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 Addendums to the Agreement) means any user, person or entity who creates an account and uses Services supplied by the Company under the Agreement.
“Visitor” means any person who is visiting/browsing any website where LiveChat, Inc. Services are installed.
“Agent” means any person who is employed by the Customer to operate Services for or on behalf of the Customer.
“End-user” means any person who uses 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.
“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, to provide 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 these Terms and Conditions LiveChat, Inc. renders the following Services: LiveChat, HelpDesk, ChatBot and Knowledge Base via the following Internet websites www.livechatinc.com, www.helpdesk.com, www.chatbot.com, and www.knowledgebase.ai or via mobile applications.
- Accepting these Terms and Conditions is a condition of using the 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 and notices contained or referenced in this Agreement.
- Please keep in mind that LiveChat, Inc. may modify the provisions of these Terms and Conditions and only those currently visible on our website are up to date and valid at the time. However, modifications shall not adversely affect the main provisions of the Agreement such as terms of payment or termination of Services. Such changes shall take place with prior explicit notification to the Customer at least 30 days before the change implementation and – if not clearly rejected within 7 days after the notification – are treated as accepted. Therefore, we encourage you to periodically familiarize yourself with the currently effective Terms and Conditions version on our Internet websites.
- Further use of Services, after explicit notification of changes by LiveChat, Inc. and in the absence of Customer rejecting such changes, 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 www.livechatinc.com, www.helpdesk.com, www.chatbot.com and www.knowledgebase.ai and provided by LiveChat, Inc. shall be deemed as Services.
- The usage of any new Services available on the 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 Agreement.
- LiveChat, Inc. Services may be used only in line with its original purpose and aim. Detailed guidelines concerning the proper use of the Services are enlisted in the Acceptable Use Policy section below.
- LiveChat, Inc. Services can be accessed solely by logging in to the Service on a particular website.
- Every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for keeping and proper protection of his password and login (credentials).
- The Customer must be at least 13 years of age to be able to register and to access his or her account. LiveChat, Inc. does not knowingly provide Services to any person under the age of 13.
- The Customer undertakes to use the Services in accordance with their use, purpose and in a 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 the 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 information obtained in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.
- The Customers of LiveChat, Inc. Service declares that they will not use the Service in a way that may constitute a violation of laws.
- Violation of these 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 www.livechatinc.com, www.helpdesk.com, www.chatbot.com, www.knowledgebase.ai, mobile versions and successors URLs related to the domain or subdomain.
- To ensure proper and fluent functioning of Services we hereby declare that LiveChat, Inc.’s Customers shall not misuse the Services. Consequently, Customers agree not to:
- hinder functioning of 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 these 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 provide the Service (including but not limited 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 from 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 Agents as well as obtain consent (if required) for processing and transferring Agents and End-users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-users, and Agents that have access and use the Services; © comply with any limitations or restrictions set forth in this 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 property of Customer The Customer is solely responsible for Data collected, submitted and generated by the Services.. LiveChat, Inc. is not responsible for the way the Customer uses the Services and Data.
- 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.
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.
- The LiveChat, Inc. websites listed above and all information, content, material, graphics, products (including any software), website addresses and layouts 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 protected under applicable law.
- The LiveChat, Inc. websites and all information, content, materials, products (including any software) website addresses and layouts and services included on or otherwise made available to the Customer through the aforementioned websites are provided “as is” and “as available” 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. 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. 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 Services (free trial period).
- After that free trial period if the Customer wishes to continue using our Services the Customer will be requested to make a payment according to the currently effective price list placed on the individual website.
- All payments shall be non-cash transactions, conducted electronically by external professional entities.
- Lack of payment 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 trial account. The free trial is valid for several weeks (depending on Services) because we want you to test the Services in your own business environment and get to know them 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, 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
After canceling your account (license), it will stop working immediately. Credits from previous payments are not refundable.
Data Protection Compliance
- LiveChat, Inc. is dedicated to providing data protection and to promote compliance with rules set forth by, among others, European Union.
- This Agreement shall be supplemented by the General Data Protection Compliance form available through this link.
- Any observation or breach of data protection may be reported via firstname.lastname@example.org (or via support e-mail of the Service you use).
- The Customer may close its account at any time. Account closing means that the further use of Services with the use of the 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 and terminate the Agreement anytime without prior notification to the Customer in case of breaching provisions of the Agreement or in the event of illegal use of the furnished Services.
- LiveChat, Inc. shall not be liable for any damages suffered by the Customer or the End-user or any other third party arisen due to the suspension or closing the account by the Customer or due to the suspension or closing the account by the Company or in the event of illegal or for other reasons arising from the faulty use of the offered Services by the Customer, its Agents or End-user.
Guarantee and limited liability
- LiveChat, Inc. guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.
- LiveChat, Inc. does not guarantee compatibility of offered Services 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 absolute security, accessibility and continuity of the provided Service.
- 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 by Customer, End-Users in connection with the use of offered Services,
- unlawful and inconsistent with these Terms and Conditions usage of Services,
- disturbances in accessibility of offered Services not caused by LiveChat, Inc.,
- damages suffered by the Customer, End-user or any other person or entity arisen due to the third-party claims, or suspension or closing the account by the Customer or for other reasons arising from the Customer’s fault,
- damage incurred by the Customer, End-Users or any other person or entity as a result of Customer’s third party using Services that enable or prevent the Customer, End-Users from accessing the provided Services,
- damages following from the Customer or the impossibility to use offered Services including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement.
- Governing Law. This Agreement shall be governed by the laws of the State of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be an appropriate federal or state court located in the State of Massachusetts, and the Parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non-conveniens. All disputes arising out of this Agreement shall be primarily resolved amicably. LiveChat, Inc. is open to set up a mediation in case of any conflict. Prior to initiating any legal action arising out of this Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with a view to speedy resolution of such dispute within thirty (30) days of the receipt of such notice.