These Terms and Conditions (the Terms) govern your access to and use of the LumeLevel website, dashboard, Pebble device or devices, related hardware, mobile or web applications, application programming interfaces, and any associated services (together, the Service).
By creating an account, starting a Test Drive, accessing the dashboard, or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
For the purposes of these Terms, Company, we, us, or our means Good Start Consulting Services, Mailboxes, Rosebank Centre, 11 Bermudiana Road, Suite number 1242, Pembroke HM08, Bermuda. User or you means the person or entity accessing or using the Service. Pebble means any LumeLevel hardware device, sensors, and accessories provided or recommended by us. Site means our website at lumelevel.com and any related domains.
Important: The Service is an informational support tool only. It does not guarantee that your tanks will not run dry or overflow, and it is not a substitute for proper engineering, safety systems, legal compliance, or on site inspections. You are fully responsible for your tanks, your sites, and your decisions.
You represent and warrant that you are at least the age of majority in your jurisdiction, that you have full power and authority to agree to these Terms, and that you are not prohibited from using the Service under any applicable law.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including activity by your staff, contractors, tenants, suppliers, or any other third party to whom you grant access. You agree to notify us immediately of any suspected unauthorized access to your account.
We are not liable for any loss or damage arising from unauthorized use of your account, including misuse by people you have given access to or by anyone who gains access due to your failure to protect your credentials.
The Service is designed to help you log and view tank level data, either manually or via Pebble and connected sensors, to share selected views with others such as suppliers, property managers, or tenants, and to configure certain alerts, thresholds, and reporting.
All information in the Service, including tank levels, estimates of days remaining, alerts, and logs, is provided for informational and planning purposes only. The Service is not a certified safety system, is not a guaranteed real time monitoring system, and is not a replacement for on site checks, backup systems, emergency plans, or professional engineering.
We may offer a free or discounted Test Drive as described on the Site or in an order form. Any Test Drive is time limited, subject to these Terms, and provided on an as is and as available basis with no guarantee of performance, accuracy, or availability.
After any Test Drive period, continued use of the Service and any Pebble or device monitoring may require a paid subscription as described on the Site or in your separate agreement or order form. You authorize us and our payment processor to charge your chosen payment method for all applicable fees.
We may change our pricing and subscription structure at any time, with notice where required by law. Your continued use of the Service after the effective date of any pricing changes constitutes your acceptance of the new pricing.
Except where required by law or expressly stated otherwise in a separate written agreement, subscription fees already charged are non refundable. Cancelling a subscription stops future renewal charges but does not by itself cancel a hardware order.
A checkout confirmation or automated acknowledgement confirms only that we received your order. We may accept or reject a hardware order, correct an obvious pricing or availability error, request additional information, or divide an order into separate shipments before dispatch. Estimated availability, production, and delivery dates are estimates unless we expressly agree in writing that a particular date is essential.
Hardware orders, refundable reservation deposits, production deposits, subscription charges, taxes, shipping charges, and customs or import charges are separate items and may be subject to different cancellation and refund rules.
You may request cancellation of a standard hardware order before it has entered production, procurement, allocation, packing, or shipment. A cancellation is effective only after we confirm it in writing. Once an order has been shipped, it cannot be cancelled and any eligible return must follow Sections 3.8 through 3.11.
If we approve a cancellation before making non recoverable commitments for the order, we will refund the eligible amount paid for the cancelled hardware. This does not limit any cancellation or refund right that cannot lawfully be excluded.
An order is treated as a Large Order, Special Order, Custom Order, or Production Order only when that designation and its cancellation terms are disclosed in the quotation, order form, Production Authorization, or Order Commitment Notice before you approve the commitment.
After the stated commitment date or your approval of a Production Authorization or Order Commitment Notice, the order becomes firm and may not be cancelled without our written agreement. If we agree to cancellation, we may deduct our actual and reasonable losses arising from that cancellation, including non cancellable supplier commitments, manufacturing and assembly costs, inbound freight, duties, storage, payment processing costs that are not returned to us, and reasonable handling and administration costs. These deductions are intended to compensate actual loss and not to impose a penalty.
For standard products that can reasonably be resold, we may hold the otherwise refundable balance for up to 180 days while making reasonable efforts to obtain a replacement sale. A replacement sale means a bona fide order placed by a new buyer after your cancellation. It does not include an order that existed, was committed, or was awaiting fulfilment before your cancellation. After a qualifying replacement sale becomes final, we will credit the net amount recovered against your cancellation liability and process any resulting refund. If no qualifying replacement sale occurs within 180 days, we will make a final accounting based on our actual and reasonable loss.
This Section does not apply where cancellation or an immediate refund is required by law, where we materially breach the order, where goods are defective or materially misdescribed, or where an expressly agreed essential delivery date is missed.
Before returning any hardware, you must contact us and obtain a Return Authorization Number, also referred to as a RAN. The RAN allows us to identify the order, confirm the return address, provide packing and shipping instructions, and determine whether the request is a change of mind return, shipping claim, warranty claim, or other statutory claim.
A RAN is normally valid for 14 days after issue unless we approve another period in writing. Products sent without a valid RAN may be refused, returned to the sender, or experience processing delays to the extent permitted by law. Failure to obtain a RAN does not remove any right that cannot lawfully be excluded.
Subject to any rights that cannot lawfully be excluded, you may request a RAN for a non defective hardware return within 30 days after delivery. To qualify, the product must be unused, uninstalled, unmodified, free from damage and contamination, complete with all supplied parts and accessories, and returned in its original packaging in a condition reasonably suitable for resale.
For an approved change of mind return, original shipping, handling, customs duties, import charges, and similar delivery expenses are not refundable. You are responsible for return shipping, insurance, and the risk of loss or damage until the product is received by us.
We may deduct a restocking fee of up to fifteen percent of the returned hardware price, not exceeding the reasonable cost of inspection, testing, administration, repackaging, and restoring the product to saleable inventory. We may also deduct the reasonable value of missing items, damage, modification, contamination, or other reduction in value.
A return is not accepted merely because it was delivered to us. Refund eligibility and the refund amount are determined after the product is received, identified by its RAN, and inspected. We may test the product and verify serial numbers, accessories, condition, installation history, reported faults, and compliance with the approved return instructions.
Approved refunds will normally be submitted to the original payment method within 10 business days after inspection and final approval. The time required for a bank or payment provider to post the refund is outside our control.
Contact us promptly if hardware arrives damaged, is not the product ordered, is materially misdescribed, or appears defective. We may require reasonable photographs, logs, serial numbers, proof of purchase, and remote troubleshooting before issuing a RAN or approving a remedy.
No restocking fee applies to a return that we verify as defective, materially misdescribed, damaged before delivery, or incorrectly supplied by us. Where required by law or approved by us under the limited warranty, we will provide or reimburse reasonable standard return shipping and will not deduct the original standard shipping charge from a refund. Unauthorized, expedited, customs, brokerage, or other costs are reimbursed only when we approve them in writing or the law requires reimbursement.
Nothing in these hardware order, cancellation, return, or refund provisions excludes, restricts, or replaces any consumer or other statutory right that cannot lawfully be excluded.
You are responsible for all taxes, duties, customs charges, brokerage fees, and similar charges associated with your purchase or use of the Service except to the extent the law requires otherwise.
You acknowledge and agree that you are solely responsible for all tanks, fluids, equipment, and facilities that you monitor using the Service, for all decisions you make based on Service data or the absence of data, for establishing and maintaining independent backup systems, alarms, and safety procedures, for complying with all applicable laws, regulations, and codes, and for regularly and physically verifying tank levels and conditions.
You understand that the Service may lag, be delayed, or be unavailable due to network, power, hardware, or software issues, and that it may contain inaccuracies, estimation errors, or gaps in data. The Service is not certified for any regulatory, medical, or safety critical purpose, including but not limited to hospitals, emergency services, or critical infrastructure.
You agree not to rely on the Service as your sole method of preventing outages, pump damage, pump burnouts, overflows, contamination, or any safety, health, or environmental incident.
If you enter data into the Service manually, you are solely responsible for the accuracy and completeness of that data. We are not responsible for any consequences arising from inaccurate, incomplete, or outdated manual entries.
You are responsible for correctly configuring your tanks in the Service, including dimensions, shapes, heights, reserve volumes, and fluid type, for setting and updating alert thresholds, email addresses, notification rules, and sharing settings, and for testing and validating that your configuration behaves as you expect with your actual tanks and operations.
We are not liable if alerts are not received, are delayed, misconfigured, or not acted upon by you or anyone you give access to.
Pebble and the Service are intended for non flammable liquids only, as described on the Site. You are fully responsible for ensuring that the fluid type is suitable and safe for use with the equipment. Any use of the Service or Pebble with flammable, explosive, or otherwise hazardous materials is strictly at your own risk.
Unless explicitly stated otherwise in a separate written agreement, you are responsible for arranging safe and compliant installation of any Pebble device and sensors by qualified personnel, for following all written installation instructions, wiring diagrams, and safety guidance, and for ensuring that the Wi Fi or network and power supply are adequate and reliable.
The performance of Pebble and sensors depends on many factors outside our control, including tank geometry, mounting, obstructions, wireless interference, signal quality, power quality, and fluid properties. We do not guarantee accuracy, uptime, or continuous measurement.
You are solely responsible for ongoing inspection, cleaning, servicing, and replacement of sensors and devices as required by manufacturer guidelines or your own safety policies, and for promptly addressing any damage, corrosion, fouling, or other issues that may affect measurement or safety.
Subject to the exclusions below, we warrant that LumeLevel branded Pebble hardware will be free from defects in materials and workmanship under normal and authorized use for one year from the date of delivery. This limited warranty applies to the original purchaser and requires reasonable proof of purchase and identification of the affected product by serial number or other available device identifier.
Before returning hardware for a warranty claim, you must contact our support team and participate in reasonable consultation and remote troubleshooting. You must provide the information reasonably needed to diagnose the issue, which may include the order number, device serial number, installation details, photographs, configuration information, logs, measurements, and a description of the problem.
Hardware must not be returned for warranty service until we issue a RAN and provide return instructions. We may require receipt and inspection of the original product before sending a replacement.
If we verify that a product is covered by this limited warranty, our standard remedy under the warranty is replacement of the defective product or affected component with a new or functionally equivalent replacement. We may use new or professionally tested service components. If replacement is impossible or disproportionate, we may offer another remedy permitted by law.
For a verified covered defect, no restocking fee applies. We will provide or reimburse reasonable standard return shipping and standard shipment of the replacement as stated in the RAN instructions. Expedited shipping, customs, brokerage, installation, removal, site attendance, loss of use, and unauthorized third party costs are not covered unless we approve them in writing or the law requires otherwise.
This limited warranty does not cover a condition caused by improper or unauthorized installation, wiring, mounting, calibration, configuration, repair, or modification; use outside published specifications or instructions; unsupported sensors, power supplies, accessories, or network equipment; accident, abuse, misuse, neglect, impact, crushing, water ingress where the product is not rated for that exposure, lightning, electrical surge, unstable power, corrosion, contamination, fouling, pests, fire, flood, extreme weather, or other external cause; normal wear or cosmetic damage that does not impair operation; loss of Internet, Wi Fi, cellular, power, or third party services; use with flammable, explosive, or hazardous materials; removed or altered serial numbers; or failure to take reasonable steps to prevent further damage after a fault becomes apparent.
A replacement product or component supplied under this limited warranty is covered for the remainder of the original one-year warranty period or 90 days from delivery of the replacement, whichever is longer.
This limited warranty is an additional contractual warranty. It does not exclude, restrict, replace, or require you to waive any remedy or right that cannot lawfully be excluded, including rights relating to goods that are not of satisfactory quality, not fit for an agreed purpose, or not as described.
You grant us a non exclusive, worldwide, royalty free license to use, host, store, reproduce, modify, and display data you submit to the Service, including tank information, levels, logs, and configurations, as reasonably necessary to provide and improve the Service, to operate analytics and diagnostics, and to comply with legal obligations.
If you choose to share access or read only links with suppliers, tenants, property managers, or any other third party, you are responsible for selecting appropriate access levels and acknowledge that shared users may view sensitive operational data. We are not responsible for any misuse or consequences arising from your sharing choices.
Our collection, use, and protection of personal data is described in our separate Privacy Policy, which is incorporated into these Terms by reference.
We implement reasonable technical and organizational measures to protect the Service, but no system is completely secure. You acknowledge that you use the Service at your own risk and that you are responsible for your own network security, firewalls, and endpoint protections.
You agree that you will not use the Service in any manner that violates any applicable law or regulation, will not use the Service as the sole control mechanism for life support, emergency, or other ultra critical systems, will not reverse engineer, decompile, or attempt to derive source code from the Service except where permitted by law, will not interfere with or disrupt the integrity or performance of the Service, and will not attempt to gain unauthorized access to any accounts or systems.
You also agree that you will not misrepresent tank levels, site safety, or regulatory status to any third party using data from the Service.
The Service, the Site, the Pebble design, the software, user interface, documentation, and all related intellectual property are and remain the exclusive property of the Company and its licensors.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non exclusive, non transferable, revocable license to access and use the Service solely for your internal business purposes.
If you provide feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty free license to use that feedback without obligation or compensation to you.
The Service may integrate with or link to third party services, such as payment processors, email or messaging providers, or mapping and communication tools. We do not control and are not responsible for the content, policies, or practices of any third party service, or for any damage or loss arising from your use of such services.
Your use of any third party service is at your sole risk and is subject to that provider's terms and conditions.
To the maximum extent permitted by law, you acknowledge and agree that we do not guarantee that you will eliminate outages, pump damage, tenant complaints, or emergency deliveries, that you will save money or time or improve your reputation, or that the Service will be error free, uninterrupted, or compatible with every environment.
Except for the express limited hardware warranty in Section 5 and any right that cannot lawfully be excluded, the Service, including any Test Drive, dashboard views, estimates, alerts, reports, software, and related services, is provided on an as is and as available basis with all faults.
Except for the express limited hardware warranty in Section 5 and any warranty or condition that cannot lawfully be excluded, we disclaim all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, and non infringement, to the maximum extent allowed by law.
To the maximum extent permitted by law, in no event will the Company or its affiliates, directors, officers, employees, agents, or licensors be liable to you or any third party for any loss of profits, revenue, business, or goodwill, any loss of data, any business interruption, any property damage, environmental damage, or contamination, any personal injury, illness, or death, or any indirect, incidental, special, consequential, exemplary, or punitive damages, even if we have been advised of the possibility of such damages.
Our aggregate liability for any and all claims arising out of or relating to the Service or these Terms will not exceed the total amount paid by you to us for the Service in the twelve months immediately preceding the event giving rise to the claim, or one hundred United States dollars if you have not paid any fees.
You acknowledge that these limitations reflect a reasonable allocation of risk and that without these limitations the fees charged for the Service would be significantly higher.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use or misuse of the Service or Pebble, your tanks, facilities, and operations and any incidents occurring there, your violation of these Terms, your violation of any law or third party right, and any data, content, or configuration you submit or share via the Service.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, and we will not be liable for any such modification, suspension, or discontinuation.
We may update these Terms from time to time. When we do so, we will change the Last updated date at the top of this page and, where required by law, provide additional notice. Your continued use of the Service after updated Terms become effective constitutes your acceptance of those changes.
You may stop using the Service at any time and may cancel your subscription where applicable according to the cancellation instructions on the Site or in your agreement.
We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause or notice, including if we believe that you have violated these Terms or pose a risk to the Service or to other users.
Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, retain your data for a limited period as required or permitted by law. Any sections of these Terms that by their nature should survive termination will continue in effect, including sections on user responsibilities, limitations of liability, indemnification, and governing law.
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by and construed in accordance with the laws of Bermuda, without regard to conflict of law rules.
Any legal action or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the courts of Bermuda, and you consent to the personal jurisdiction and venue of such courts.
Nothing in this section limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction.
These Terms, together with any applicable order forms or written agreements, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous understandings about the same subject matter.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely.
We may provide notices to you via email, via the Service, or by posting on the Site. You are responsible for keeping your contact information accurate and up to date in your account settings.