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Terms of Service

Effective Date: February 13, 2026

1. Introduction & Acceptance

These Terms of Service (“Terms”) govern your access to and use of the Level 5 platform at lvl5.org (the “Service”), operated by Diamond Tree LLC (“Company,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Service.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

2. Description of Service

Level 5 is a cloud-based learning management platform that enables users to create, organize, share, and track learning content. Key features include:

  • Creation and management of training modules, pages, and assessments
  • Content sharing with individuals and groups
  • Progress tracking and completion analytics
  • AI-powered content generation and assistance
  • Team workspaces for collaborative content management
  • Reports and engagement analytics for workspace administrators

The Service is offered in Free, Pro, and Team subscription tiers, each with different features and capabilities.

3. Account Registration & Security

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your password
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or at our sole discretion.

4. Subscription Plans & Billing

Plans

The Service offers the following subscription tiers:

  • Free: Access to shared content and basic features.
  • Pro: Full content creation and sharing capabilities for individual users.
  • Team: Collaborative workspaces with team management, including a base subscription fee plus per-seat charges for additional team members.

Trials

We may offer 14-day free trials of Pro and Team plans. No credit card is required to start a trial. At the end of the trial period, your account will revert to the Free tier unless you subscribe to a paid plan.

Billing & Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection). Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

Refund Policy

Payments are non-refundable. No refunds or credits will be issued for partial subscription periods, unused features, or content not accessed. We reserve the right to make exceptions on a case-by-case basis at our sole discretion.

Payment Processing

All payments are processed by Stripe. By providing payment information, you authorize us to charge the applicable fees through Stripe. Your use of Stripe’s payment services is subject to the Stripe Connected Account Agreement and the Stripe Terms of Service.

5. User Content & Intellectual Property

Your Content

You retain all ownership rights to content you create, upload, or submit to the Service (“User Content”). By posting User Content, you grant Diamond Tree LLC a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Service, including making your content available to users with whom you choose to share it.

Your Responsibilities

You are solely responsible for your User Content, including its legality, accuracy, and appropriateness. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third party’s intellectual property, privacy, or other rights.

Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is and remains the exclusive property of Diamond Tree LLC and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our intellectual property without our prior written consent.

Content Removal

We reserve the right, but have no obligation, to monitor User Content and to remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms or applicable law.

6. AI-Generated Content

The Service includes AI-powered features that generate, summarize, or assist with content creation. These features are powered by third-party AI providers, including Google Gemini, Anthropic Claude, and OpenAI, accessed through OpenRouter and direct API integrations.

BY USING AI FEATURES, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  • No warranty on AI outputs. AI-generated content is provided “as is” without any warranty of accuracy, completeness, reliability, or fitness for any particular purpose. AI outputs may contain errors, inaccuracies, omissions, biases, or hallucinated information.
  • Your responsibility to review. You are solely responsible for reviewing, verifying, editing, and approving all AI-generated content before use, publication, or distribution. You should not rely on AI-generated content without independent verification.
  • Not professional advice. AI-generated content does not constitute and should not be relied upon as professional, legal, medical, financial, HR, compliance, or regulatory advice.
  • Liability exclusion. Diamond Tree LLC is not liable for any decisions, actions, or outcomes based on AI-generated content, including but not limited to employment decisions, compliance determinations, training adequacy assessments, or regulatory submissions.
  • Third-party provider terms. Content submitted to AI features is processed by third-party AI providers and is subject to their respective terms of service and privacy policies. See Section 10 for links.
  • Acceptable use. You must comply with the acceptable use policies of each AI provider when using AI features. You may not use AI features to generate content that is illegal, harmful, discriminatory, or that violates any applicable law or regulation.

7. HR, Compliance & Training Disclaimer

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON THE USE OF THE SERVICE FOR HR, COMPLIANCE, AND REGULATORY TRAINING PURPOSES.

  • Level 5 is a general-purpose content and learning management platform. It is NOT a certified compliance training system, regulatory training platform, or accredited educational institution.
  • The Service is not a substitute for professional HR, legal, compliance, medical, safety, or regulatory advice. Content created or generated on the platform, including AI-generated content, has not been reviewed or approved by any legal, regulatory, or compliance authority.
  • Diamond Tree LLC makes no representations or warranties that any content created, stored, or delivered through the Service meets the requirements of any federal, state, local, or international regulation, including but not limited to OSHA, EEOC, ADA, HIPAA, FERPA, GDPR, or any other regulatory framework.
  • You are solely responsible for ensuring that any training content you create or distribute through the Service meets all applicable legal, regulatory, and industry-specific requirements.
  • Diamond Tree LLC is not liable for any employment decisions, disciplinary actions, terminations, compliance failures, regulatory penalties, fines, audit findings, or legal claims arising from or related to content created, delivered, or tracked through the Service.
  • Diamond Tree LLC is not liable for any claims by employees, trainees, contractors, or third parties arising from content delivered or assessments administered through the Service.
  • Completion tracking, progress metrics, and assessment results provided by the Service are for informational purposes only and do not constitute legal proof of compliance training completion, competency certification, or regulatory fulfillment.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You may not:

  • Use the Service in violation of any applicable local, state, national, or international law or regulation
  • Upload, post, or distribute content that is harmful, threatening, abusive, harassing, defamatory, obscene, discriminatory, or otherwise objectionable
  • Infringe any patent, trademark, copyright, trade secret, or other intellectual property or proprietary right of any party
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity
  • Interfere with or disrupt the Service, servers, or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems or networks connected to the Service
  • Use any robot, spider, scraper, or other automated means to access the Service or extract data without our prior written permission
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Upload or transmit any viruses, malware, or other harmful code
  • Use the Service to send unsolicited communications or spam

9. Privacy & Data Processing

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information.

If you create a Team workspace and invite members or share content with trainees, you acknowledge that:

  • You act as a data controller (or equivalent under applicable law) for the personal data of your team members and trainees that is processed through your workspace.
  • Diamond Tree LLC acts as a data processor for the personal data processed within your Team workspace on your behalf.
  • You are responsible for obtaining appropriate consents from your team members and trainees for the collection and processing of their data through the Service.
  • You are responsible for ensuring your use of team member and trainee data complies with all applicable privacy and data protection laws.

10. Third-Party Services

The Service relies on third-party service providers for core functionality. Your use of the Service is also subject to the applicable terms and policies of these providers:

We are not responsible for the availability, accuracy, or practices of any third-party service. Changes to third-party services, including service interruptions, pricing changes, or policy updates, may affect the functionality of our Service. We are not liable for any such changes.

11. Indemnification

You agree to defend, indemnify, and hold harmless Diamond Tree LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to:

  • Your use of and access to the Service
  • User Content you create, upload, share, or distribute through the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property, privacy, or proprietary rights
  • Any claims arising from your use or distribution of AI-generated content
  • Any claims by employees, trainees, team members, or third parties related to training content you create, share, or administer through the Service
  • Any regulatory or compliance claims arising from your use of the Service for HR, compliance, or training purposes
  • Any unauthorized use of your account resulting from your failure to maintain the security of your credentials

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Liability cap. The total aggregate liability of Diamond Tree LLC arising out of or in connection with these Terms or your use of the Service shall not exceed the total amounts paid by you to Diamond Tree LLC in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars ($100.00), whichever is greater.

Exclusion of damages. In no event shall Diamond Tree LLC, its officers, directors, employees, contractors, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

  • Loss of data, profits, revenue, goodwill, or business opportunities
  • Cost of procurement of substitute goods or services
  • Inaccuracy or unsuitability of AI-generated content
  • Compliance or regulatory failures
  • Employment-related claims or decisions
  • Third-party service failures, outages, or data breaches
  • Unauthorized access to or alteration of your data or transmissions
  • Any matter arising from or related to training content created, shared, or administered through the Service

These exclusions apply regardless of the legal theory upon which the claim is based, whether contract, tort (including negligence), strict liability, warranty, or any other theory, and whether or not Diamond Tree LLC has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of Diamond Tree LLC shall be limited to the fullest extent permitted by applicable law.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Diamond Tree LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and course of performance. Without limiting the foregoing, Diamond Tree LLC does not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate, reliable, or complete
  • AI-generated content will be accurate, complete, appropriate, unbiased, or suitable for any particular purpose
  • The Service will meet any specific regulatory, compliance, or legal requirements
  • User data will never be lost, compromised, or subject to unauthorized access
  • Third-party services integrated with the Service will remain available, functional, or unchanged
  • Defects in the Service will be corrected

14. Class Action Waiver

YOU AND DIAMOND TREE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You expressly waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Diamond Tree LLC. If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision in Section 15 (other than the waiver itself) shall be null and void.

15. Governing Law & Dispute Resolution

A. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

B. Mandatory Mediation

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be submitted to non-binding mediation. Mediation shall take place in Travis County, Texas. The party initiating mediation shall bear the initial cost of the mediator’s fees.

C. Binding Arbitration

If mediation does not resolve the dispute, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association in Travis County, Texas. The arbitrator’s decision shall be final, and judgment on the award may be entered in any court of competent jurisdiction.

D. Costs

Each party shall be solely responsible for its own fees and expenses in both mediation and arbitration, including but not limited to attorneys’ fees, expert fees, and filing fees.

E. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DIAMOND TREE LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

F. Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of the court.

16. DMCA / Copyright Policy

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for details):

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner
  • A description of the copyrighted work claimed to have been infringed
  • Identification of the material on the Service that is claimed to be infringing, with sufficient detail to locate it
  • Your contact information (address, telephone number, and email address)
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Copyright Agent contact: info@lvl5.org

You may be held liable for damages (including costs and attorneys’ fees) for material misrepresentation in a DMCA notice.

17. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or extended inactivity.

You may terminate your account at any time by discontinuing use of the Service and contacting us at info@lvl5.org to request account deletion.

Upon termination, your right to access the Service will immediately cease. Your User Content may become inaccessible. We may retain your data as described in our Privacy Policy.

The following sections shall survive termination: Sections 5 (User Content & Intellectual Property), 6 (AI-Generated Content), 7 (HR, Compliance & Training Disclaimer), 11 (Indemnification), 12 (Limitation of Liability), 13 (Disclaimer of Warranties), 14 (Class Action Waiver), 15 (Governing Law & Dispute Resolution), and 19 (Severability & Entire Agreement).

18. Communications

By creating an account, you consent to receive transactional emails from us, including account confirmations, invoices, password reset instructions, team invitations, and content-related notifications.

We may also send marketing or promotional communications. You may opt out of marketing communications at any time by following the unsubscribe link in any such email. Opting out of marketing communications does not affect transactional emails related to your account.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Severability & Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Diamond Tree LLC regarding the Service and supersede all prior agreements, representations, and understandings.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver of any provision shall be effective only if in writing and signed by Diamond Tree LLC.

20. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days’ notice by posting the updated Terms on the Service or notifying you by email.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

21. Contact

If you have questions about these Terms, please contact us:

Diamond Tree LLC
Email: info@lvl5.org

info@lvl5.org
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