Effective date: 27 May 2019
Please read carefully these Terms because they contain important information about your use of LiveCaller, legal rights and obligations, liabilities, and limitations. By accessing and using LiveCaller, you acknowledge that you have read, fully understand, and agree to these Terms. If you do not agree with one or more provisions of these Terms, please do not use LiveCaller.
Table of Contents
1. GENERAL INFORMATION
1.1 About LiveCaller. The Software is cloud-based customer support and communication software that allows business entities that install the Software on their websites (the “Clients”) to interact with their customers or potential customers (the “End-Users”) via Internet-based calls and chats. The Website provides information about the Software and allows the Clients to sign up, login to, and manage their user accounts.
1.2 Third parties. These Terms apply to LiveCaller only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for the acts and omissions of third parties, the quality of the services provided by third parties, the content uploaded by third parties on LiveCaller, and security and privacy practices deployed by the operators of third-party websites linked to and from LiveCaller.
1.3 Minors. LiveCaller should not be accessed and used by persons under the age of majority in their jurisdiction.
1.4 License to use LiveCaller. We grant you a personal, revocable, non-exclusive, non-transferable, and limited license to use LiveCaller pursuant to these Terms.
1.5 Your representations. By downloading, installing, accessing, and using the Software and browsing the Website, you represent and warrant that:
- You will not use LiveCaller in a way that violates any applicable laws;
- You are at the age of majority in your jurisdiction; and
- You will use LiveCaller only in accordance with these Terms;
1.6 Disclaimer. Although we regularly monitor the information available on LiveCaller, we do not guarantee the truthfulness, reliability, currency, relevance, and completeness of the information available on LiveCaller. Further, we are not responsible for the correctness, legality, and suitability of any information and content provided by the users through LiveCaller.
1.7 Support. Any requests for customer or technical support should be addressed to us by email at [email protected] We will respond to enquiries without undue delay and no later than 72 hours.
1.8 Other relevant terms. Other documents that are include important provisions regarding your use of LiveCaller are our:
1.9 Transfer of rights and obligations. The Company is entitled to transfer its rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to the user. If the user does not agree to the transfer, the user can terminate these Terms with immediate effect by deleting the Client’s Account (if any) and/or stopping to use LiveCaller.
1.10 Emergency dialing. LiveCaller is not intended and cannot be used to entirely replace inbound-outbound telephone connection. Thus, LiveCaller does not include emergency dialing feature (e.g., 112 in Europe and 911 in the U.S.). You are solely responsible for ensuring that, in case of an emergency, you have access to the telephone connection or other alternative method necessary to dial such emergency numbers.
3. TYPES OF USERS AND CLIENT’S ACCOUNT
3.1 Types of users. LiveCaller can be used by two types of users, namely, the Clients (i.e., our direct business clients that install the Software on their websites to provide customer support services to their customers and potential customers) and the End-Users (i.e., the customers and potential customers of the Clients that use the Software to contact the Clients, communicate with the Clients via a video call or a chat, and receive customer support services). The End-Users can use the services provided through the Software and browse the Website without signing up, whereas the Clients are requested to register a user account to access the full functionality of LiveCaller.
- The Client shall comply with these Terms and all applicable laws;
- The Client shall provide only true, accurate, complete, and up-to-date personal data;
- The Client is a human and not a machine (Client’s Accounts that are registered by machines, bots, and other automated methods are not permitted);
- The Client registers no more than one Client’s Account; and
- The Client is solely responsible for all information and activities that occur under Client’s Account.
3.4 Security of the Client’s Account. The Client is solely responsible for maintaining the confidentiality of the Client’s Account, including handling login details and passwords in a secure manner. The Client further agrees to immediately notify us about allegedly unauthorized use of the Client’s Account or any other security breach related to the Client’s Account. The Client is responsible for using secure Internet connection and protected networks accessing LiveCaller. We cannot and will not be liable for any loss or damage resulting from Client’s failure to comply with these security obligations. If there is an unauthorized use of LiveCaller through the Client’s Account, the Client is requested to inform us without undue delay.
3.5 Deactivation of the Client’s Account. At any time, the Client may deactivate the Client’s Account. Upon deactivation of the Client’s Account, these Terms shall terminate. Notwithstanding Section 5.7 of the Terms, no fees shall be returned to the Client upon deactivation of the Client’s Account.
3.6 Suspension and termination of the Client’s Account. We reserve the right to suspend or terminate the Client’s Account if, at our sole discretion, we have grounds to believe that Client’s use of LiveCaller seriously and repeatedly breaches these Terms. We may also suspend or terminate the Client’s Account upon a lawful request of a public authority.
3.7 Assignment of the Client’s Account. The Client is not allowed to assign Client’s rights under these Terms and the Client’s Account is not transferable.
4. USER-GENERATED CONTENT
4.1 The users can submit various types of content through LiveCaller, including messages, text, photos, files, and reviews (collectively, the “User-Generated Content”). The User-Generated Content may become available to other users of LiveCaller. The user is not allowed to make publicly available personal data of persons who have not provided the user with their prior authorization or consent to share that personal data. The user agrees not to submit any User-Generated content that violates these Terms or any applicable laws.
4.2 By submitting the User-Generated Content through LiveCaller, the user grants us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the User-Generated Content for the purposes of providing services through LiveCaller. We reserve the right, in our sole discretion, to refuse to upload, modify, delete, or remove any User-Generated Content that violates these Terms.
4.3 We do not control, or have any knowledge of the content of any communication(s) transmitted between the Clients and the End-Users through LiveCaller and such content is the responsibility of the user from whom such content originates. No content violating any provision of these Terms, especially Section 8 of the Terms, may be submitted through LiveCaller.
4.4 The user is solely responsible to creating, keeping and maintaining any back up copies of any information submitted to and through LiveCaller.
5. FEES AND PAYMENTS
5.1 The Fees. Client’s use of LiveCaller is subject to the applicable service fees (the “Fees”) payable on a subscription basis. The Fees depend on the specifics of the services provided through LiveCaller. The schedule of the Fees and the available subscription plans (the “Subscription Plans”) are specified at https://livecaller.io/pricing or communicated to the Client personally. The Fees are charged automatically on a recurrent basis at the beginning of each billing period chosen by the Client (monthly or annually), unless cancelled earlier by the Client. By concluding a service contract with us, the Client agrees to pay the Fees in accordance with these Terms, the terms and conditions of the respective Subscription Plan, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as (i) they are indicated on LiveCaller, (ii) as communicated by us, or (iii) Client’s Subscription Plan lasts. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to the Client and, if necessary, we will request the Client to provide consent to the amendments of the Fees.
5.2 Additional Fees. We reserve the right to institute new charges and the Fees at the end of then current renewal term, upon a 30-days prior notice to the Client. If Client’s use of LiveCaller exceeds the capacities set forth in the initial service agreement or otherwise requires the payment of additional Fees, the Client shall be billed for such usage and the Client agrees to pay the additional Fees in the manner provided herein.
5.3 The Trial Period. We provide the Clients with a 14-day trial period (the “Trial Period”). The Trial Period is not subject to the Fees and we will not charge the Fees for the Trial Period. The Trial Period commences automatically after the Client concludes a service contract with us. The Client can cancel the Trial Period at any time before the Trial Period expires. Upon expiration of the Trial Period, unless cancelled earlier by the Client, the Subscription Plan chosen by the Client shall commence, subject to the applicable Fees.
5.4 Taxes. Unless indicated otherwise, all Fees exclude VAT and all other taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, the Client is responsible for paying all applicable taxes, levies, and duties, excluding local taxes based solely on Company’s income. Moreover, we are not responsible for covering any Internet service fees, surcharges, and other amounts incurred as a result of Client’s use of LiveCaller and the Client is solely responsible for covering such costs.
5.5 Payment. All payments related to LiveCaller, including the Fees, will be processed by our third-party payment processor Stripe, Inc. (the “Payment Processor”) on behalf of our entity LiveCaller, Inc. having a registered place of business at 2035 Sunset Lake Road, Suite B-2, Newark, DE, 19702 (the “Payment Entity”). The Payment Entity is responsible for managing all payments related to LiveCaller, including charging the Fees, maintaining accountancy records, and being in charge of the contractual relationship with the Payment Processor. Therefore, in the invoices issued to the Clients, the Payment Entity will be specified as the service provider and the recipient of the payments made by he Clients through the Payment Processor. The Client is responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. The Client agrees not to hold us liable for payments that do not reach us because the Client has quoted incorrect payment information or the Payment Processor refused the payment for any other reason. Should the Payment Processor refuse the payment, the provision of the services shall be suspended until the payment is executed successfully. The Payment Processor may collect some personal data from the Clients, which will allow it to make the payments requested by the Client. The Payment Processor handles all the steps in the payment process through its systems, including data collection and data processing. For more information, please refer to https://stripe.com/en-be/privacy.
5.6 Technical steps to conclude a service contract. The Clients that would like to conclude a service contract with us need to: (i) visit the Website; (ii) register the Client’s Account by clicking on “Signup” and submitting the requested personal data; (iii) choose the applicable Payment Plan; and (iv) and provide the required payment information. The Client will be able to identify and correct any input errors prior to clicking on the “Pay” button. After the Client clicks on the button “Pay”, we will send a confirmatory email informing the Client about the order. By clicking on the button “Pay” and receiving a confirmatory email, the Client concludes a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to the Client. However, if the Client does require any information regarding the order, the Client can consult Client’s Account or contact us directly.
5.7 Cancelling the Payment Plans. The Clients are entitled to cancel then-current Payment Plans at any time though the Client’s Account or by contacting us directly. No Fees paid for the respective Payment Plan shall be returned to the Client if the Payment Plan is cancelled by the Client. After the cancellation of the Payment Plan becomes effective, no further Fees shall be charged to the Client and the Client shall cease using the Software.
5.8 Refunds. We strive to provide the best possible services through LiveCaller. If the Clients are not satisfied with LiveCaller and there is a reason to believe that the quality of the services is impaired due to our fault, we may, after carefully assessing the issue and in our sole discretion, issue partial or full refunds to the Clients. The situations in which we may consider issuing refunds include: (i) if the services provided though LiveCaller are impaired due to technical issues that cannot be solved in a reasonably timely manner; (ii) we materially breach these Terms; or (iii) we fail to provide the services as agreed to with the Client. In order to terminate the service contract and receive a refund, the Client must contact us and explain Client’s concern in detail. If the Client qualifies for a refund, we will issue the refund by using the same payment method that the Client used to make the payment, unless the Client expressly requests otherwise.
6. FEES AND PAYMENTS
6.1 LiveCaller facilitates the communication between the Clients and End-Users. We do not intervene in any manner into the communication between the users of LiveCaller, as well as negotiation, conclusion, and execution of any contracts between the Clients and the End-Users. The Company is not a party to any contracts between the Clients and the End-users and, therefore, the Company shall not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from such contracts and any transactions made between the Clients and the End-Users as a result of their interactions through LiveCaller.
6.2 The Company makes no warranties regarding any services provided by the Clients, the content of the communication through LiveCaller, and any transactions carried by the users through LiveCaller.
6.3 The Company is not responsible for any disputes that arise between the Clients and End-Users, nor is it obliged to receive or process, complaints against the users of LiveCaller or resolve disputes between the users, unless the complaint concerns the performance of Company’s legal or contractual obligations under these Terms.
7. MARKETING AND INFORMATIONAL NOTICES
7.1 From time to time, we may send the Clients marketing messages, such as newsletters, brochures, promotions and advertisements, informing the Clients about our new services. The Clients can be contacted by us for marketing purposes only if:
- We receive Clients’ express (“opt-in”) consent to receive marketing messages. A voluntary subscription for a newsletter on the Website constitutes Client’s consent to receive marketing communication. The Clients can opt-out from receiving such marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to the Clients or contacting us directly; or
- We decide to send the Clients marketing messages about our new services that are closely related to the services already used by the Clients.
7.2 Informational notices. From time to time, we may send users informational notices, such as service-related, technical or administrative emails, information about LiveCaller, users’ privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires users’ prior consent.
8. PROHIBITED USE
8.1 The users are not permitted to use LiveCaller in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Infringement of rules, laws, and regulations pertaining to or regulating the use voice broadcasting, electronic communications, telemarketing, voice recording or surveillance;
- Provision of false, inaccurate, or misleading information;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening LiveCaller;
- Intervening into communication of other users of LiveCaller;
- Abusing other users of LiveCaller;
- Using bots and other automated methods; or
- Collecting and disclosing any information about the users of LiveCaller.
9. INTELLECTUAL PROPERTY
9.1 Most of the content made available on LiveCaller is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties.
9.2 The user is not allowed, without obtaining prior written authorization from us, to:
- Distribute Our Content;
- Copy Our Content;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
- Rent, loan, use, lease or attempt to grant other rights to Our Content to third parties.
9.3 LiveCaller brand. The user many not use the LiveCaller brand or trademarks associated with LiveCaller outside of what is expressed. The user may not use the LiveCaller brand and trademarks in any way that suggests that LiveCaller sponsors, endorses, or associates with the user without obtaining prior written consent from the us.
9.4 Third-party intellectual property. Some of the trademarks and other intellectual property featured on LiveCaller may be owned by third parties (e.g., social media providers). Such third-party intellectual property does not belong to us and it remains the sole property of the respective third party proprietors. Any intellectual property (e.g., computer files) transmitted through the Software is subject to strict confidentiality and remains the sole property of its respective owners. We will not access or use such intellectual property for the purposes other than ensuring the provision of our services through LiveCaller.
9.5 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through LiveCaller violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content (our contact details are indicated in Section 19 of the Terms). We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you SIGN it and include the following information:
- Identification with sufficient detail of the copyrighted work that you believe has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact details allowing us to respond to your claim;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
10.1 We put reasonable efforts to ensure that LiveCaller is always accessible. However, the availability of LiveCaller may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events. We take no responsibility for the unavailability of LiveCaller caused by such factors. If you encounter problems while using LiveCaller, please contact us immediately.
10.2 We reserve the right, in our sole discretion, to change, modify, suspend, or discontinue any aspect of LiveCaller and any services provided through it at any time, including LiveCaller’s technical features, content, databases, availability, and specifications of the required equipment. We may also impose limits on certain features of LiveCaller or restrict your access to parts or all of LiveCaller without notice or liability.
11. THIRD-PARTY LINKS
LiveCaller may contain links to websites, applications, and services owned and operated by third parties (e.g., social media providers). We are not responsible or liable in any manner for and have no control over the content and terms and conditions of such third-party links, websites, applications, and services.
12. DISCLAIMER OF WARRANTIES
12.1 We provide LiveCaller on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of LiveCaller, and hereby disclaim all warranties regarding LiveCaller and its operation.
12.2 By using LiveCaller, the user acknowledges that we may use third party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of such third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
13. LIMITATION OF LIABILITY
13.1 Unless otherwise stated in the applicable law, we shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with user’s use of LiveCaller. The user agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
13.2 If, notwithstanding the foregoing, the Company is found liable to the user for damages for any cause whatsoever and regardless of the form of the action (whether in contract, tort, negligence, product liability, or other), Company’s liability to the user shall be limited to the Fees paid by the user in the last 12 months preceding the event giving rise to liability.
13.3 The user is aware that LiveCaller cannot be used to dial short emergency numbers (e.g., 112 in Europe and 911 in the U.S.) and agrees that the Company shall not be liable in any manner for user’s failure to access emergency number service through LiveCaller.
13.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this Section 13 may not apply to the user.
The user agrees to indemnify, defend and hold the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, third parties providing services to the Company, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of user’s breach of these Terms, the use of LiveCaller, or violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
16. GOVERNING LAW AND DISPUTES
16.1 Governing law. To the extent permitted by the applicable law, these Terms shall be governed by the laws of Georgia.
16.2 Dispute resolution. If you are not satisfied with the services provided by us, we strongly encourage you to contact us first so that we could address your concerns. If a dispute cannot be resolved through negotiation and you act as a non-consumer, you agree that any dispute concerning, relating, or referring to these Terms shall be resolved exclusively by binding arbitration and the online arbitration service provider Arbitration Resolution Services, Inc. (https://www.arbresolutions.com) located in Florida, the United States, will be engaged for resolving disputes. The arbitrator and not any court or agency shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, conscionability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Nothing herein prevents the user or the Company from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
17. GOVERNING LAW AND DISPUTES
17.1 The Terms enter into force on the Effective Date indicated at the top of the Terms and remain in force until terminated by us. We reserve the right, in our sole discretion, to terminate the Terms and provision of LiveCaller at any time by informing the user. In addition, user’s rights under these Terms will be automatically terminated if the user does not comply with any provision of these Terms. Upon termination of the Terms, all legal rights granted to the user pursuant to the Terms will terminate and the user shall stop using LiveCaller.
17.2 Breach of the Terms. If we believe, in our sole discretion, that the user violates these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send the user a formal warning;
- Temporary suspend Client’s Account;
- Delete Client’s Account;
- Temporarily or permanently prohibit the use of LiveCaller; or
- Commence a legal action against the user.
17.3 Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated, and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
18.1 We reserve the right to amend or modify the Terms from time to time by posting an amended version of the Terms on this page and indicating the date of the amendment. If we have user’s contact details, we will inform the user about the amendments by email. In case the user continues using LiveCaller after such an amendment, the user agrees to the amendments of the Terms.
18.2 Last amendment. The Terms were last amended on 27th of May 2019.