Terms of service
§ 1. General Provisions
The terms used in these Terms of Service shall have the following meaning:
- Price List – both standard and custom subscription plans:
- standard plans available at https://livecall.io/pricing, which set out the cost of providing LiveCall Service by LiveCall for the benefit of Users as well as detailed functionalities and technical parameters;
- custom plans with the parameters and limits individually specified by negotiations with User, if exist, are available in Billing section in the Web Panel.
- Password – a string of alphanumeric characters or special characters necessary for authorization in the course of obtaining access to the Account.
- Account – an account opened on the Webpage necessary for using the Services. Only registered Users have access to the Account. Logging in to the Account requires submitting following data: an active e-mail address and the Password. The Account is used free of charge.
- Free plan – a type of plan offered by LiveCall with the parameters and limits set out in the Price List, which allows User to use LiveCall Service for free.
- Business plan – a type of plan offered by LiveCall with the parameters and limits set out in the Price List, which allows User to use LiveCall Service against payment specified therein.
- LiveCall – LiveCall Software sp. z o.o. with the registered office in Warsaw (postal code 00-310) at ul. Bednarska 7, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Register of the National Court Register under number KRS 0000597585, Tax ID (NIP): 5252642120, initial capital PLN 9,500.00 fully paid-up. Contact e-mail address: email@example.com.
- Subscription Period – period of time indicated in the Price List for which User made payment or undertook to make it in the amount specified in the Price List. The Subscription Period may be one month or one year. The Subscription Period terminates on a day which falls a month or a year after the day on which the Subscription Period began and in the case there is no such day in the following month – on the last day of a given month.
- Trial Period – period in which User may use LiveCall Service free of charge within one of the selected plans. Trial Period begins on the first day on which User opens an Account and ends upon the earlier occurrence of (i) when you reach limit of calls transferred from Internet to selected phone number or (ii) when you reach 14 day after opening of an Account. After the lapse of the Trial Period, LiveCall Service in the selected plan ceases to be active. LiveCall Service may be activated by User at any time during the term of the Agreement on the conditions set out in the Terms of Service.
- Term of the Agreement – the term during which User and LiveCall remain bound by the Agreement, i.e. the period as of opening the Account to the termination of the Agreement.
- Authorized Person – a natural person who was invited by User to use the Services within User Account. User may give the Authorized Person access to all Services available on the Web Panel or solely selected areas and functionalities. Within the rights granted by User for the benefit of the Authorized Person, the Authorized Person is a proxy of User with the right to use the Services. The provisions of the Terms of Service pertaining to User shall apply to the Authorized Person accordingly.
- Terms of Service – this document that sets out the rules and the Terms of Service of providing/using the Services available on the Web Panel, including in particular the rights and obligations of Users and LiveCall; It’s accessible on https://livecall.io/terms-of-service/.
- Registration – performed in order to open the Account on the Web Panel by entering an e-mail address in the relevant registration form. This is a process of obtaining User rights and it is confirmed by both LiveCall and User. The registration form may be made available on the Webpage or via other access channels authorized by LiveCall.
- Web Panel – a system of webpages of LiveCall, including a limited access area, via which User may manage the services available therein.
- Agreement – an agreement concluded in an electronic form by and between User and LiveCall on providing the Account Service.
- Account Service – a service provided by LiveCall via the Internet and with the use of the Web Panel which consists in access to the Account, Account data management, the possibility to purchase and activate LiveCall Services and the possibility to download data collected by User in the form of a CSV file.
- LiveCall Service – a service provided by LiveCall via the Internet with the use of the Web Panel described in § 2. Points 3-4.
- Services – both the Account Service as well as LiveCall Service.
- User – a natural person, a legal person or an organisational unit using the Service based on the Agreement. The person who opens the Account for User that is a legal person or an organisational unit is obligated to obtain earlier a relevant power of attorney/authorization in this scope. A User may be an Entrepreneu.
- Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person that by law has legal capacity, running the business or professional activity within the meaning of the provisions of the Civil Code in their own name.
- External Payment Channel – an external service which is independent of LiveCall via which User may make payments for LiveCall Service, in particular with the use of credit cards or PayPal system. Payments are served by PayPal (Europe) S.à r. l. et Cie, S.C.A., a limited liability partnership with the registered office R.C.S. Luxembourg B 118 349 registered at 22-24 Boulevard Royal, L-2449, Luxembourg. The rules of using the Web Panel referred to in this definition and the rules of processing payments by the entity referred to in the preceding sentence is set out in separate Terms of Service available at the following URL address: https://www.braintreepayments.com/legal.
§ 2. Types and Scope of Serices Provided
- Under the Agreement, User obtains access to the Account on the Web Panel. This service allows User to manage the Account and purchase or activate other services available on the Web Panel.
- The Service is free of charge throughout the entire Term of the Agreement.
- During the Term of the Agreement, User may order LiveCall Service in any plan. LiveCall Service allows User to:
- to have online voice conversations with User’s website visitors who meet technological criteria and allow their browser to use the microphone,
- select website visitors that may have online conversations with User.
- LiveCall Service may be activated by User any time during the Term of the Agreement on the conditions set out in the Terms of Service.
§ 3. Technical Requirements
- In order to obtain access to the Services it is necessary:
- to accept the Terms of Service,
- to successfully register an Account,
- to use a device equipped microphone and speakers with an Internet browser Chrome46, Firefox41, Opera 32 or higher, with cookie files enabled and with at least 1 Mbit/s Internet access,
- to use Internet with open port on the range 49152 to 65535 and that allows UDP traffic.
- For the full use of LiveCall Service functionalities it is necessary for User webpage visitors to use devices and Internet specified in point 1 section c and d above.
- LiveCall shall provide technical assistance available at the following e-mail address: firstname.lastname@example.org. Assistance is provided on business days, Monday to Friday, between 9 a.m. and 5 p.m. CET excluding statutory holidays.
§ 4. Term and Termination of the Agreement
- The Agreement is concluded when an Account on the Web Panel is opened and it is effective until terminated. The Agreement is concluded for an indefinite term.
- An Account may only be opened when the Registration is completed.
- Any time during the Term of the Agreement, User may order LiveCall Service on the conditions set out in the Terms of Service.
- The Agreement may be terminated by User without notice if during that time LiveCall Service is not active. If LiveCall Service is active, the Agreement may be terminated with notice. The notice period is 30 days and it is calculated as of the day on which the Subscription Period lapsed.
- If User does not use the Web Panel (i.e. User does not log in to their Account, User does not have an active LiveCall Service, etc.) in the period exceeding two months of the lapse of the last Subscription Period or the Trial Period, despite being advised by LiveCall that the Agreement may be terminated, it is deemed that User does not intend to be bound by the Agreement any longer and User’s Account may be deleted.
- User may terminate the Agreement by sending an e-mail to the address email@example.com in which they shall provide account details.
- The lapse of the Subscription Period shall mean that LiveCall Service functionalities selected by User are no longer offered.
- LiveCall is authorized to block or terminate the Agreement, as the case may be, in accordance with the provisions of law should User breach the provisions of § 5 of the Terms of Service.
- In the event referred to above, the payment made by User who is an Entrepreneur shall not be reimbursed.
- In the case of doubts as to whether the notice was made by a given User, LiveCall may contact User by sending an e-mail message and request that User confirm their intention to terminate the Agreement.
§ 5. Rights and Obligations of User
- LiveCall shall offer User free technical assistance regarding use of the Services available on the Web Panel, in particular presentation of the principles of operation and their functionalities as well as the manner in which the Account is used. User may use technical assistance on the conditions set out in the Terms of Service during the entire Term of the Agreement.
- User shall have the right to manage the Services via the Account and the right to access the personal data provided and to edit them.
- User undertakes:
- not to take any actions which are contrary to the commonly binding provisions of law (in particular it is forbidden to disseminate content that contains child pornography, which infringes copyright or which is contrary to the principles of social coexistence, presents highly violent scenes and which may be deemed vulgar or insulting),
- not to provide by intermediary of the Service illegal content/data (in particular content of pornographic or racist nature), commonly deemed vulgar, insulting or obscene or which may offend other people’s beliefs, including religious and political beliefs, and any other that violate the provisions of law,
- not to use LiveCall to process sensitive personal data,
- not to use the Services for the purpose of sale of goods or services which are contrary to law,
- not to provide information that misleads as to the authenticity and origin of goods and or services,
- not to use the Web Panel and the Services in a manner contrary to law or decency or in a manner which infringes the personal interest of third parties or justified interest of LiveCall,
- not to distribute unsolicited commercial information,
- not to tamper with the source code of the Web Panel and the Services,
- not to place via LiveCall Service hyperlinks to infected webpages or webpages whose content is contrary to law,
- not to take any actions which may hinder or disrupt the operation of the Web Panel and the Services, in particular by willful insertion of a malicious code or infected files,
- to use the Services within the law and in accordance with their purpose,
- not to obtain access to Accounts of third parties (e.g. by cracking Passwords of other Users),
- not to overload connections or other infrastructure based on which the Services are provided in an excessive or disproportionate manner,
- to keep the Password in strict secrecy and not to disclose it to any third parties in any manner,
- not to make available the Account and Account access data to any third parties.
- Under the Service, it is forbidden to use any software/scripts unauthorized by LiveCall, in particular such software/script that disrupts or automates in any manner use of the Services, in particular viruses, bots, other malicious software and the like.
- User shall use their own, correct personal data and their own active e-mail address. LiveCall reserves itself the right to request that User confirm authenticity of their data by producing copies of relevant documents.
- User agrees that LiveCall gathers anonymous information about functioning of LiveCall Service for User. LiveCall may process these information and publish the data for marketing purposes for current and prospective customers.
§ 6. Rights and Obligations of LiveCall
- LiveCall shall not interfere with the Account of User and any information stored thereon.
- LiveCall may ask Users to express their opinion on the Services and the service and their satisfaction therewith.
- LiveCall may analyze the manner of using the Services, in particular by collecting anonymous information allowing for functional and technical improvement of the Services (e.g. browser name and version, operating system, display resolution, connection speed etc.).
- LiveCall shall have the right, at own discretion, to change the properties, functionalities of the Services or used software if it does not result in deterioration of the quality of the Services provided for the benefit of User.
- LiveCall reserves itself the right to temporarily make the entire or part of the Web Panel or the Services unavailable for technical reasons, in particular due to maintenance or introduction of changes to the Web Panel or the Services. LiveCall shall make every effort to make such unavailability of the Web Panel or the Services least burdensome for Users.
- LiveCall undertakes to make every effort to provide due performance of the Services in a continuous and uninterrupted manner.
- LiveCall may block providing LiveCall Service if User fails to make payment or block the Service when User breached the provisions of § 5 of the Terms of Service. Prior to blocking the Services, User is notified of such fact in due course (of the reasons, duration of the blockade as well as the possibility to unblock the Services).
- LiveCall reserves itself the right not to provide LiveCall Service during the Trial Period solely for material technical, organizational or legal reasons. In such a case the Trial Period is prolonged.
§ 7. Payments
- User shall pay LiveCall for using LiveCall Service on the conditions set out in the Terms of Service.
- When the payment for a selected LiveCall Service is made, LiveCall shall activate LiveCall Service. In exceptionally justified cases it is possible to activate LiveCall Service by LiveCall prior to making the payment by User. However, it is possible solely by separate agreement between the parties to the Agreement.
- By ordering LiveCall Service, User expresses their intention to receive VAT invoices. VAT invoices are issued in an electronic form. Invoices are sent in a PDF file.
- There are two payment methods for LiveCall Service: credit cards (default) or transfers to the bank account of LiveCall.
- The User shall select the manner of payment for LiveCall Service: a. payment in the form of ‘recurring payment’ (consent to debit the credit card with cyclical payments) available in Billing section in Setting in the Web Panel. The User may withdraw the consent to make payments in the form of ‘recurring payment’ by e-mail sent to the address: firstname.lastname@example.org. The e-mail shall contain Account details and it shall be sent no later than 3 days prior to the lapse of the Subscription Period; b. transfers to the bank account of the LiveCall.
- The payment amount shall depend on LiveCall Service plan selected by User and the Subscription Period.
- The prices included in the Price List are net prices.
§ 8. Personal Data
- LiveCall shall process personal data of User in accordance with the provisions of law. LiveCall is the administrator of such data within the meaning of the Act of 29 August 1997 on personal data protection (consolidated text in the Journal of Laws of 2002, No. 101, item 926, as amended, hereinafter referred to as ‘PDPA’). 2. The data administrator is: LiveCall Software Sp. z o.o. with the registered seat in Warsaw, Poland, Bednarska 7 (postal code 00-310), entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000597585, Tax ID [NIP] 5252642120, initial capital in the amount of PLN 9,500.00 fully paid up.
- User shall have the right to access their own data, to edit and correct them as well as to request their deletion.
- LiveCall shall process the personal data of User:
- according to the Agreement,
- in order to fulfill legally justified goals pursued by the data administrator and such processing does not violate the rights and freedom of a person whom the data pertain to,
- LiveCall shall process personal data of Users or other persons who granted their consent to receive newsletter,
- Termination of the Agreement shall mean that LiveCall ceases to process personal data, deletes all files and personal data of User entered in the Account,
- LiveCall stipulates that it stores, for the period required by law, data on User in the scope and necessary for the purpose of possible future claims between the parties to the Agreement or in connection with the provisions of law (e.g. tax regulations),
§ 9. Complaints
- User may make a complaint, in particular if the Agreement is not performed by LiveCall in accordance with the provisions of the Terms of Service or law.
- Complaints may be filed by e-mail sent to the address email@example.com.
- Complaints shall include at least the name and surname of User, their e-mail address provided during Registration as well as a detailed description and the reason justifying the complaint and a signature of the person making the complaint. In the event of doubts as to whether a complaint was made by a given User, LiveCall may request by e-mail that User confirm the fact of making a complaint within subsequent 7 days.
- If the data or information provided in the complaint need to be supplemented, User shall supplement the complaint within the time limit and in the scope specified by LiveCall for the complaint to be considered.
- LiveCall shall consider a complaint within 21 days of its receipt or supplementation on the conditions specified in the Terms of Service and by law.
- A reply to a complaint is sent to the e-mail address of User provided during the Registration or in writing. Should it be justified to reimburse User the entire or part of the fee paid, as a result of consideration of a complaint, such fee is reimbursed with the use of the same channel of payment which was used by User to make those payments.
§ 10. Copyrights and Trademarks
- Any software and content included on the Webpage and the Web Panel, such as text, graphics, logo, photos, audio and video files, is the property of LiveCall and is protected by law.
- LiveCall is a trademark owned by LiveCall.
- The above trademark and contents shall not be used without written consent of LiveCall, in particular they shall not be used in connection with the products or services of other entities in a manner which may mislead clients or potential clients or harm LiveCall or its products and services in any other manner.
- User or any person authorized by User may not delete, hide, prevent reading or change trademarks, information about copyrights or other marking concerning copyrights included on the Web Panel, the results of use of the Service or in the content available on the Webpage. In particular, it is prohibited to delete or alter LiveCall logo from or on the images made on the Web Panel in the form of screenshots, reports and other effects of use of the Service, except in the cases to which LiveCall consented.
- LiveCall acknowledges that by adding, within the Services provided, content, graphics or other works within the meaning of the Act of 4 February 1994 on copyrights and related rights (Journal of Laws of 1994, No. 24, item 83, as amended) User shall have the right to it. User grants LiveCall a non-exclusive licence for those works in the following fields of use:
- using, saving in the computer memory and in the teleinformation system,
- alteration, deletion, supplementation,
- public performance, public broadcast, copying and dissemination (in particular on the Internet).
§ 11. Limitation of Liability
- LiveCall shall not be held liable for:
- incorrectly provided data by User at the Registration stage,
- no access to the Internet of Users or Authorized Persons or limited access to the Internet (LiveCall does not offer any services consisting in access to the Internet),
- limitations or improper operations of software or devices owned by User or Authorized Persons they use and which prevent them from using the Services. In § 3 of the Terms of Service, LiveCall set out technical requirements necessary for the correct operation of the Services. In the event of any problems, during the term of the Agreement, User may contact the technical assistance,
- the damage incurred and benefits lost by Users or Authorized Persons which occurred as a result of disclosing User Account Password by such Users or Authorized Persons to third parties,
- the damage incurred and benefits lost by Users or Authorized Persons which occurred as a result of actions or omissions of such Users or Authorized Persons, in particular by their use of the Services in a manner contrary to the binding provisions of law or the Terms of Service,
- the damage incurred and benefits lost by Users or Authorized Persons which occurred as a result of actions or omissions of third parties,
- the damage incurred and benefits lost by Users or Authorized Persons which did not occur as a result of willful action of LiveCall,
- LiveCall shall have no influence on whether or not any third parties take any action or actions in connection with the Services it provides. LiveCall shall have no influence on the manner in which Users or the Authorized Persons manage their Accounts.
- shall solely store the data of Users and allow for their transmission on the Internet,
- shall not modify the data entered by Users or Authorized Persons,
- shall not modify the data entered by Users or Authorized Persons,
- shall contact User in order to explain the matter and it shall take action stipulated by the Terms of Service or by law in the case of receipt of an official notification or learning from a reliable source of an illegal nature of the data provided by User.
- LiveCall is liable for damage attributed to it which occurred as a result of non-performance or improper performance of the Agreement up to the amount of the damage incurred by User.
§ 12. Final Provisions
- LiveCall reserves itself the right to amend the Terms of Service and the Price List.
- Each material amendment to the Terms of Service is made available at least 14 days prior to the envisaged entry into force of the amendments.
- In the case referred to above, User shall have the right to terminate the Agreement prior to the envisaged entry into force of the new Terms of Service or price list. Failure to notify LiveCall of the intention to terminate the Agreement or failure to terminate the Agreement within that time limit is construed as consent of User to be bound by the Agreement in accordance with the new Terms of Service or the price list.
- Any change of the scope or type of the Services which does not violate the Agreement in force shall not constitute a material amendment to the Terms of Service.
- To any matters not regulated by the Terms of Service relevant provisions of Polish law shall apply.
- In the case of amendment or cancellation of any provision of the Terms of Service as a result of a final judicial decision, the other provisions shall remain effective.
- LiveCall is prepared to resolve disputes in an amicable manner.
- Any disputes between LiveCall and User who is not a consumer is resolved by a court with jurisdiction over the registered office of LiveCall.
- The Terms of Service shall enter into force on 10/02/2016.