Terms of Service

• You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
• You agree to provide accurate, current, and complete information and to keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must notify us promptly of any unauthorized access or suspected breach of your account.

Ascend is a booking, communication, and business-management platform used by fitness, wellness, and personal-service providers (“Providers”) and their clients (“Clients”). Providers use Ascend to publish schedules, manage bookings, sell services, communicate with clients, and process payments. Clients use Ascend to book services with their chosen Provider and to manage their memberships and purchases.

Providers set their own prices, policies, availability, and content. LevelUp Systems is not a party to the underlying service relationship between a Provider and their Client and does not deliver in-person services. Providers are solely responsible for the services they offer through the Platform.

You agree not to:

• Use the Service in a way that violates any applicable law or regulation, including consumer-protection, marketing, and privacy laws;
• Upload or transmit content that is unlawful, infringing, harassing, defamatory, obscene, or otherwise objectionable;
• Impersonate another person or misrepresent your affiliation with any person or entity;
• Attempt to access, probe, scan, or test the vulnerability of the Service without authorization, or interfere with its operation;
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except as expressly permitted by law;
• Use the Service to send unsolicited commercial messages, spam, or content that violates the TCPA, CAN-SPAM Act, CTIA guidelines, or other applicable communications laws.

• Booking a class, appointment, or service creates an obligation to attend or to cancel in accordance with your Provider’s posted policy.
• Cancellation windows, late-cancel fees, no-show fees, credit expiration, and refund rules are set by each Provider and displayed in the Platform at the time of purchase or booking.
• Memberships and packages are governed by the terms shown at checkout. Recurring memberships continue on the stated cadence until canceled.

• Payments are processed by our third-party payment processor (Stripe). By providing payment information you authorize us and the processor to charge the payment method for amounts owed, including recurring charges for memberships and any applicable fees, taxes, and late/no-show charges as set by your Provider.
• All prices are shown in U.S. dollars unless otherwise indicated and are exclusive of applicable taxes, which will be added at checkout where required.
• Refunds are governed by the Provider’s refund policy shown at the time of purchase. LevelUp Systems is not obligated to issue refunds outside of that policy or as required by applicable law.
• You are responsible for keeping your payment method current. Failed charges may result in suspension of your account or the affected membership until the balance is paid.

By providing your mobile phone number and opting in, you agree to receive recurring automated text messages from LevelUp Systems and the Provider(s) you are connected with through Ascend. Categories may include:

• Transactional messages: booking confirmations, reminders, schedule changes, receipts, account and security notifications;
• Promotional messages (opt-in only): announcements, offers, and updates from LevelUp Systems or your Provider.

Consent to receive marketing text messages is not a condition of purchase or of using the Service. Message frequency varies. Message and data rates may apply. You may reply STOP at any time to opt out or HELP for help. See our Privacy Policy for the full SMS program disclosures and information on how we protect your mobile information.

If you use Ascend as a Provider, you additionally agree that:

• You are solely responsible for the services you deliver, your business practices, and compliance with all applicable laws (including licensing, tax, health-and-safety, consumer-protection, and communication laws such as the TCPA);
• You will obtain valid consent from your clients before sending them promotional SMS or email through the Platform, and you will honor opt-out requests promptly;
• You will not use the Platform to contact individuals who have not provided the required consent for the type of message you are sending;
• You are responsible for the accuracy of your service listings, prices, cancellation policies, and any client-facing content you publish through the Platform.

LevelUp Systems and its licensors own the Service, the Ascend brand, and all associated software, content, and materials, except for content you or your Provider upload. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose subject to these Terms. You retain ownership of content you upload and grant us a worldwide, royalty-free license to host, store, and display that content solely to operate the Service.

The Service integrates with third-party services (for example, Stripe for payments and an SMS delivery provider). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, LEVELUP SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. THE PLATFORM IS NOT A SUBSTITUTE FOR MEDICAL, FITNESS, OR PROFESSIONAL ADVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, LEVELUP SYSTEMS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

You agree to defend, indemnify, and hold harmless LevelUp Systems and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your content or communications, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party.

You may stop using the Service at any time. We may suspend or terminate your account if you violate these Terms, create risk or legal exposure for us, or fail to pay amounts owed. Sections that by their nature should survive termination (including payment obligations, disclaimers, limitation of liability, indemnification, and dispute-resolution provisions) will survive.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

We may update these Terms from time to time. When we do, we will revise the “Effective date” above and, for material changes, provide additional notice. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us: