Terms of Service

Last revised on August 26, 2026

Welcome to the Terms of Service (these “Terms”) for the website, https://heylever.com and its subdomains (the “Website”), and any related Mac OS application or other computer or mobile applications (the “Apps”) operated on behalf of Palette Labs, Inc. d/b/a Lever (“Company”, “we”, “us”, “our”). The Website and any content, tools, features and functionality offered on or through our Website and the Apps are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

SECTION 10 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 10.

Table of contents

  1. Who may use the services
  2. User accounts
  3. Using the services
  4. Paid services
  5. Location of our privacy notice and acceptable use policy
  6. Rights we grant you
  7. Ownership
  8. Third party services and materials
  9. Disclaimers, limitations of liability and indemnification
  10. Arbitration and class action waiver
  11. Additional provisions
  12. SMS/text messaging

1. Who may use the services

You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. User accounts

Creating and safeguarding your account

To use certain of the Services, you may need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your log-in credentials. We are not liable for any acts or omissions by you in connection with your Account. You may not allow anyone else to use your Account. You must immediately notify us at support@heylever.com if you know or have any reason to suspect that your Account or log-in credentials have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You may only create one Account at a time to use the Services, unless we agree otherwise. You agree not to create any Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise.

3. Using the services

Inputs, outputs and actions

The Services provide a personal assistant powered by artificial intelligence and machine learning technologies (“AI”). As a part of the Services, you may provide or otherwise make available to us (including by connecting third-party services to the Services), actively or passively, prompts, text, documents or other materials and data for processing (“Input”) into the Services, and the Services will use AI tools and functionalities to generate responses, data, instructions and other materials based on your Input (“Output”) or take actions on your behalf (“Actions”) based on your Input. Inputs and Outputs are collectively referred to in these Terms as “Materials”.

Input

By submitting or making available any Input through the Services, you represent that (i) you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services, (ii) your submission of an Input in connection with your use of the Services, including to generate Output or take Actions, will not breach or violate any third party’s rights, third party’s terms and conditions or applicable law, and (iii) your Input will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to provide the Input and to allow us to use the Input as described in these Terms.

Connected services

The Services may interact with third-party websites, applications and services on your behalf (each, a “Connected Service”). You hereby authorize the Services to access and interact with Connected Services on your behalf. You also authorize us to access, copy, collect, and index data from your Connected Services, exchange data with your Connected Services and take Actions on Connected Services on your behalf. For clarity, data collected by the Services from your Connected Services is considered your Input, and data generated and provided by the Services to Connected Services is considered your Output. You are solely responsible for ensuring that interactions the Services take with any Connected Service on your behalf are permitted under the terms and conditions that apply to your use of such Connected Service.

If you want us to delete your Connected Service Input data that we have indexed, you can request deletion by visiting your Workspace. Note, even if you disconnect a Connected Service, we may still use the indexed Connected Service Input data unless you follow the instructions to request deletion.

Actions

You authorize the Services to take Actions on your behalf as the Services may deem are responsive to your Input. When the Services take an Action on a Connected Service on your behalf, including to make a purchase, you agree that (i) our Services are merely facilitating your interactions with such Connected Service by exchanging data with such Connected Service on your behalf; (ii) you authorize the Services to share your relevant information to the Connected Service or their payment provider, including your payment method in connection with any purchase; (iii) for any Actions to make a purchase on a Connected Service, (A) neither we nor our Services are processing payment for any purchase, (B) you, not us, are making such purchase, (C) we are not the buyer or seller or otherwise a party to such transaction, (D) such purchase is subject to the Connected Service provider’s terms and conditions, including pricing, fees, shipping, cancellation and refund policies, and (E) disputes regarding any such purchase are between you and the applicable Connected Service provider, not us. You hereby appoint the Services as your agent to enter into agreements, commitments or transactions on your behalf or confirm your acceptance to the terms and conditions of any such third party service or application that the Services interact with on your behalf as part of such Actions. Any such agreements or commitments shall be binding on you as if entered into directly by you.

Materials

The Company does not claim any ownership in your Materials; provided that, for clarity, the Company, its affiliates or their respective licensors own and will continue to own the Services and all technologies that were used to generate Outputs or take Actions. Due to the nature of AI technologies, the Company makes no representation or warranty to you that any copyright or other intellectual property rights will vest in any Output. Other users may create and use their own output that is similar or the same as your Output, such as because the same or similar input was provided, and you agree that such other users can use their own independently created output for their own purposes.

You agree that we may use Materials to develop, provide, maintain and improve the Services and our other products and services, including training AI models, and for any purpose specified in our Privacy Notice, subject to your opt-out rights and Vault materials as outlined below. However, for Materials that you add to our feature of the Service known as the “Vault” (or its successor name), we will only use such Materials to provide the Services to you and will not use such Materials to train AI models.

If you do not want us to use your Materials to train AI models, you can opt out by visiting https://app.heylever.com/settings. Even if you opt out, we may still use your Materials for AI model training when your Materials are flagged for safety review to improve our ability to detect harmful content, enforce our policies or advance our safety research. This opt out applies on a go-forward basis and applies only to model training and not, for clarity, other types of improvements to the Services. Please note that such opt out may limit the ability of our Services to better address your specific use case. We may still use AI models previously trained, fine-tuned or improved on your Materials prior to your opting out.

Responsibilities and acknowledgment of risks

The Services are not error-free and may generate Output containing incorrect or incomplete information or make errors in its Actions. Please be careful when using the Services to take Actions as Actions may not always be reversible. Please verify the accuracy of any Output and its suitability for your use case before relying on it. You are responsible for your Inputs, Actions, and use of any Output, including all consequences, whether financial, contractual, legal, reputational, or otherwise, arising from any Action or your use of any Output. You acknowledge that the accuracy and completeness of any Action depends on the Input you provide. If you provide Input that is inaccurate, incomplete, or otherwise insufficient, the resulting Action may be incorrect, incomplete, or otherwise not as you intended. You are responsible for evaluating the suitability of the Services for your intended Actions. We are not responsible for any unintended Actions or any loss, damage, charge, liability, or other consequence arising from Actions, including interactions with any Connected Services on your behalf.

You represent and warrant that you have all necessary rights, licenses, permissions and authority to provide or make available to authorize the Services to take Actions on your behalf, and to use any payment method, account credential, password or other access method you provide or make available to the Services (including for Connected Services). You agree that your Actions and use of Output will not violate these Terms, any third-party terms and conditions, any third-party’s rights, or applicable laws.

You will not use the Services to take Actions or rely on Output where doing so without meaningful human review would be unlawful, unsafe, or otherwise inappropriate. We may implement safeguards, confirmation requirements, or other controls on certain Actions; however, we make no representation or warranty that such safeguards will prevent unintended or erroneous Actions. As such, you remain responsible for configuring any additional safeguards or restrictions on Actions, including appropriate security settings, permissions, and sharing settings on each Connected Service. Records of Actions available through the Services may not always be accurate. You are responsible for independently verifying the accuracy and appropriateness of Actions and regularly monitoring Actions.

4. Paid services

You may be required to pay us fees to access or use certain features of our Services. If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars, and authorize us or our payment processor to charge your credit card or other payment method for such amount. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You acknowledge and agree that all information you provide with regards to a purchase of our paid Services, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide. Your access to paid Services will not be provided until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility. The Company may, at any time, revise or change the pricing for the Services, or any portion thereof. You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us. Except to the extent required by applicable law, all payments are non-refundable.

5. Location of our privacy notice and acceptable use policy

Privacy notice

Our Privacy Notice describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Notice located at https://heylever.com/privacy/.

Acceptable use policy

Our Acceptable Use Policy describes our rules of behaviour and engagement when you use the Services, including certain activities or uses that are prohibited or restricted when using the Services. By agreeing to these Terms, you agree to comply with, and not use the Services in any manner prohibited by, our Acceptable Use Policy.

6. Rights we grant you

Right to use services

We hereby permit you to use the Services for your personal use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the Apps onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that the Company, in its sole discretion, may elect to take.

Restrictions on your use of the services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

Use of the app

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

Mobile software from the Apple App Store

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Beta offerings

From time to time, we may, in our sole discretion, make available certain of our Services on a test or beta basis, or include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis (“Closed Beta Offerings”), we will notify you of such as part of your use of the Beta Offerings. For any such Closed Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Closed Beta Offerings or any Output generated by any Closed Beta Offering without our prior written consent. In furtherance of the foregoing, you agree not to post screenshots, videos, streams or other content about the Closed Beta Offerings or Output unless we permit otherwise.

7. Ownership

Ownership of the services

The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than your Materials), including, without limitation, the exclusive right to create derivative works.

Ownership of trademarks

The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Ownership of feedback

We welcome feedback, comments and suggestions for improvements to, or other information relating to your experience and practice relating to, the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Usage data

The Services may generate diagnostic, technical or other usage data relating to how you interact with the Services (“Usage Data”). We may use or disclose Usage Data in de-identified or aggregated forms for any lawful purpose, including to provide, operate, develop, and improve our technologies, products and services.

8. Third party services and materials

Use of third party materials in the services

Certain Services may display, include or make available content, data, information, services, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. Third Party Materials include third party software, such as third party large language models, that are included in the Services and Connected Services. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Your access and use of Third Party Materials may be governed by additional terms and conditions of the provider of such Third Party Materials, which you agree to comply with.

9. Disclaimers, limitations of liability and indemnification

Disclaimers

Your access to and use of the Services, including Actions taken via the Services, and your use of any Output are at your own risk. You understand and agree that the Services, Outputs and Actions are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services and any Action or Output generated by the Services; (b) any harm to your computer system, loss of data (including data in Connected Services), or other harm that results from your access to or use of the Services or any Action performed by the Services; (c) the operation or compatibility with any other application or any particular system or device, including any Connected Service; (d) your Actions and Outputs; (e) whether the Services, Actions or Outputs will meet your requirements or whether the Services be available on an uninterrupted, secure or error-free basis; and (f) the deletion of, or the failure to store or transmit, your Materials and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. You should not rely on the Services or any Action or Output for advice of any kind, including medical, legal, investment, financial or other professional advice. Any Action or Output is not a substitute for advice from a qualified professional. Nothing in these Terms or the Services creates a fiduciary, employment, joint venture, partnership or similar relationship between you and the Company.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

Limitations of liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES FOR THE SERVICES, IF ANY, IN THE PAST SIX (6) MONTHS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your Input and Actions and your use of any Output, or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that the Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with the Company in the defense or settlement of such claim.

10. Arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal process first

You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Arbitration agreement and class action waiver

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Exceptions

Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:

Costs of arbitration

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Opt-out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@heylever.com. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

Waiver of right to bring class action and representative claims

To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

11. Additional provisions

SMS messaging and phone calls

Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Services. You also understand that you may opt out of receiving text messages from us at any time, either by texting a reply with the word “STOP” using the mobile device that is receiving the messages, or by contacting support@heylever.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Notice.

Changes to the services

We may change the content, features, and other services provided as part of the Services from time to time, and we do not guarantee that any particular content, feature, or other service will always be available through the Services.

Updating these terms

We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

Termination of license and your account

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of your Materials. The Company shall not be responsible for the failure to delete or deletion of your Materials. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

Injunctive relief

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

California residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Export laws

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth above, or if arbitration does not apply, then the state and federal courts located in San Francisco, California.

How to contact us

You may contact us regarding the Services or these Terms by e-mail at support@heylever.com.

12. SMS/text messaging

We send one-time passcode (OTP) text messages to verify sign-ins. When you enter your phone number on our sign-in page and request a sign-in code, you consent to receive a single text message containing a one-time verification code for that request. The consent disclosure shown above the Send code button also covers a welcome text when your spot becomes available, waitlist updates, and occasional tips and product news, which may be sent with automated technology; marketing messages are not a condition of joining. Message frequency varies; typically one message per sign-in request, plus occasional updates as described above. Message and data rates may apply. Reply STOP to cancel and stop receiving text messages from us (after opting out you will no longer receive sign-in codes by text message; reply START to resume). Reply HELP for help, or contact us at privacy@heylever.com. Wireless carriers are not liable for delayed or undelivered messages. See our SMS/Text Messaging Terms and SMS/Text Messaging Privacy Statement for the full program terms.