LivChat
TERMS OF SERVICE

Last Updated on September 3, 2024


1. INTRODUCTION


Welcome to LivChat! Please review these Terms of Use before using our platform.

 

1.1 Compliance with these Terms


These Terms apply to all LivChat users, regardless of location. By using LivChat, you agree to these terms and must follow our policies. If you don't agree, please stop using LivChat


1.2 Contracting Entity


By using LivChat, you are agreeing to be bound by these Terms between you and LivChat Team (“we”, “our” and “us”).


We may specify in certain of our LivChat service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of us) in relation to your use of the relevant LivChat service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant LivChat service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant LivChat services or features.


1.3 Service Eligibility


The services of LivChat are not for use by anyone under the age of 18.


To use the services, you agree that: (i) you must be the “Minimum Age” (described below) or older; and (ii) you are not already restricted by us from using the services provided via LivChat.


We may change the Minimum Age from time to time based on our sole discretion. Where this is the case, the users of LivChat who were below the new Minimum Age when they started using the services under previous Terms of Use may continue to use them, as they have already reached the new Minimum Age since then.


“Minimum Age” means 18 years old. However, if applicable law requires that you must be older in order to lawfully use LivChat without parental consent (including the use of your personal data), then the Minimum Age is such an older age.


If applicable law requires you to obtain the consent from your parent or guardian, then your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use LivChat.

 


2. ADDITIONAL TERMS AND POLICIES


We offer a diverse range of services and features within LivChat, so in addition to these Terms, there may be certain additional terms and policies that may be applicable to your use of all or part of LivChat, as set out in this section and as otherwise notified to you from time to time. These additional Terms of Use and policies all form part of and are incorporated into these Terms.


2.1 LivChat policies


Besides these Terms, you must also comply with LivChat Privacy Policy which sets out how we collect, store and use your personal information in using LivChat.


2.2 Terms applicable to specific LivChat features


Some of our services and features may have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms.


2.3 Inconsistencies


To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:


 


3. CHANGES TO THESE TERMS AND LIVCHAT


We may make changes to these Terms above from time to time, so please come back and review them.


In addition, as LivChat and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from LivChat (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.


Where we consider that any changes to these Terms or LivChat are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use LivChat after we make any change to these Terms or LivChat, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.

 


4. YOUR ACCOUNT


You will need to create an account with us in order to access and use LivChat via 1) using your existing account opened at third-party social media platforms (such as Facebook or Google) and 2) registering and logging in as visitors. Under the circumstance you choose 1), we will have the right to access, collect and use your information relating to these third-party accounts.


Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within LivChat remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.


You are responsible for: (i) safeguarding your account details, including any password used to access your account and LivChat, and (ii) all use of LivChat under your account. You must promptly notify us at help@livchatvideo.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on LivChat as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.


LivChat may offer methods for deactivating your service-specific account – please refer to LivChat for further guidance (if available) from time to time.


Please note that when you login as a visitor, there is always a risk of loss of both your account and any interests linked with the account, such as gold coins you prepaid. Therefore, we highly recommend you login through Facebook or Google account, to avoid any risk of loss of information and gold coins.

 


5. PAYMENTS


5.1 Purchases and refunds


You may, from time to time, make payments to us or third parties as part of your use of the service. We may set out further terms applying to such payments, including in relation to refunds (if any), billing arrangements, and any consequences of failing to make timely payments. You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.


ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.


We may process payments from you in the service via a third-party service and you agree to comply with that relevant third-party's terms and conditions in relation to the payment processing service, as further set out in the “Third-Party Content and Services” section below.


Also, you agree that:



5.2 Subscription management


We may offer subscription plans in our service. Subscriptions can be canceled anytime. If you cancel a subscription through Google Play’s billing system, you will not receive a refund for the current billing period, but will continue to receive your subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.


You can go to Google Play subscription center to manage your subscriptions through the link below:


https://play.google.com/store/account/subscriptions



6. INFRINGEMENT OF RIGHTS


We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact help@livchatvideo.com.

 


7. THIRD-PARTY CONTENT AND SERVICES


We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by LivChat, including content provided by users of LivChat or by our advertisers. You acknowledge and agree that by using LivChat, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from LivChat by you is at your own risk. Your use of LivChat does not give you any rights in or to any content you may access or obtain in connection with your use of LivChat.


We also do not guarantee the quality, reliability or suitability of any third-party services provided, made available, advertised or linked through LivChat and we will bear no responsibility for your use of or relationship with any such third parties or third-party services.


We may review (but make no commitment to review) content or third-party services made available through LivChat to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of LivChat.


There may be, from time to time, third-party content and services on LivChat that are subject to further terms – for examples, terms from the relevant third-party that originally produced or created such content or service, or terms from the relevant third-party in relation to promotional activities being held on LivChat. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third-party content and services.

 


8. OUR INTELLECTUAL PROPERTY RIGHTS


All intellectual property rights in or to LivChat (including any future updates, upgrades and new versions to LivChat), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding LivChat are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.


You may not copy, modify, reverse compile, reverse engineer or extract source codes from LivChat, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from LivChat, you will first contact us to request the information you need.


We may from time to time provide updates to LivChat. Such updates may occur automatically or manually. Please note that LivChat may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of LivChat, or that such updates will continue to support your device or system.


We may, in our discretion, provide technical support for LivChat (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.

 


9. USE OF YOUR DEVICE BY LIVCHAT


In order for us to provide LivChat to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access LivChat – for example, we may need to use your device's processor and storage to complete the relevant LivChat software installation, or use your device's camera and microphone to provide video chat services to you. You agree to give us such access to and use of your device.


You hereby authorize us to collect and use the address books, contact lists, mail box, system application lists, device information, and unique device identifiers (UDID, for example) contained in the Devices to which you have downloaded LivChat for purposes of your use of the services.


We will provide further information regarding how LivChat uses and accesses your device within LivChat or in another manner (e.g. via the relevant app store as part of the installation process for LivChat on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide LivChat to you.


Any Personal Information (as defined in the LivChat Privacy Policy) that we use or access within your device will be treated in accordance with these Terms and our Privacy Policy.


You may need an adequate internet connection in order to authentic your LivChat account or use LivChat. You may also be required to activate certain functionalities within LivChat in the manner described within LivChat. You may not be able to use certain functionalities within LivChat if you do not comply with such requirements.


Please note that we are not responsible for any third-party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of LivChat.

 


10. YOUR CONTENT


When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of LivChat (“Your Content”), you understand and agree that:



In addition, you agree that we and our affiliate companies (subject to these Terms, our LivChat Privacy Policy and applicable laws and regulations):



You understand that even if you seek to delete Your Content from LivChat, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third-party from storing or using any of Your Content that you have made public via LivChat.


We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.


You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.


You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.


LivChat is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in LivChat Privacy Policy.



11. DOS AND DON’TS


11.1 You agree that you will:



11.2 You agree that you won’t:


 


12. CHILD SAFETY


Content that sexualizes children is unacceptable on LivChat. We have zero tolerance for any text or media, whether real or generated, that depicts children in a sexualized manner on our platform. Such content inflicts serious harm on victims and has no place here.


We promptly report any child sexual abuse exploitation (CSAE) material to the National Center for Missing & Exploited Children. Users found posting such content will be permanently banned from LivChat.


12.1 Prohibition of CSAE


You acknowledge and agree that any form of CSAE, which encompasses activities such as the sexualization of children or the portrayal of sexual content involving minors, is explicitly prohibited on our platform. This prohibition extends to all users and encompasses any attempt to solicit, share, or disseminate such content, regardless of its form or intent.


12.2 Reporting CSAE


In our commitment to maintaining a safe environment for all users, we have established comprehensive measures for reporting and addressing instances of CSAE on our platform. This section outlines the various channels available for reporting CSAE content, including our in-app user reporting mechanism and the assistance provided by dedicated organizations worldwide.


We offer a flag and report mechanism within the app, allowing users to promptly report any concerns or instances of CSAE. Your active engagement in utilizing this feature is not only appreciated but crucial in upholding a safe and secure environment for all users. Additionally, our platform employs a team of dedicated content moderators who diligently review reported content and take swift action when necessary to enforce our CSAE policies and maintain the integrity of our community.

  

Below, we provide a list of reputable organizations and resources where individuals can seek support, report CSAE incidents, and access additional information:


  l'Association des Fournisseurs d'Accès et de Services Internet

  https://www.pointdecontact.net/

  

Jugendschutz

https://www.jugendschutz.net/

  

家庭衝突及性暴力政策組

https://www.childprotection.gov.hk/#/


Childline 1098 India

http://www.childlineindia.org.in/


INHOPE Association

https://inhope.org/EN#hotlineReferral


Internet Hotline Center Japan

https://www.internethotline.jp/


Communication Standards Commission

https://www.kocsc.or.kr/mainPage.do


National Center for Missing and Exploited Children

https://report.cybertip.org/



13. WARRANTY AND DISCLAIMER


We warrant to you that we will provide LivChat using reasonable care and skill.


APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LIVCHAT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO LIVCHAT OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY LIVCHAT, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT LIVCHAT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT LIVCHAT WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT LIVCHAT WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

 


14. LIABILITY FOR LIVCHAT


TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR LIVCHAT, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE LIVCHAT AND IN NO EVENT WILL IT EXCEED $50.


TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:



NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.


YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF LIVCHAT; OR (II) YOUR BREACH OF THESE TERMS.

 


15. NO LIABILITY FOR THIRD PARTIES


As set out in the “Third-Party Content and Services” sections of these Terms, various third parties may provide certain content, services or software within LivChat.


THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH LIVCHAT, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD-PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN LIVCHAT.

 


16. TERMINATION


These Terms will apply to your use of LivChat until your access to LivChat is terminated by either you or us.


We may suspend or terminate your access to your account or any or all of LivChat: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of LivChat creates risk for us or for other users of LivChat, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation; (iii) if you fail to use LivChat for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.


Upon termination of your access to LivChat (in whole or in part), you will immediately permanently delete all copies of LivChat to which the termination relates and you will immediately cease accessing and using LivChat.


Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the LivChat Privacy Policy). Where we suspend or terminate all or part of LivChat, or where your access to LivChat is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.


 

17. GENERAL


These Terms are the entire agreement between you and us in relation to LivChat. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words “include” and “including” are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.


No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.



18. CONTACTING US


For any inquiries or notifications regarding these terms, please contact us at help@livchatvideo.com.