Website terms of use

ProLevelUp is a product of Galaxian Inc. These terms apply to the ProLevelUp website at prolevelup.app and the ProLevelUp services. In these terms, "ProLevelUp", "we", "us" and "our" mean Galaxian Inc.

Please note: this is a draft prepared for review by the company's attorneys. It has not been approved for publication and it is not legal advice.

Acceptance of these terms

These terms are an agreement between you and Galaxian Inc. about your use of this website. By using the site you accept them. If you do not accept them, please do not use the site.

Some parts of what we do are covered by separate agreements. A merchant who joins ProLevelUp signs a Merchant Services Agreement with Galaxian Inc.; a summary is on our merchant terms page. Our handling of personal information is described in our privacy policy. Where a signed agreement and these terms disagree about the same subject, the signed agreement wins.

Who may use this site

You must be at least 18 years old to use this site. If you use it on behalf of a business, you confirm that you are authorised to accept these terms for that business, and "you" then means both you and the business.

This site is intended for people and businesses in the United States. We make no claim that it is appropriate or available anywhere else.

Nothing on this site is an offer of credit

ProLevelUp is not a lender. It is a technology platform that connects merchants and their customers with independent financing providers. ProLevelUp does not lend money, does not make credit decisions, does not underwrite, does not set rates or fees, and does not collect payments.

Nothing on this website is an offer or a commitment to extend credit, an application for credit, a pre-approval, a quote, or a solicitation of any particular financing product. The pages here describe how the platform works. They do not create any right to financing and they do not bind any financing company.

No part of this site should be read as financial, credit, tax, accounting or legal advice. If you need advice about a financing decision, ask a professional who can look at your own situation.

Financing comes from independent third parties

Financing, lease-to-own and other payment options available through ProLevelUp are offered by third-party providers. Each provider is an independent business. Each one sets its own terms, rates, fees, eligibility rules and credit policies, makes its own decision on every application, and is responsible for its own agreements, disclosures and conduct.

Approval is never guaranteed. Not all applicants will qualify, and no one at ProLevelUp can promise that an application will be approved or that a particular option will be available to you. Availability varies by state, by industry and by purchase amount; see licensing and state availability.

Lease-to-own is a lease, not a loan. You will not own the item until you make all payments or use an early purchase option.

The calculator is an estimate, not a prediction

The calculator on this site works only from numbers you type in yourself, including the approval rate you choose to assume. It fills nothing in for you.

Its output is arithmetic on your own figures. It is not a prediction, a forecast, a projection of your results or a promise of any kind, and we do not warrant that it is accurate for your business. Do not treat it as a reason to expect a particular outcome.

Permitted and prohibited use

You may read this site, print pages from it, and use the forms on it to contact us for the purpose each form describes. You may share links to it.

You may not:

• submit information that is false, or submit someone else's information without their permission;
• use the site or its forms to send spam, advertising or chain messages;
• copy, scrape, mirror, frame or republish the site or substantial parts of it, or use automated tools to harvest content or form endpoints, other than ordinary search-engine indexing;
• use the site or anything on it to train a machine-learning model without our written permission;
• try to gain access to any part of the site, its server or its database that is not open to the public, test or probe its security, or get around any security or rate-limiting measure;
• introduce malware, overload the site, or interfere with anyone else's use of it;
• remove or obscure any notice of ownership; or
• use the site to break the law, or in a way that is misleading about your relationship with Galaxian Inc.

We may suspend or block access to the site if we believe it is being used in any of these ways.

Intellectual property

The ProLevelUp name and logo, the ProLevelUp product names, and the text, design, graphics, layout, code and other content on this site are owned by Galaxian Inc. or used by it with permission, and are protected by trademark, copyright and other laws.

These terms give you no licence to the ProLevelUp name or logo, and no right to use them in your own advertising, product, domain name or materials. A merchant's right to use ProLevelUp marks comes from the Merchant Services Agreement and from the brand rules provided with it, not from this website.

If you send us feedback or a suggestion about ProLevelUp, we may use it without any obligation to you. Please do not send us anything you consider confidential through this website.

Links to other websites

This site links to other websites, including each financing provider's own site and the customer portal, which is operated on the ProLevelUp platform. We do not control those sites, we are not responsible for their content, their terms or their privacy practices, and a link is not an endorsement. Read their terms before you rely on them.

Disclaimers

We work to keep this site accurate and available, but we cannot promise either. The site and its content are provided "as is" and "as available", without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, to the fullest extent the law allows.

In particular, we do not warrant that the site will be uninterrupted or error free, that defects will be corrected, that the site is free of harmful components, or that any content, figure or placeholder on it is complete or current. Some content on this site is marked with a placeholder because the underlying figure has not been confirmed; placeholders are not claims.

Limitation of liability

To the fullest extent the law allows, Galaxian Inc. and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost data or lost goodwill, arising out of or relating to your use of this website, whatever the legal theory and even if we were told such damages were possible.

To the fullest extent the law allows, our total liability arising out of or relating to this website and these terms will not exceed one hundred United States dollars.

We are not liable for the acts, omissions, decisions, terms, fees or conduct of any financing provider, or of any merchant. Nothing in these terms limits liability that cannot be limited by law.

Indemnity

You agree to indemnify and hold harmless Galaxian Inc. and its officers, employees and agents against any claim, loss, liability, cost or expense, including reasonable legal fees, arising out of your use of this website, your breach of these terms, or your violation of any law or of anyone else's rights.

Changes to the site and to these terms

We may change, suspend or withdraw any part of this site at any time, and we may change these terms. When we change them, we change the date shown at the top of this page. Your continued use of the site after a change means you accept the revised terms. If you do not accept them, stop using the site.

Governing law and venue

These terms, and any dispute arising out of them or out of your use of this website, are governed by the laws of the State of [GOVERNING_STATE], without regard to its conflict-of-laws rules. You and Galaxian Inc. agree that the state and federal courts located in [GOVERNING_STATE] have exclusive jurisdiction, and each of us consents to venue there.

The governing state is shown as a placeholder because the company's attorneys have not yet settled it. Nothing here is intended to deprive a consumer of a right or a forum that their own state's law gives them and that cannot be waived.

Severability and entire agreement

If any part of these terms is held unenforceable, the rest stays in force and the unenforceable part is limited as little as needed. Our failure to enforce a provision is not a waiver of it. These terms, together with the policies they link to, are the whole agreement between you and Galaxian Inc. about this website.

How to contact us

Questions about these terms? Email info@prolevelup.app.

If you have a complaint about a financing experience rather than about this website, use our complaint form, which reaches Galaxian Inc. directly.