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TERMS OF SERVICE

Last Updated: January 23, 2026

These Terms of Service (these "Terms") govern your access to and use of SIMPLEX AI TECHNOLOGIES PTE. LTD.’s ("Lev8", "we", "our" or "us") (i) website, (ii) our data and intelligence platform, and (iii) our application programming interface ("API") and any content, tools, features and functionality offered through our platform (collectively, 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 business 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.

Please read these Terms carefully, as they include important information about your legal rights. By clicking "I Accept," registering for an account, or otherwise accessing and/or using the Services, you are agreeing to these Terms. You also acknowledge that you have read and understood our Privacy Policy, which describes how we collect, use, and share your information. If you do not understand or agree to these Terms, please do not use the Services.

IMPORTANT NOTICES:

  • ARBITRATION & CLASS ACTION WAIVER: SECTION 11 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY.
  • AUTOMATIC RENEWAL: IF YOU PURCHASE A SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL AS SET FORTH IN SECTION 6.

We may modify these Terms at any time by posting the revised version on our website. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

1. DEFINITIONS

1.1 "User Intent Inputs"

Means any natural language prompts, business objectives, specific search criteria, search queries, conversation history, or other materials submitted by Customer to the Services for the purpose of defining search intent or generating workflows.

1.2 "Lev8 Data"

Means the proprietary database information, including but not limited to company profiles, contact details, business emails, phone numbers, firmographic data, and any other content made available to Customer through the Services.

1.3 "Derived Filters"

Means the structured search parameters, boolean logic, or criteria sets that are inferred, generated, recommended, or applied by Lev8’s proprietary AI algorithms based on the analysis of User Intent Inputs.

1.4 "Enriched Data" (or "Output")

Means the specific subset of Lev8 Data retrieved and presented to Customer in response to the application of Derived Filters.

1.5 "Services"

Means the Lev8 data and intelligence platform, including the intent decomposition engine, data enrichment database, automated outreach tools, APIs, and any related software provided by Lev8.

1.6 "Authorized User"

Means an individual employee, consultant, or contractor of Customer who has been authorized by Customer to access and use the Services under Customer’s account, and for whom a subscription seat has been purchased.

1.7 "Subscription & Credit" Definitions

For the purposes of Service billing and usage, the following terms apply:

  • "Credits": Means the unit of measurement used to consume Services on the Lev8 platform (e.g., adding filters and enrichments, generating emails, or tracking signals).
  • "Free Plan": Means the free tier of the Services which includes a one-time allocation of 500 Credits.
  • "Starter Plan": Means the paid subscription tier of the Services which provides a recurring monthly allocation of 5000 Credits, enhanced operational limits, and access to advanced features.
  • "Monthly Quota": Means the specific allocation of Credits provided to Customer on a recurring basis as part of the Starter Plan. These Credits reset at the beginning of each Billing Cycle.
  • "Billing Cycle": Means the recurring interval of time (e.g., monthly) for which Customer is billed for the Services, starting from the date of the initial subscription purchase.

2. GRANT OF LICENSE & ACCESS

2.1 Limited License to Services

Subject to these Terms and payment of fees, Lev8 grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for Customer’s Internal Business Purposes.

2.2 License to Lev8 Data

Lev8 grants Customer a perpetual, non-exclusive license to retain and use the Enriched Data (Output). This license is strictly limited to Customer's own sales and marketing activities. Customer acknowledges that the Enriched Data is licensed, not sold.

2.3 "Internal Business Purposes" Definition

"Internal Business Purposes" means using the data for prospecting and business development. It expressly excludes the right to:

  • Resell: Sell, license, rent, or distribute Lev8 Data to any third party;
  • Compete: Use Lev8 Data to create a competing product, service, or directory; or
  • Publish: Publicly display Lev8 Data on any website or public database.

2.4 Prohibited Restrictions

Customer shall not, and shall not permit others to:

  • (a) Scraping: Use bots, spiders, or scrapers to access the Services or extract data outside of the permitted API/UI functionality.
  • (b) Model Training: Use the Services, Lev8 Data, or Derived Filters to train, fine-tune, or improve any third-party AI or Machine Learning models.
  • (c) Benchmarking: Use the Services to conduct competitive analysis or benchmarking.
  • (d) Account Sharing: Share login credentials. Each "Authorized User" account must be dedicated to a single individual.
  • (e) Adversarial Use: Use the Services to transmit malicious prompts, perform "prompt injection" attacks, "jailbreak" the AI safeguards, or attempt to reverse engineer the underlying system prompts, instructions, or configuration of the AI models.

2.5 API Usage (If Applicable)

If Customer accesses the Services via an Application Programming Interface (API), Customer agrees to:

  • Rate Limits: Strictly comply with any request volume limits (Rate Limits) or throttling policies specified in the Lev8 documentation; and
  • No Abuse: Ensure that API usage does not place an undue burden on Lev8’s infrastructure.
  • Note: Lev8 reserves the right to immediately suspend API access or throttle requests if Customer’s usage exceeds these limits.

3. AI SERVICES AND DATA DISCLAIMERS

3.1 Intent-to-Filter Decomposition (AI Probabilistic Nature)

Customer acknowledges that the Services use AI to translate natural language into search parameters. Customer understands that:

  • Probabilistic Process: The conversion is predictive, not deterministic.
  • Interpretation Variance: The "Derived Filters" may not perfectly reflect Customer’s subjective intent.
  • Customer Responsibility: It is Customer’s duty to review the initial results before running large-scale queries.

3.2 Data Freshness (Snapshot Nature)

Lev8 Data represents a "snapshot" of information at the specific time of retrieval. Lev8 does not warrant that the data is real-time. Customer accepts that employment status and job titles change frequently.

3.3 Data Accuracy and Deliverability ("AS IS")

Lev8 provides data on an "AS IS" basis and does not guarantee:

  • The validity of every email address or phone number;
  • That emails will bypass spam filters or reach the primary inbox; or
  • That a lead currently holds the listed job title.
  • Note: A certain percentage of "bounce rates" is inherent in B2B data services.

3.4 Third-Party Models

The Services may utilize third-party LLMs (e.g., OpenAI, Anthropic). Lev8 is not responsible for service degradations caused by these third-party providers.

3.5 Generative AI & Agent Output Disclaimer

Customer acknowledges that the Outreach Services utilize generative AI models, which may produce incorrect, offensive, or hallucinated content ("Hallucinations").

  • Review Requirement: Customer agrees that it is solely responsible for reviewing, editing, and approving all AI-generated email drafts or messages before they are sent.
  • Risk of Unreviewed Content: If Customer sends AI-generated content without review, or enables any future "fully autonomous" or "auto-send" features, Customer expressly assumes all risks associated with such communications.
  • No Liability: Lev8 shall not be liable for any reputational damage, lost business, or legal consequences resulting from the specific content of emails, messages, or actions performed by the Agent on Customer's behalf via Connected Accounts.

4. PROPRIETARY RIGHTS

4.1 Ownership of Lev8 Property

As between the parties, Lev8 exclusively owns all right, title, and interest in and to the Services, including but not limited to:

  • (a) Lev8 Data: The database structure and the proprietary data contained therein;
  • (b) Mapping Logic: The inference chains, prompts, and algorithms used to convert User Intent Inputs into Derived Filters;
  • (c) Platform IP: The user interface, design, code, and "look and feel" of the platform; and
  • (d) Usage Data: Any aggregated and anonymized data derived from Customer's interaction with the Services (as further described in Section 4.3).

4.2 Ownership of Inputs and Generative Output

Customer exclusively owns all right, title, and interest in and to:

  • (a) Inputs: The User Intent Inputs; and
  • (b) Generative Output: The text, content, email drafts, or strategies generated by the Agent specifically for Customer.
  • (c) Assignment: Lev8 hereby assigns to Customer all its right, title, and interest in such Generative Output.
  • Note: This assignment does not apply to the underlying Lev8 Data or Enriched Data (which remains licensed under Section 2.2) or the Derived Filters (which are owned by Lev8 under Section 4.1).

4.3 Usage Data and AI Training License

  • (a) Usage Data: Customer agrees that Lev8 may collect and use technical logs, account activity, and performance metrics ("Usage Data") to operate and maintain the Services.
  • (b) AI Training License: Notwithstanding anything to the contrary in Section 7 (Confidentiality), Customer grants Lev8 a worldwide, non-exclusive, perpetual, royalty-free license to use User Intent Inputs and Enriched Data for the sole purpose of:
    • Developing, training, fine-tuning, and improving Lev8’s artificial intelligence models; and
    • Enhancing the algorithmic accuracy of the Services.
  • (c) Aggregation Warranty: Lev8 warrants that any data used for such training purposes shall be aggregated or de-identified such that the resulting model or output does not:
    • Reverse-engineer, identify, or reveal Customer's Confidential Information; or
    • Directly identify a natural person within Customer's organization.
  • (d) Google Workspace API Restrictions: Notwithstanding the foregoing, any data obtained directly from Google Workspace APIs (e.g., Gmail content accessed via Connected Accounts) shall be used solely to provide the user-facing features and shall not be used for training generalized AI models or shared with third parties for their own AI training, in strict compliance with the Google API Services User Data Policy.

4.4 Feedback

If Customer provides any suggestions, bug reports, or feedback regarding the Services, Lev8 shall be free to use such feedback for any purpose without obligation or compensation to Customer.

5. CUSTOMER OBLIGATIONS & OUTREACH COMPLIANCE

5.1 Compliance with Laws

Customer represents and warrants that its use of the Services, including but not limited to the use of Lev8 Data and the Outreach Services, will comply with all applicable laws, regulations, and industry standards. This includes, without limitation:

  • The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act");
  • The General Data Protection Regulation ("GDPR");
  • The California Consumer Privacy Act, as amended by the CPRA ("CCPA/CPRA");
  • The Canadian Anti-Spam Legislation ("CASL");
  • The EU Artificial Intelligence Act ("EU AI Act"); and
  • Any other applicable laws regarding data privacy, artificial intelligence, or unsolicited communications in the jurisdictions where Customer or its email recipients are located.

5.2 Data Roles & Compliance

The parties acknowledge their respective roles under GDPR/CCPA depend on the specific phase of data usage：

  • (a) Database Phase (Lev8 as Controller): Lev8 acts as the independent Data Controller with respect to the "Lev8 Data" (the proprietary/curated contact database) prior to its retrieval by Customer. Lev8 is responsible for the collection, verification, and maintenance of this data.
  • (b) Outreach Phase (Lev8 as Processor): Once Customer selects, enriches, or exports data for a specific campaign, Customer becomes the Data Controller of such "Campaign Data." In this phase, Lev8 acts solely as a Data Processor (or Service Provider) executing instructions on Customer's behalf (e.g., sending emails, tracking responses).
  • (c) Customer Responsibility: As the Controller of the Outreach Phase, Customer is solely responsible for ensuring its campaigns have a valid legal basis (e.g., Legitimate Interest or Consent) and complying with opt-out requests.

5.3 Anti-Spam Policy Requirements

Customer shall not use the Services to send unsolicited commercial emails in violation of applicable law. For every email sent using the Services, Customer must ensure:

  • Valid Legal Basis: Customer has obtained all necessary consents or possesses a valid legal basis (such as legitimate interest) to contact the recipient.
  • Unsubscribe Mechanism: Every commercial email includes a clear, conspicuous, and functioning "unsubscribe" or "opt-out" link. Customer must promptly honor all opt-out requests within the timeframe required by law.
  • Accurate Identification: The email accurately identifies the Customer in the "From" line (no spoofing) and does not use misleading subject lines.
  • Physical Address: The email footer includes Customer’s valid physical postal address as required by the CAN-SPAM Act.

5.4 Connected Accounts & Platform Dependency

To use Outreach Services, Customer may link a third-party email account (e.g., Gmail, Outlook) ("Connected Account"). Customer represents that it has the authority to grant Lev8 access to such account.

  • Lev8 is not responsible for any suspension, blocking, or rate-limiting of the Connected Account by the third-party provider.
  • Platform Risk: Customer acknowledges that the Services depend on the availability of third-party platforms (e.g., Gmail, Outlook, LinkedIn). Lev8 shall not be liable for any service interruptions, feature deprecations, API limit changes, or policy changes imposed by such third-party platforms that may render the Outreach Services partially or wholly non-functional.
  • Revocation and Data Handling: You may revoke authorization or disconnect a Connected Account at any time. Upon revocation or disconnection, Lev8 will promptly cease access to the Connected Account and delete associated data retained solely for the provision of the Services, unless retention is required by law or for legitimate security or compliance purposes.
  • Data Retention: Data obtained from Connected Accounts is retained only for as long as necessary to perform the applicable Services and is handled in accordance with Lev8’s Privacy Policy.

5.5 Prohibited Content

Customer shall not use the Services to send content that is:

  • False, misleading, or deceptive;
  • Harassing, defamatory, libelous, threatening, or obscene;
  • Promoting illegal activities or prohibited goods; or
  • Infringing upon the intellectual property or privacy rights of any third party.

5.6 Suspension for Non-Compliance

Lev8 reserves the right to monitor outreach metrics. If Lev8 determines, in its sole discretion, that Customer’s activities exceed acceptable industry thresholds (e.g., excessive bounce rates or spam complaints), Lev8 may immediately suspend or terminate Customer’s access to the Services without refund.

6. FEES, CREDITS & PAYMENT

6.1 Subscription Plans and Credit Priority

The Services are offered under different plans with specific credit allocations:

  • (a) Free Plan: Includes a one-time allocation of 500 permanent Credits. These Credits do not expire as long as your account remains active.
  • (b) Starter Plan: Includes a recurring allocation of 5,000 Credits per month ("Monthly Quota"). These Credits reset at the beginning of each Billing Cycle.
  • (c) Priority Rule: For Customers on the Starter Plan who also hold permanent Credits (e.g., from the Free Plan), the system will prioritize the consumption of the Monthly Quota. Permanent Credits will only be consumed after the Monthly Quota has been exhausted for the current Billing Cycle.

6.2 Payment Processing

Lev8 uses Stripe, Inc. ("Stripe") as our third-party payment processor.

  • No Storage of Sensitive Data: Lev8 does not process, record, or store your credit card or bank account information. All payment transactions are handled directly by Stripe.
  • By adding a payment method, you agree to be bound by Stripe’s Services Agreement and Privacy Policy.

6.3 Automatic Renewal and Cancellation

  • Auto-Renewal: Paid subscriptions (e.g., Starter Plan) automatically renew at the end of each Billing Cycle. You authorize Lev8 (via Stripe) to charge the applicable fee to your payment method on file.
  • Cancellation: You may cancel your subscription at any time via the Stripe Customer Portal accessible from your account settings.
  • Effect of Cancellation: If you cancel, your subscription will not renew for the next Billing Cycle. You will retain access to the Starter Plan features and your remaining Monthly Quota until the end of the current Billing Cycle. For details on what happens to your account and Credits after the cycle ends, please see Section 10.3.

6.4 Refund Policy

  • General Rule: Except as expressly provided below or required by law, all fees are non-refundable.
  • Limited Exception: Lev8 offers a 7-day money-back guarantee solely for the first-time purchase of the Starter Plan, provided that ALL of the following conditions are met:
    • The refund request is made within seven (7) calendar days of the initial purchase date;
    • Customer has consumed fewer than 500 Credits from the Starter Plan quota; and
    • Customer submits a written refund request to contact@lev8.com.
  • Note: Credits consumed prior to the refund request are non-recoverable. Lev8 reserves the right to deny refund requests that do not meet these strict criteria.

6.5 Plan Downgrades and Changes

  • Downgrade to Free Plan: If you cancel your Starter Plan, your account will be downgraded to the Free Plan after the current Billing Cycle ends.
  • Permanent Credits: Upon downgrade, your account balance will be adjusted to 500 Credits (consistent with the Free Plan allocation). Any Permanent Credits in excess of this amount will be forfeited.
  • Forfeiture of Monthly Quota: Any unused Monthly Quota remaining at the end of the paid Billing Cycle will expire immediately upon downgrade and will not roll over to the Free Plan.

6.6 Price Changes

Lev8 reserves the right to adjust pricing for the Services or any specific plan at any time. For existing subscribers, we will provide reasonable advance notice (e.g., via email) before any price change takes effect. Continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified amount.

6.7 Nature of Credits

Credits are a unit of measurement for Service consumption and have no cash value.

  • Non-Transferable: Credits are non-transferable and non-assignable to other accounts.
  • No Cash Value: Credits cannot be redeemed for cash or refunds, except as explicitly provided in Section 6.4.
  • Consumption: Once a Credit is consumed for a Billable Event (as described in Section 6.8), it is non-refundable.

6.8 Billable Events & Credit Consumption

Credits are deducted from Customer’s account balance upon the occurrence of a "Billable Event," which includes but is not limited to:

  • Data Reveal: Unlocking or viewing verified contact information;
  • Export: Downloading or exporting Enriched Data; or
  • Outreach Send: Successfully triggering an email or connection request via the Outreach Services.

6.9 Taxes

Fees do not include any local, state, federal, or foreign taxes, levies, or duties (collectively, "Taxes"). Customer is responsible for paying all applicable Taxes, excluding taxes based on Lev8’s net income.

7. CONFIDENTIALITY

7.1 Definition of Confidential Information

"Confidential Information" means all non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

  • For Customer: This explicitly includes User Intent Inputs (e.g., your specific business objectives, search criteria, target personas, and proprietary prompts).
  • For Lev8: This includes non-public pricing, product roadmaps, and the underlying logic of the AI-Generated Filters.

7.2 Obligations

The Recipient agrees to:

  • Use Confidential Information only to perform its obligations under these Terms;
  • Protect it with the same degree of care it uses for its own confidential data (but no less than reasonable care); and
  • Not disclose it to any third party, except to employees or contractors who need to know and are bound by confidentiality obligations.

7.3 Exception for Usage Data

Notwithstanding the above, Customer acknowledges that Lev8 may use anonymized and aggregated Usage Data (which does not identify Customer or reveal specific confidential strategies) to analyze trends and improve the AI models, as described in Section 4.3.

8. INDEMNIFICATION

8.1 Indemnification by Customer (The "Anti-Spam" Shield)

Customer agrees to defend, indemnify, and hold harmless Lev8, its officers, directors, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Outreach Violations: Any claim that Customer’s use of the Outreach Services violated the CAN-SPAM Act, GDPR, or any other anti-spam or privacy law;
  • Third-Party Rights: Any claim that Customer’s Inputs or email content infringed the intellectual property or privacy rights of a third party; or
  • Misuse of Data: Any claim arising from Customer’s breach of the "Internal Business Purpose" license restrictions (e.g., reselling data).

8.2 Indemnification by Lev8

Lev8 agrees to defend, indemnify, and hold harmless Customer against third-party claims alleging that the Lev8 Platform technology itself infringes a valid U.S. patent or copyright, provided that Customer uses the Services in compliance with these Terms.

9. LIMITATION OF LIABILITY

9.1 Waiver of Consequential Damages

To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Lost Profits or Revenue (e.g., "Your AI gave me bad advice and I lost the deal");
  • Business Interruption; or
  • Reputational Harm (e.g., "My domain was blacklisted").

9.2 Liability Cap

Lev8’s total aggregate liability arising out of or related to these Terms (whether in contract, tort, or otherwise) shall not exceed the total amount paid by Customer to Lev8 in the twelve (12) months preceding the event giving rise to the claim.

10. TERM AND TERMINATION

10.1 Term

These Terms remain in effect for the duration of Customer’s subscription term (the "Term") unless terminated earlier in accordance with this Section.

10.2 Termination for Cause

Lev8 may terminate this Agreement or suspend Customer’s access immediately and without notice if:

  • Customer breaches the Acceptable Use Policy (Section 5) (e.g., sending spam, high bounce rates, scraping);
  • Customer fails to pay fees when due; or
  • Customer engages in any fraudulent or illegal activity in connection with the Services.

10.3 Effect of Subscription Cancellation or Expiration (Downgrade)

If your paid subscription ends due to voluntary cancellation (as described in Section 6.3) or non-renewal (and not due to a violation of these Terms), the following consequences apply:

  • (a) Automatic Downgrade: Your account will not be deleted but will automatically revert to the Free Plan.
  • (b) Monthly Quota: Any unused "Monthly Quota" associated with the expired subscription will immediately expire and be forfeited. It does not roll over to the Free Plan.
  • (c) Permanent Credits: Your account will retain 500 Credits (consistent with the Free Plan allocation) and remain available for use. Any Permanent Credits in excess of this amount will be forfeited upon downgrade.
  • (d) Feature Limit: Access to advanced features specific to the paid plan (e.g., "Generate Report," increased concurrency) will cease immediately.

10.4 Effect of Termination for Cause

Upon termination of these Terms for cause (as described in Section 10.2):

  • (a) License Termination: All of your rights under these Terms (except as provided in Section 10.4(c)) will immediately terminate, and you must immediately cease all access to and use of the Services.
  • (b) Account Removal: You acknowledge and agree that your access to the Services may be automatically terminated, your account disabled, and all User Intent Inputs or configuration data uploaded into Lev8’s systems may be permanently destroyed.
  • (c) Retention of Enriched Data: Notwithstanding the foregoing, you may retain any Enriched Data (Output) that was lawfully retrieved and exported by you prior to termination, subject to the license restrictions set forth in Section 2 (Grant of License & Access).
  • (d) Forfeiture of Credits: You acknowledge that any outstanding Credits (whether Monthly Quota or Permanent Credits) will be forfeited immediately, and you will not be entitled to any refund of prepaid fees.

11. GENERAL PROVISIONS

11.1 Governing Law

These Terms shall be governed by the laws of the Republic of Singapore, without regard to its conflict of laws principles.

11.2 Dispute Resolution (SIAC Arbitration)

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

  • The seat of the arbitration shall be Singapore.
  • The Tribunal shall consist of one (1) arbitrator.
  • The language of the arbitration shall be English.

11.3 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior understandings or agreements regarding the subject matter.