Terms of Service

Last updated: August 9, 2026

These are the terms and conditions for use of the Levito service. Levito is provided by FM Media, Inc., a corporation doing business as Levito and referred to below as “Levito”, “we” or “us”. The service provided at levito.com is referred to as “Levito” or “the Service”. Please read these terms carefully.

BY COMPLETING THE REGISTRATION PROCESS OR USING THE SERVICE, YOU AGREE THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THIS “AGREEMENT”).

The Service is offered to you conditioned on your acceptance, without modification, of all of the terms, conditions and notices contained on this page.

1. Definitions

• “Account” means your account for the Service.
• “Client Code” means the Levito code you install on a web page so that the Service can operate on it, together with any fixes or upgrades we provide.
• “Customer Data” means the data about the characteristics and activity of visitors to your website that is collected through the Client Code, stored on the Servers and analysed by the Software.
• “Goal”, also referred to as a conversion, means an action on your website that you have identified to the Service as being of value, such as a purchase or a form submission, and which the Service records when a visitor completes it.
• “Original” means the text of your page as it exists before any Variant is displayed.
• “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified by reference to an identifier.
• “Proposal” means a set of Variants presented to you for review before any of them is displayed to a visitor.
• “Qualifying Winner” has the meaning given in section 7.
• “Report” means the analysis the Service presents to you, including recorded impressions, Goals and test results.
• “Servers” means the servers controlled by Levito on which Customer Data is stored and analysed.
• “Software” means the Client Code together with the Levito software that produces the Reports.
• “Success Fee” means the fee payable under section 7 when the Service produces a Qualifying Winner.
• “Test” means a comparison run by the Service between the Original and one or more Variants, in order to measure which performs better against a Goal.
• “Variant” means a version of the text of one or more elements of your page, generated by the Service, which the Service may display to visitors in place of your original text.

2. Your account

• To register for the Service you must complete the registration process and provide current, complete and accurate information as prompted by the registration form, including your name, email address and password. You are at all times responsible for maintaining the security of your Account and password. You are fully responsible for all activity that occurs under your Account, whether by you or by anyone else. Levito cannot and will not be liable for any loss or damage resulting from your failure to keep your credentials secure.
• Levito may, in its sole discretion, accept or reject any person as a user of the Service.
• You may not use the Service for any illegal or unauthorised purpose, and you may not violate any applicable law in your use of it. You agree to notify us immediately on learning of any unauthorised use of your Account or any other breach of security.
• From time to time Levito staff may sign in to the Service under your Account in order to operate or improve the Service, including to help you with a technical or billing question. You acknowledge and consent to that access. When it happens, the Service displays a banner identifying the session as ours.

3. Licence to use the Service

• Levito grants you a limited, revocable, non-exclusive, non-sublicensable licence to install, copy and use the Software solely as necessary to use the Service on one or more web pages that you own and control (your “Website”), for the term of this Agreement. Subject to this Agreement, you may access, view and download your Reports from levito.com. Your licence to use and access the Software and the Service is conditioned on your compliance with this Agreement.
• You will not, and will not allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or its documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; (iii) rent, lease, sell, assign or otherwise transfer rights in the Client Code, the Software, the documentation or the Service; (iv) remove any proprietary notice or label on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine that interferes, or attempts to interfere, with the operation of the Service or the Software.
• You will use the Software, the Service and the Reports solely for your own internal use, and will not make the Software or the Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the documentation, the Software, the Service and the Reports. This licence expires immediately on any failure to comply with this Agreement, and on expiry you must remove the Client Code from your Website and cease all further use of the Service.

4. Information rights

• You permit Levito to collect, store and process your Customer Data in order to provide the Service. Customer Data includes an identifier the Service sets in order to tell whether the same visitor who was shown a tested page later completed a Goal. Levito may examine Customer Data in order to provide you with technical support or to operate and improve the Service.
• Levito may retain and use information about your use of the Service, subject to our Privacy Policy, including to produce anonymous aggregated reports. We will not share information associated with you or your Website with any third party unless we (i) have your consent; (ii) conclude that it is required by law, or hold a good faith belief that access, preservation or disclosure is reasonably necessary to protect the rights, property or safety of Levito, its users or the public; or (iii) provide it, in limited circumstances, to a party carrying out a task on our behalf, such as data storage or payment processing, under restrictions that prevent that party from using or sharing it except as we direct. Where that is done it is subject to agreements obliging that party to process the information only on our instructions, in compliance with this Agreement, and under appropriate confidentiality and security measures.
• Unless you tell us otherwise in writing, Levito may identify you as a customer and disclose that you use the Service.

5. Your obligations regarding your visitors' data

You are solely responsible for the data you cause to be collected through your use of the Service. You represent and warrant that:

• you will comply with all applicable laws relating to the collection, use and disclosure of visitor data, including Personal Data, provided to Levito, including those governing the transfer of Personal Data out of the European Economic Area under the General Data Protection Regulation;
• you will provide all required notices and obtain all required consents and authorisations from your website visitors to allow Levito to collect and use visitor data for the purpose of providing the Service;
• you will not use the Service to collect or analyse sensitive Personal Data, such as health information, political opinions, or religious or philosophical beliefs; and
• where applicable, you have posted or will post a privacy policy on each website on which you use the Service, which links to Levito’s Privacy Policy and states clearly that you use third-party service providers to measure and optimise the pages on that website, and that visitor data may be disclosed to them for that purpose.

For the purposes of the General Data Protection Regulation, you are the data controller and Levito is your data processor. The data controller collects data from visitors and determines how and why Personal Data is processed; the data processor receives that data and acts on the controller’s instructions. Our Data Processing Addendum supplements this Agreement and sets out the contractual safeguards that apply to Personal Data processed through the Service.

6. Content generated by the Service

This section describes how responsibility works for copy that Levito writes. It is specific to this Service and you should read it in full.

What the Service does

The Service uses automated systems, including third-party large language models, to generate Variants of the text on your pages, and to display those Variants to visitors in place of the Original in order to measure which performs better.

Your approval is required

No Variant is displayed to any visitor unless and until you have approved the Proposal containing it. You may reject any Proposal, request that the Service generate a different one, and pause automatic testing for any site at any time. Your approval is the point at which a Variant becomes your own published content.

You are responsible for what you approve

Because no Variant is published without your approval, you are solely responsible for the accuracy, legality and suitability of any Variant you approve, to the same extent you are responsible for the Original. Do not approve a Variant that makes a claim you cannot substantiate, that is inaccurate about your products or services, or that would breach any law or any third party’s rights.

No warranty as to generated content

Variants are produced by automated systems. We do not warrant that any Variant is accurate, non-infringing, compliant with any law or regulation applicable to your business, or suitable for any purpose. Your review before approval is the control on which both parties rely.

Regulated claims

You are responsible for ensuring that approved Variants comply with any advertising, financial, health or other sector rules that apply to you. The Service has no knowledge of what regime you operate under.

Ownership

As between you and Levito, you own the Original. Subject to your compliance with this Agreement, Levito assigns to you such rights as it holds in any Variant that you have approved and published, so that an approved Variant is yours on the same footing as the Original.

Reverting

You may end any Test and return your page to the Original at any time from within the Service.

7. Fees and cancellation

There is no subscription

Levito is not sold on a subscription. There is no monthly or annual fee, no minimum term, no per-visitor charge, and no payment card is required to open an Account or to begin testing. You pay only when the Service produces a Qualifying Winner, as set out below. Tests that produce no winner cost you nothing.

What a Qualifying Winner is

A “Qualifying Winner” is a Test that meets all of the following:

• the Test was proposed by the Service, rather than one you created yourself;
• the Service concluded the Test by identifying a winning Variant at or above its confidence threshold; and
• the measured lift of that winning Variant over the Original is at or above the minimum lift published on our pricing page.

A Test that ends without a clear winner is not a Qualifying Winner. Neither is a winner whose measured lift falls below the published minimum: that result is yours at no charge. Tests you create yourself are never Qualifying Winners and never incur a Success Fee, whatever their result. A Test the Service proposed remains a Qualifying Winner whether or not you edited the Variants before approving them.

How the Success Fee is calculated

The Success Fee for a Qualifying Winner is its measured lift, expressed in percentage points, multiplied by the rate published on our pricing page at the time the Test concluded. The fee is calculated on the full measured lift, not only on the portion above the minimum. The measured lift used is the figure the Service reports for that Test.

Each Qualifying Winner is charged once, on its own. Fees do not accumulate toward a threshold, and a result that did not qualify is not carried forward into a later one.

Payment

• We ask for a payment method at your first Qualifying Winner, and not before. You are responsible for keeping your billing information current, complete and accurate.
• A Success Fee becomes due when the Service concludes the Test that produced the Qualifying Winner. It is due whether or not you continue to use the Service afterwards, and whether or not you keep the winning Variant published.
• Unless stated otherwise, all fees are quoted in U.S. Dollars. You are responsible for any governmental taxes imposed on your purchase or use of the Service, including sales, use or value-added taxes.
• If a Success Fee is not settled within fourteen days of becoming due, the Service stops testing on your Account and your pages return to the Original. Your login continues to work throughout, and settling the outstanding balance restores the Service.
• Where a Success Fee is large, we may offer to spread it over instalments or to discount it for immediate payment. These are payment terms only. They change when an amount is paid, never the amount owed.

Cancellation

Because there is no subscription, there is nothing to cancel and no recurring charge to stop. You control whether any further Success Fee can arise, because no Variant is ever published without your approval: if you stop approving Proposals, or pause automatic testing, or remove the Client Code from your Website, no further Test runs and no further fee can become due. Any Success Fee already due at that point remains payable.

You may ask us to close your Account at any time by contacting us at help@levito.com. Closing your Account deletes your Customer Data and Reports. That information cannot be recovered afterwards.

Levito may, in its sole discretion, suspend or terminate your Account and refuse any current or future use of the Service. Termination will result in the deactivation or deletion of your Account and of the Customer Data and Reports in it.

8. Indemnification

You agree to indemnify, hold harmless and defend Levito, at your expense, against any and all third-party claims, actions, proceedings and suits brought against Levito or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs and expenses, including reasonable legal fees and other litigation expenses, arising out of or relating to (i) your breach of any term or condition of this Agreement; (ii) your use of the Service; (iii) your violation of any applicable law, rule or regulation in connection with the Service; (iv) the content of your Website, including any Variant you have approved; or (v) your brand features. Levito will provide you with written notice of any such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. Levito reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

9. Third parties

• If you provide access to your Account or any part of it to any third party, or use the Service to collect information on behalf of any third party (a “Third Party”), whether or not Levito has authorised you to do so, the terms of this section apply to you.
• If you use the Service on behalf of any Third Party, you represent and warrant that (a) you are authorised to act on behalf of, and to bind to this Agreement, that Third Party; (b) as between you and the Third Party, the Third Party owns any rights to the Customer Data in the applicable Account; and (c) you will not disclose the Third Party’s Customer Data to anyone else without the Third Party’s consent.
• You are responsible for ensuring that each Third Party is bound by and abides by this Agreement. Levito makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, you shall take all measures necessary to disclaim any representations or warranties that may be taken to pertain to Levito, the Service, the Software or the Reports. You agree to indemnify, hold harmless and defend Levito, at your expense, against any and all third-party claims, actions, proceedings and suits brought against Levito or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs and expenses, including reasonable legal fees and other litigation expenses, arising out of or relating to (a) any representation or warranty made by you concerning any aspect of the Service, the Software or the Reports to a Third Party; (b) any claim made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Service, the Software or the Reports; (c) any breach of your obligations of privacy to any Third Party; and (d) any claim in respect of the acts or omissions of a Third Party in connection with the Service, the Software or the Reports.

10. Disclaimer of warranties

• The information and services included in or available through the Service, including the Reports, may contain inaccuracies or typographical errors. Levito and its suppliers may make improvements or changes to the Service or the Software at any time, with or without notice. Levito does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Servers is free of viruses or other harmful components. You specifically agree that Levito is not responsible for unauthorised access to or alteration of the Customer Data or of data from your Website. Levito does not guarantee the storage of Customer Data.
• Levito does not guarantee that the Service will be operable at all times, or during any downtime (i) caused by outages to any public internet backbone, network or server; (ii) caused by any failure of your equipment, systems or local access services; (iii) for previously scheduled maintenance; or (iv) relating to events beyond Levito’s reasonable control, such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in internet service to an area where Levito’s servers or your servers are located. Complete accuracy in all aspects of your Reports at all times is also not guaranteed.
• THE SERVICE, THE SOFTWARE, THE VARIANTS AND THE REPORTS ARE PROVIDED “AS IS”, AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LEVITO, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION, THE VARIANTS OR THE REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LEVITO DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE, ANY VARIANT OR ANY REPORT WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

11. Limitation of liability

• LEVITO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SALES OR LOST DATA COLLECTED THROUGH THE SERVICE, OR FOR ANY INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF LEVITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION IN THIS PARAGRAPH APPLIES REGARDLESS OF THE FAILURE OF ANY EXCLUSIVE REMEDY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
• Levito will not be liable for any effect that a Variant you approved has on your business, including any reduction in conversions, sales or revenue while a Test is running. Testing necessarily involves showing some visitors a version of your page that may perform worse than the Original, and that is inherent in the Service.
• Levito’s total cumulative liability to you, or to any other party, for any and all loss or damage resulting from any claim, demand or action arising out of or relating to this Agreement or to the Service shall not exceed the greater of (a) the total amount of Success Fees you paid to Levito in the twelve months immediately preceding the event giving rise to the claim, and (b) US$500. This limit applies in the aggregate across all claims and is not a per-claim limit.
• Nothing in this Agreement excludes or limits either party’s liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded or limited.

12. Proprietary rights

• The Service, which includes but is not limited to the Client Code and the Software, and all intellectual property rights in the Service, are and shall remain the property of Levito. All rights in and to the Software not expressly granted to you in this Agreement are expressly reserved and retained by Levito and its licensors without restriction, including Levito’s sole ownership of the Software, logos, trademarks, trade secrets, databases and website. Nothing in this section affects your ownership of the Original or of any Variant you have approved, which is governed by section 6.
• Without limiting the foregoing, you agree not to, and not to allow any third party to: (a) sublicense, distribute or use the Service outside the scope of the licence granted in section 3; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble or decompile the Software, or otherwise attempt to discover any source code or trade secret related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names or other distinctive brand features, or any copyright or other proprietary right associated with the Service, for any purpose without our express written consent; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, service mark, logo, domain name or other distinctive brand feature, copyright or other proprietary right associated with Levito other than in the name of Levito; or (e) remove, obscure or alter any notice of copyright, trademark or other proprietary right appearing in or on any item included with the Service.

13. Changes to the Service and to these terms

• Levito reserves the right, at any time, to update, modify or discontinue the Service or any part of it, temporarily or permanently, with or without notice. Levito shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
• Any new feature that augments or enhances the current Service, including the release of new tools and resources, is subject to these terms. Continued use of the Service after any change constitutes your acceptance of that change. You can review the current version of these terms at any time at levito.com/legal/tos/.
• Levito may change the rate or the minimum lift referred to in section 7. Any change applies only to Tests that conclude after the change is published, and never to a Success Fee that had already become due.

14. General conditions

• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
• Support is provided by email and through the help desk.
• You must not modify, adapt or hack the Service, or modify another website so as to imply falsely that it is associated with the Service or with Levito.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
• You understand that the technical processing and transmission of the Service, including your data, may involve transmission over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices.
• Levito technical staff may ask you, from time to time, to make changes to the Client Code installed on your Website. You agree to cooperate and to make any required change.
• You grant Levito a perpetual, non-exclusive, worldwide, royalty-free licence to use and display your name, your company name, your website address and your company logo on Levito websites, in Levito marketing materials and in Levito customer lists. You may withdraw this permission by writing to us.

15. Earnings disclaimer

• Every effort has been made to represent the Service and its potential accurately. There is no guarantee that you will earn any money using the Service, or that your conversion rate, revenue or any other measure of your business will improve. Any example, figure, case study, testimonial or projection shown on our website, in the Service or in our marketing is illustrative and is not to be interpreted as a promise or guarantee of any result.
• The Service reports the lift it measures in a Test. A measured lift is a statistical estimate produced from the traffic observed during that Test. It is not a guarantee of future performance, and results will vary with your traffic, your offer, your market and how you use the Service. Where the Service projects a figure forward, that projection is an estimate only.
• No express or implied guarantee of income is made in connection with the Service. You agree that we are not responsible for the success or failure of your business decisions.

16. Privacy

Your access to and use of the Service is also subject to our Privacy Policy and, in respect of Personal Data processed on your behalf, our Data Processing Addendum. Both form part of these terms.

17. Applicable law and venue

Levito shall be excused from performance under this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, that provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

This Agreement shall be governed by and construed under the laws of the State of Texas without reference to its conflict of law principles. In the event of any conflict between foreign laws, rules and regulations and those of Texas, the laws, rules and regulations of Texas shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Bexar County, Texas. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. export regulations and may not be exported to, or used by, embargoed countries or individuals.

Any notice to Levito must be sent to FM Media, Inc. d/b/a Levito, 21750 Hardy Oak Blvd Ste 104, San Antonio, TX 78258-4946, USA, by first class mail, air mail or overnight courier, and is deemed given on receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights under this Agreement without our prior written consent, and any attempt to do so is void. The relationship between Levito and you is one of independent contractors and not a legal partnership. This Agreement is binding on and inures to the benefit of the respective successors and assigns of the parties.