1. These Terms and Conditions define the types and scope of services provided electronically, the conditions for their provision, including technical requirements, the conditions for concluding and terminating contracts for the provision of electronic services, the rules for sending commercial information, the procedure for handling complaints, the principles of copyright protection, data protection rules, and the extent of the provider’s liability.
2. The provider of services provided electronically under these Terms and Conditions (hereinafter referred to as “Levelly Services”) is Levelly.ai Simple Joint-Stock Company (hereinafter referred to as “Levelly” or “Provider”), based in Warsaw, ul. Chłodna 51, 00-867 Warsaw, Poland, registered in the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Division of the National Court Register, under number KRS 0001141060, NIP 5243023972, REGON 540471365.
3. Levelly Services are provided by the Provider via the Platform. Levelly Services enable the Recipient to streamline HR analytics processes, particularly for pay gap and salary data. The current scope of functionality and pricing is available on the Website at http://levelly.ai/pricing.
4. These Terms and Conditions, along with the Privacy Policy and Data Processing Agreement, constitute a binding “Agreement” entered into between the Recipient and Levelly.
Unless the context indicates otherwise, the following terms shall have the following meanings:
Provider / Levelly – Levelly.ai, a Simple Joint-Stock Company based in Warsaw, ul. Chłodna 51, 00-867 Warsaw, KRS 0001141060, NIP 5243023972, REGON 540471365.
Account – an account created on the Platform by providing an email address, password, and the name of the organisation. The Account is necessary to use Levelly’s Services.
Recipient – a business entity entering into an Agreement with the Provider for the provision of services via electronic means. The entity manages the Account and grants access to its Users.
Trial Period – the period of access to the Platform during which it is possible to familiarise oneself with Levelly’s Services, provided free of charge for testing and promotional purposes.
Regulations – these regulations for the provision of Levelly’s Services.
Website – the Provider’s website, available at http://levelly.ai/ and http://portal.levelly.ai/, serving as one channel for accessing Levelly’s Services.
Subscription – paid access to Levelly’s Services for a specified period, renewed cyclically (monthly or annually). Activating a Subscription constitutes a declaration of intent resulting in the conclusion of an Agreement.
Platform – a system of web pages and applications provided by the Provider, available at https://portal.levelly.ai/.
Services / Levelly Services – the provision to the Recipient and Users, electronically via the Platform, of a set of functionalities and access to the resources of the IT system.
User – an entity using the Platform within the Account, who has received access from the Recipient.
1. The Provider enables paid access to Levelly Services through the Platform.
2. The Recipient and Users can, in the course of using the Platform, among other things:
3. Levelly Services may have restrictions on the availability of certain functionalities depending on the chosen Subscription. The current scope is available at http://levelly.ai/pricing.
4. The provision of electronic services takes place under the conditions specified in the Terms and Conditions, unless a separate agreement stipulates otherwise.
5. To allow potential Recipients to familiarise themselves with Levelly Services, the Provider grants a free, time-limited right to use Levelly Services (“Trial Period”).
6. Information about the current length of the Trial Period is always provided on the Website at http://levelly.ai/pricing.
7. To begin the Trial Period, it is necessary to create an Account and submit a declaration of acceptance of the Terms and Conditions.
8. During the Trial Period, the potential Recipient has access to the full range of Levelly Services and technical support.
9. During the Trial Period, the Recipient may withdraw from using Levelly Services without providing a reason. If the Subscription is not activated, the Account will be automatically blocked and all entered data will subsequently be deleted.
10. After the Trial Period ends, in order to ensure continued access to Levelly Services, the Recipient is obliged to activate the Subscription.
1. The Provider does not provide Levelly Services to consumers.
2. Before starting to use the Levelly Services, the Recipient confirms that they have read the Terms and Conditions and accept all their provisions.
3. In order to begin using the Levelly Services, the Recipient must create an Account on the Platform via the Website, providing an email address, password, organisation name, and number of employees.
4. The email address and password established during Account creation allow access for the first User. Logins for subsequent Users are added by the first User during system configuration.
5. Billing details must be completed by the Recipient in the Service no later than at the time of Subscription activation.
1. The Contract is concluded at the time of: (i) activating the Subscription and (ii) paying the subscription fee for the first billing period. Alternatively, the Contract may be concluded by signing a separate service provision agreement.
2. Only a person duly authorised to perform legal actions on behalf of the Recipient may conclude the Contract.
3. By activating the Subscription, the Recipient agrees to be bound by the Contract.
4. By accepting the Terms and Conditions, the Recipient declares they have full legal capacity and the necessary authorisations to conclude the Contract.
1. The Provider has the right to terminate the provision of Levelly Services with immediate effect in the event that the Recipient:
2. In the event of termination, the Recipient will immediately lose access to all Levelly Services, and fees paid for the billing period in which the Agreement was terminated shall not be refunded.
3. The Provider has the right to suspend Levelly Services in the event of any debt on the Recipient’s account until the entirety of the debt has been repaid.
4. The Recipient may terminate the Agreement at any time by cancelling the Subscription, effective at the end of the currently paid Subscription period.
5. In terminating the Agreement, the Recipient is obliged to pay any outstanding amounts owed to the Provider.
6. Access to Levelly Services will be automatically blocked at the end of the last day of the currently paid Subscription period.
7. Fees paid are non-refundable for both annual and monthly subscriptions.
8. After termination, the Provider will allow the Recipient to download data for a further 14 days, after which automatic account deletion will commence.
1. The Recipient undertakes to provide the Supplier with information that is true and accurate, to refrain from using content that is unlawful, and to share information necessary for the proper execution of the Services.
2. By using Levelly Services, the Recipient is obliged to act in accordance with the law and good manners, respecting personal rights and intellectual property rights of third parties.
3. The Recipient alone is responsible for the consequences of actions taken by the Recipient or Users added within the Recipient’s Account.
4. The Recipient is obliged to cooperate with the Supplier during the provision of Services.
5. The Recipient may not transfer rights and obligations arising from the contract to other entities without the prior written consent of the Supplier, under penalty of nullity.
1. The Provider declares that the Platform is available continuously, while warning about the possibility of temporary limitations for technical reasons (e.g. repairs, maintenance, modernisation, or expansion).
2. The Provider informs with several days’ notice about longer planned technical breaks and, whenever possible, schedules downtimes during hours of reduced usage.
3. In the event of a technical break lasting more than 24 hours, the Recipient may extend the validity of their Subscription period by the number of days it lasted. To exercise this right, the Recipient should contact the Provider.
4. The Provider has the right to block or remove the Recipient’s account if:
5. The Provider reserves the right to modify the Platform and Levelly Services and informs about significant changes via email or by publishing information on the Website.
6. In the event that a modification is detrimental to the Recipient (limits the number of Services or functionality), the Recipient has the right to continue under current terms until the end of the current billing period or to accept the modification. Lack of acceptance is equivalent to terminating Levelly Services at the end of the current billing period.
7. The Provider has the right to place marketing content regarding its services in the Service and on the Website.
8. The Provider may send commercial information regarding Levelly Services to the email address provided during account creation, upon the Recipient’s separate consent.
9. The use of the Recipient’s trademark (logo) by the Provider requires prior consent from the Recipient expressed in at least documentary form. The Recipient may revoke consent at any time by sending a statement to info@levelly.ai. The Provider will remove the logo within 7 working days of receiving the withdrawal.
1. The Recipient, upon activating the Subscription, undertakes to make recurring payments for Levelly Services in accordance with the current Pricing List.
2. Levelly Services are continuous in nature. The following billing periods are provided: monthly and annual, calculated from the Subscription’s activation date or from the last day of the Trial Period.
3. The activation of the Subscription is deemed to be the Recipient’s consent to be charged for the next billing period, unless the Service is deactivated before the end of the ongoing billing period.
4. At the time of Subscription activation, the system charges the fee for the first billing period in advance and extends access for the selected billing period.
5. For changes with an annual billing cycle, the system charges fees in advance, proportionally to the remaining months until the end of the billing period.
6. For changes with a monthly billing cycle, the system adds the applicable fee to the next billing cycle.
7. On the last day of the current billing period, the system automatically charges the payment card linked to the Account or issues an invoice for the next billing period.
8. Upon receiving payment, the system automatically extends access.
9. Payments are made using a payment card (Visa, MasterCard, Maestro, American Express) via an online payment system, or by bank transfer.
10. By choosing a payment card, the Recipient consents to be charged for all due fees.
11. By choosing a payment card, the Recipient consents to the use of external intermediaries in the payment process and the disclosure of transaction-related data to them.
12. An invoice will be issued no later than the 15th day of the month following the month in which the payment was made and will be available on the Platform.
13. Service prices are stated in net amounts (excluding VAT) and will be increased by the applicable VAT rate.
14. The price depends on the selected billing period, Subscription parameters, and the nature of the services provided.
15. Prices for services provided may change. Changes will be announced on the Platform and will take effect no earlier than at the end of the current billing period. The Recipient may terminate the contract if they do not accept the new charges.
16. Fees paid are non-refundable, both for annual and monthly subscriptions.
1. Every Recipient may submit a complaint regarding non-performance or improper performance of the Service or an incorrectly issued invoice.
2. Complaints should be submitted within 30 days of the date of the occurrence of the damage via electronic mail to info@levelly.ai.
3. The complaint submission should indicate:
4. A complaint regarding an incorrectly issued invoice should include the invoice number and its amount, as well as the indication of the inaccuracies.
5. Complaints will be addressed within 30 days from the date of receipt. In justified cases, this period may be extended. If additional information is necessary, the Supplier will request it, and the time to address the complaint will be counted from the date the information is delivered.
6. The decision regarding the complaint will be sent to the Recipient’s email address.
1. The Supplier will make every effort to ensure the proper functioning of the Platform.
2. The Supplier is not liable for technical issues or limitations in the computer hardware used by the Recipient or Users which prevent the use of the Platform.
3. The Supplier is not responsible for damages resulting from improper use of the Platform, the introduction of false or incomplete data, or faulty operation of hardware, software, or connectivity methods used by the Recipient and Users.
4. The Supplier is not responsible for damages due to software failures, data loss, or temporary unavailability of the Platform, nor for business decisions made by the Recipient in connection with the use of Levelly Services.
5. The Supplier is not responsible for damages caused by the Recipient disclosing access data to third parties, such as login, password, or API key.
6. The Supplier is not liable for any actions or obligations of the Recipient arising from the use of Levelly Services, including accounting and tax obligations.
7. The Supplier is not responsible for non-fulfilment or improper fulfilment of the Agreement due to reasons attributable to third parties or due to acts of God.
1. The personal data of the Recipient is processed in accordance with applicable laws, including the Act of 10 May 2018 on the Protection of Personal Data and the GDPR Regulation (EU) 2016/679.
2. The Provider processes data provided by Recipients in order to fulfil the Agreement. Personal data will not be disclosed to entities other than the Provider and its cooperating entities, in particular external payment providers.
3. Detailed information on the processing of personal data is available in the Privacy Policy at https://levelly.ai/privacy.
4. In order to fulfil the Agreement, the Provider may process the personal data of individuals for whom the Recipient is the data controller. The rules for processing this data are governed by a separate Data Processing Agreement.
1. All elements of the Website and Levelly Services, including software, texts, graphics, logos, images, audio and video recordings, reports, and other materials, are the property of the Provider or entities with which the Provider has entered into relevant agreements, and are protected under applicable law.
2. The Recipient is not entitled to remove, obscure, modify, or hinder the reading of trademarks, copyright information, or other indications concerning intellectual property rights. In particular, it is prohibited to remove or modify the Levelly logo on materials generated during the use of Levelly Services, unless the Provider has given prior, explicit consent.
3. The use of elements referred to in paragraph 1 in a manner contrary to the purpose defined by the Provider is prohibited. The Recipient bears full responsibility for any damages incurred by the Provider in connection with the infringement of intellectual property rights.
1. Access to Levelly Services is only possible via an Internet connection. A recommended bandwidth of at least 5 Mbps.
2. Technical requirements necessary to use Levelly Services:
1. The Provider reserves the right to unilaterally change the Terms and Conditions.
2. The Provider informs Recipients of the intention to change the Terms by making the content of the new Terms available on the Website, and in the case of significant changes, also via electronic mail.
3. The change to the Terms comes into force after a transition period of no less than 21 days counted from the date of publication of the new Terms on the Website or the date of sending via email, depending on which event occurs later.
4. During the Transition Period, the Recipient may inform the Provider of their objection to the changes. The absence of such notification is considered as the Recipient’s consent to the new Terms. If the Recipient does not agree, Levelly Services will be deactivated after the end of the current billing period.
5. The Provider also reserves the right to:
6. Any disputes arising from the performance of the Agreement shall be subject to the jurisdiction of Polish courts and shall be resolved in accordance with Polish law.
7. In matters not regulated by the Terms, the generally applicable provisions of Polish law shall apply, in particular the Act of 23 April 1964, the Civil Code and the Act of 18 July 2002 on the provision of electronic services.
8. The competent court shall be the court relevant to the Provider’s registered office.