disrupt the integrity or performance of the Service;

Remove or obscure any proprietary rights notices on or in the Service;

Use the Service to develop a competing product or service.

Level Up Labs reserves the right to suspend or terminate accounts that violate these use restrictions without prior notice.

6. Customer Data, Anonymization, and Data Processing Agreement

The Service accesses and analyzes data from Customer-authorized code repositories and engineering toolchains ("Customer Data"). As described in our Privacy Policy, DPA, and TOMs document, Customer Data is handled under a two-path architecture: Path 1 Service Delivery Data (including Session Results, which are retained on an account-linked basis and are NOT anonymized) is used to provide the Service to Customer and is treated as personal data; Path 2 AI/ML Training Data is a separately aggregated dataset that is genuinely anonymized – aggregated across Customers and time periods sufficient to prevent attribution to any individual or Customer – before any AI/ML training use. Customer’s raw code repository contents are accessed transiently for analysis and are not retained by Level Up Labs.

The Path 2 anonymized, aggregated dataset described above is used by Level Up Labs to train, test, evaluate, and improve the AI and machine learning models that power the Service. This use is a core and non-severable aspect of the Service. Customers acknowledge and agree that there is no right to opt out of this Path 2 anonymized data use for AI/ML training and testing. For full details, please review our AI & Machine Learning Data Use Policy.

In addition, Level Up Labs may use a Customer's own Path 1 account-linked usage data – including activity signals, workflow patterns, and feature engagement metrics, which are NOT anonymized – to generate product recommendations directed back to that specific Customer (for example, suggesting features, configuration options, or integrations that may be relevant based on that Customer's observed usage patterns). Because this personalization feature uses account-linked personal data rather than anonymized data, Customers and authorized users may opt out of it at any time as described in the Privacy Policy and AI & Machine Learning Data Use Policy, without affecting their ability to use the Service or the Path 2 AI/ML training described above.

Customer retains all right, title, and interest in and to Customer Data. By using the Service, you grant us a limited, non-exclusive, worldwide license to access and process Customer Data solely to provide and improve the Service as described in these Terms and our Privacy Policy.

Data Processing Agreement. The processing of personal data of Customers and their authorized users in connection with the Service is governed by the Level Up Labs Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference and forms part of this agreement, with jurisdiction-specific protections applying automatically as set out in the DPA. By accepting these Terms, you agree to the DPA on behalf of yourself and, where applicable, your organization. The DPA is available at https://platform.factimonious.ai/legal/dpa. Customers may also request a signed copy of the DPA for enterprise contracting purposes by contacting us at factimoniousprivacy@factimonious.ai.

7. Intellectual Property

Level Up Labs and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, models, reports, user interfaces, designs, and documentation (collectively, "Level Up Labs IP"). These Terms do not transfer any ownership interest in Level Up Labs IP to you.

Service Outputs (including standup summaries, retrospective reports, and codebase confidence scores) are made available to you for internal business use. Service Outputs are generated by AI systems and should be reviewed by qualified personnel before reliance.

Any feedback or suggestions you provide may be used by us without restriction or obligation.

8. Confidentiality

Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. "Confidential Information" means any non-public information designated as confidential or that should reasonably be understood as such. Confidentiality obligations do not apply to information that is or becomes publicly known, was rightfully known before receipt, is independently developed, or must be disclosed by law.

9. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy and AI & Machine Learning Data Use Policy. By using the Service, you consent to these practices. Privacy-related requests may be directed to factimoniousprivacy@factimonious.ai.

10. Third-Party Services and Integrations

The Service may integrate with third-party services including code repositories, project management tools, and communication platforms. Your use of such third-party services is governed by the applicable third-party terms and privacy policies. We are not responsible for third-party provider practices.

Payment services are provided by Stripe. Please review Stripe's privacy policy and terms at stripe.com.

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEVEL UP LABS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LEVEL UP LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT SERVICE OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF SERVICE OUTPUTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEVEL UP LABS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL LEVEL UP LABS'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF: (A) FEES PAID BY YOU TO LEVEL UP LABS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS (US $100.00). THE FOREGOING LIMITATION DOES NOT APPLY TO: (I) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13; (II) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8; (III) LEVEL UP LABS'S BREACH OF THE DPA RESULTING IN A PERSONAL DATA BREACH CAUSED BY LEVEL UP LABS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (IV) EITHER PARTY'S LIABILITY FOR FRAUD OR FOR DEATH, PERSONAL INJURY, OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY ITS NEGLIGENCE, IN EACH CASE TO THE EXTENT SUCH LIMITATION IS NOT PERMITTED UNDER APPLICABLE LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Level Up Labs, Level Up Technology LLC, and their respective affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your Customer Data; or (d) your violation of any law or the rights of any third party. Level Up Labs agrees to indemnify, defend, and hold harmless Customer and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys' fees) arising out of a third party's claim that the Service, as provided by Level Up Labs and used in accordance with these Terms, infringes or misappropriates that third party's intellectual property rights, except to the extent the claim arises from Customer Data, Customer's modifications to the Service, or Customer's use of the Service in violation of these Terms.

14. Term and Termination

These Terms remain in effect for as long as you maintain an account or subscription. You may terminate at any time. We may terminate or suspend your account immediately upon notice if you breach these Terms, or for convenience upon thirty (30) days' written notice.

Upon termination: (a) your right to access the Service ceases; (b) we will return or delete your Customer Data in accordance with Section 9 of the DPA; (c) provisions that by their nature should survive will survive, including Sections 7, 8, 11, 12, 13, 15, and 16.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California and the federal laws of the United States, without regard to conflict-of-law principles. Disputes shall be resolved by binding arbitration administered by JAMS in Los Angeles County, California, except that either party may seek injunctive relief in any court of competent jurisdiction. YOU AND LEVEL UP LABS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS-ACTION LITIGATION. Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction that grants you non-waivable rights to a particular forum, governing law, or dispute-resolution mechanism (including, without limitation, the EU, UK, EEA, or Switzerland, or a U.S. state that limits mandatory pre-dispute arbitration of consumer claims), this Section applies only to the extent permitted by, and does not limit any mandatory right or protection available to you under, the law of your jurisdiction of residence.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, AI & Machine Learning Data Use Policy, and any applicable Order Form or DPA, constitute the entire agreement between the parties.

Modifications. We may update these Terms. Material changes will be communicated at least fourteen (14) days before taking effect. Continued use constitutes acceptance.

Severability. If any provision is found unenforceable, remaining provisions remain in full force.

Waiver. Failure to enforce any provision does not constitute a waiver of future enforcement.

Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party is liable for delays resulting from events beyond its reasonable control.

17. Contact Information

Level Up Labs (a DBA of Level Up Technology LLC)

Legal and Privacy Inquiries:

Email: factimoniousprivacy@factimonious.ai

Website: https://factimonious.ai