Last updated: 08/11/2018
This LiveChat, Inc. Terms and Conditions constitutes an Agreement and is established between LiveChat, Inc. and the entity or person willing to use and accessing the Service. LiveChat, Inc. and/or its affiliates provides to be a subject of subject to the following Terms. Please review it carefully. By accepting these Terms and Conditions, you confirm you have read, understood and accepted its contents.
As used in this Agreement, "LiveChat, Inc." [also "Company" or "we" (or "Provider" in the Data Protection Addendum)] means LiveChat, Inc. The worldwide corporate headquarters and principal office of the Company shall be Boston, Massachusetts, address: One International Place, Suite 1400, Boston, MA 02110-2619, United States of America.
The following terms shall have the meanings specified below:
"Services" means the services and products supplied by the Company to the Customer under the Agreement specified below.
"Customer", "you" (or "Client" in a Data Protection Addendum) means any user, person or entity who creates an account and uses LiveChat, Inc. Services supplied by the Company under the Agreement.
"Visitor" means any person who is browsing any website where LiveChat, Inc. Services are installed.
"Agent" means any person who is employed by Customer to operate the Service.
"End-user" means any person who uses LiveChat, Inc. Services in purpose to communicate with the Customer.
"Personal Data/Personal Information" means personal data within the meaning of the Regulation (EU) 2016⁄679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by LiveChat, Inc. (or a Sub-processor) on behalf of the Customer pursuant to or in connection with the Agreement.
"Confidential Information" means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential; or (iii) ought reasonably to be considered by the receiving party to be confidential.
"Third Party Service Provider" means any third party that collects, process and/or uses Personal Information under the instruction of LiveChat, Inc. including any consultant, representative, advisor, or independent contractor (including Sub-processors) who renders services to the Company, a subsidiary, or an affiliate.
"Sub-processor" means entities which software, goods or services are used by the Company in order to run a business, in particular while providing the Services.
All terms derived from General Data Protection Regulation as "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing", "Processor" should be understood in line with their regular meaning coming from the regulation.
- On principles set out in this Terms and Conditions LiveChat, Inc. renders the following Services: LiveChat, chat.io, BotEngine and Knowledge Base via the following Internet websites livechatinc.com, chat.io, botengine.ai and knowledgebase.ai or via mobile applications.
- Accepting these Terms and Conditions is a condition to use Services provided by LiveChat, Inc.
- All Customers are obliged to observe these Terms and Conditions.
- By indicating the Customer's acceptance towards this Agreement, accessing or using the Service, the Customer agrees to be bound by all terms, conditions, notices contained or referenced in this Agreement.
- Please keep in mind that LiveChat, Inc. may modify the provisions of these Terms and Condition and only those currently visible on our website are up to date and valid at the time. However, modification shall not adversely affect the main provisions of the Agreement such as terms of payment or termination of Services. Such changes take places with prior notifying the Customer and – if not clearly rejected – are treated as accepted. Therefore, we encourage you to periodically familiarize with the currently effective Terms and Conditions version on our Internet websites.
- Further use of Services after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.
- The software used by the Customer in accordance with its application and purpose defined in these Terms and Conditions, available on the following websites livechatinc.com, chat.io, botengine.ai and knowledgebase.ai and provided by LiveChat, Inc. shall be deemed as Services.
- The use of any new Services available on aforementioned website, after the Customer has accepted the Terms and Conditions shall be subject to its provisions.
- LiveChat, Inc. is exclusively entitled to decide on functionality, the use, subject matter and the range of particular Services as well as to cease rendering the Services.
- The Company is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
Access and the use of Services
- LiveChat, Inc. Services are exclusively designated for business use and must be used only in accordance with their purpose, application and the Terms and Conditions.
- LiveChat, Inc. Services may be used only in line with its original purpose and aim. Detailed guidelines concerning proper use of the Services are enlisted in Acceptable Use Policy section below.
- LiveChat, Inc. Services can be accessed solely by logging on particular website.
- Every Customer is assigned a particular password and login which must not be used by third parties without the Customer's consent. The Customer is responsible for keeping and proper protection of his password and login.
- The Customer must be at least 13 years of age to be able to register and to access his or her account.
- The Customer undertakes to use the Services in accordance with their use, purpose and in the manner consistent with both these Terms and Conditions and provisions of currently effective law.
- The Customer bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered Services.
- The Customer understands and has become familiar with technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.
- LiveChat, Inc. reserves the right to access Customer accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to any third parties unless required by provisions of law.
- The Customers of LiveChat, Inc. Service declares that they will not use the Service in the way that may constitutes a violation of laws.
- Violation of this Terms and Conditions, applicable laws or generally accepted norms and rules shall lead to the termination of this Agreement.
Acceptable Use Policy
- This Acceptable Use Policy applies to LiveChat, Inc. Services accessible through livechatinc.com, chat.io, botengine.ai, knowledgebase.ai, mobile versions and successors URLs related to the domain or subdomain;
- To ensure proper and fluent functioning of the system we hereby declare that LiveChat, Inc. Customers shall not misuse the Services and product. Consequently, the Customers agree not to:
- hinder functioning of the Services especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data,
- use the Services in a way contradictory to this Terms and Conditions and causing a real danger for the LiveChat, Inc., for example use the Services to generate or send unsolicited communications or communication judged to be a spam, or otherwise cause LiveChat, Inc. to become impaired in its ability to send communications on its own or on its Customers',
- misrepresent or mask the origin of any data, content or other information you submit for example by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else or access the Services via another Customer's account without their permission,
- use the Services in a way which violates the rights of other individuals or laws,
- promote or advertise products or services different the one belonging to the Customer without legal basis,
- allow or encourage anyone else to commit any of the actions listed above.
- As a condition of using the Services the Customer shall (a) as required by applicable law, provide notice to its customers, (End-users) and obtain consent if required for use of LiveChat, Inc. Services as well as for processing and transferring Agents and End-users Personal Data to the Company and its Third Party Service Providers (including but not limited to the consent for processing a sensitive data if required); (b) be responsible for its employees, representatives, End-users, and Agents that use the Services; © comply with any limitations or restrictions set forth in these Agreement, and (d) use the Services only in compliance with applicable law.
- All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, "Data"), is the sole responsibility of the person from whom such Data originated. Customer is wholly responsible for all download, uploaded or otherwise transmitted via any of the Services. LiveChat, Inc. is not responsible for the Data that the Customer submits in a Services.
- The Customer acknowledges and agrees that the Company may engage Sub-processors in connection with the provision of the Services, including without limitation the Processing of the Customers Personal Data.
- Customer acknowledges and agrees that by downloading Application (defined in the Developers Terms) from the Apps Marketplace, the Customer agrees that their Personal Data will be made accessible to the Developer who published Application via Apps Marketplace. The Customer agrees and acknowledges that LiveChat, Inc. has no responsibility for providing any support and/or maintenance for Applications from the Apps Marketplace. Failure of a Developer to provide support and maintenance will not entitle the Customer to any refund of fees paid or compensation, if any, for the Application or the Service.
Trademarks and copyrights
- "LiveChat" is a trademark registered in the United States Patent and Trademark Office and is therefore subject to national as well as international protection.
- The LiveChat, Inc. states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity. These assets are protected respectively by: an act dated 4th February 1994- Copyright and Neighboring Rights; an act dated 16th April 1993- Combating of Unfair Competition; an act dated 30th June 2000-Industrial Property Rights; European Union Law and other binding international agreements.
- The LiveChat, Inc. websites listed above and all information, content, material, graphics, products (including any software) and services included on or otherwise made available to the Visitors and the Customer through the aforementioned websites are its exclusive property and are covered by an act on copyright and neighboring rights.
- Website addresses as well as their contents and layouts are protected by the aforesaid acts.
- The LiveChat, Inc. websites and all information, content, material, products (including any software) and services included on or otherwise made available to the Customer through the aforementioned websites are provided by "as is" and "as available" basis unless specified otherwise in the Agreement. The Customer accepts the fitness of the Services and product for the purpose.
- Prior written consent of LiveChat, Inc. is required for any not permitted business and non-business use of offered Services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications).
- Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the Customer or any other entity or person without express consent of LiveChat, Inc. is prohibited. Such acts are not deemed to be the proper use of Services.
- The Customer must not modify or change the purpose and use of offered Services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of LiveChat, Inc. is prohibited.
- The use of offered Services available on the websites listed above is free of charge for the first several weeks depending on the Service.
- After that free trial period if the Customer wishes to continue using our Services he or she will be requested to make a payment according to currently effective price list placed on the individual website.
- All payments shall be non-cash transactions, conducted electronically by external professional entities.
- Non-payment according to currently effective price list means resignation from the provided Services.
- The receipts for all payments will be provided electronically and stored in the product as PDF files.
- The Customer shall be given a 14-day period notice of all changes in the price list.
- Regardless of the billing cycle, the Company provides no refunds or credits for unused time of the Services or plan downgrades if you decide to close your account before the end of your subscription period.
- There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the ultimate benefit of our Customers.
- Details for trial account, paid subscription and canceling the account are as follows:
- Trial license After signing up you get a new, fully functional Service account . The free trial is valid for a several weeks (depending on the Service) because we want you to test the Service in your own business environment and get to know our product well before you make your decision about subscription. During your trial period, the credit card is not required.
- Paid subscription Once you decide to subscribe, we need you to provide your credit card details, number of Agents (operators) seats and subscription period – however, we will not charge you immediately after submitting your details, but upon the end of your free trial. We do not offer refunds on already processed payments – this policy is the same for all Customers – and you are responsible for all charges in your subscription.
- Canceling the license You can cancel your account (license) at any time in the panel under Subscription tab. After canceling, your license will stop working immediately. Credit from previous payments will be lost and is not refundable.
Data Protection Compliance
- LiveChat, Inc. is dedicated to protecting data protection and to promote compliance with rules set forth by, among others, European Union.
- This Agreement shall be supplemented by General Data Protection Compliance form available through this link.
- Any observation or breach of data protection may be reported via firstname.lastname@example.org
- The Customer may close its account at any time. Account closing means that the further use of Services with the use of current password and login shall no longer be possible.
- The Customer is responsible for closing his account.
- Closing the account by the Customer before the end of settling period for which a payment has been made does not obligate LiveChat, Inc. to refund the amount for the unused period.
- LiveChat, Inc. reserves the right to close Customer's account due to gross infringement of the provisions of these Terms and Conditions or in the event of illegal use of the offered Services.
- LiveChat, Inc. shall not be liable for any damage suffered by the Customer or the End-user arisen due to the suspension or closing the account by the Customer or for other reasons arising from the Customer's fault.
Guarantee and limited liability
- LiveChat, Inc. guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services and products in accordance with their use and purpose.
- LiveChat, Inc. does not guarantee compatibility of offered Services and products with other producers' software. The Customer shall bear responsibility for the choice and consequences following from the use of other software including its applicability to the Customer's objectives. Please be aware that due to the complexity of long-distance data transmission there is no possibility to ensure an absolute security, accessibility and continuity of the provided Service.
- LiveChat, Inc. stipulates that opinions given by users do not reflect in any possible manner Company's views and opinions. LiveChat, Inc. does not monitor or control Customer's opinions on a continual basis; if, however, any opinions in breach with these Terms and Conditions should be revealed efforts shall be immediately made to remove them as soon as possible.
- LiveChat, Inc. shall bear no liability in particular for:
- all negative consequences being the result of force majeure,
- phrases and entries added to the network in connection with the use of offered Services,
- unlawful and inconsistent with these Terms and Conditions Customer's operations while using offered Services and products,
- disturbances in accessibility of offered products and Services not caused by LiveChat, Inc.,
- damage suffered by the Customer, End-user or any other person or entity arisen due to the suspension or closing the account by the Customer or for other reasons arising from the Customer's fault,
- damage suffered by the Customer as a result of a third party using his data that enable him to access the provided Services and products,
- damage following from the Customer or the impossibility to use offered products and Services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
- consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and Services.
- All disputes arising in connection with these Terms and Conditions shall be primarily resolved amicably.
- LiveChat, Inc. is open to set up a mediation in case of any conflict.
- All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of LiveChat, Inc. principal office.
- The provisions of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these Terms and Conditions.