Terms of service
§ 1. General Provisions
The terms used in these Terms of Service shall have the following meaning:
- 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/.
- Pricing – is available at https://app.livecall.io/settings/billing/plans individually for each Account. The Pricing determines the cost of providing the LiveCall Service;
- 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 Pricing, 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 Pricing, 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. Międzynarodowa 55/3, 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 10,000.00 fully paid-up. Contact e-mail address: firstname.lastname@example.org.
- Subscription Period – period of time indicated in the Pricing for which User makes a payment in the amount specified in the Pricing. The Subscription Period terminates on a day which falls a given period of time (ex. 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.
- 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.
- 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 webpages including a limited access area, via which the User may manage the Services available therein accessible under https://app.livecall.io.
- 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.
- 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 Entrepreneur.
- 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.
- CallBack – phone conversation between a person delegated by the Entrepreneur and the person ordering CallBack, either through a dedicated widget or contact form.
§ 2. Types and Scope of Services 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, the User may order the LiveCall Service with any subscription. The LiveCall service allows the User to receive incoming calls from people who have ordered CallBack via a dedicated widget or contact form.
- 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 complete Registration;
- LiveCall shall provide technical assistance available at the following e-mail address: email@example.com. 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.
- At any time during the Term of the Agreement, the 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.
- User may terminate the Agreement by sending an e-mail to the address firstname.lastname@example.org in which they shall provide account details.
- 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 confirms their intention to terminate the Agreement.
§ 5. Rights and Obligations of User
- 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 it.
- 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 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 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 allow third parties access to the data held in the Account.
- 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 the right to request that the User confirms the authenticity of their data by producing copies of relevant documents.
- User agrees that LiveCall gathers anonymous information about the functioning of the LiveCall Service for the User. LiveCall may process this information and publish the data for marketing purposes.
§ 6. Rights and Obligations of LiveCall
- LiveCall shall not interfere with the Account of the User and any information stored therein.
- LiveCall may analyze the manner of using the Services, in particular by collecting anonymous information allowing for the 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 their own discretion, to change the properties, functionalities of the Services or used software if it does not result in the deterioration of the quality of the Services provided for the benefit of the User.
- 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 good Service performance in a continuous and uninterrupted manner.
- LiveCall may terminate the LiveCall Service if a User fails to make payment or block the Service when the User has breached the provisions of § 5 of the Terms of Service.
§ 7. Payments
- User shall pay LiveCall for using the 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 the 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 this Agreement.
- By ordering the LiveCall Service, the User expresses their intention to receive VAT invoices. VAT invoices are issued in an electronic form. Invoices are sent in a PDF file.
- Payments made through the Web Panel are made in the form of “recurring payments”, which means that the User agrees to be charged with a recurring payment after the Subscription Period has expired. In this case, the Subscription Period is extended. The User may withdraw the consent to make payments in the form of “recurring payments” by e-mail sent to the following address: firstname.lastname@example.org. The e-mail should contain the details of the Account and be sent no later than 3 days before the end of the Subscription Period.
- In the Web Panel, the User can manage his data and payments.
- The payment amount shall depend on the LiveCall Service plan selected by User and the Subscription Period.
- The prices included in the Pricing are net prices.
- LiveCall uses the services of an external party, that is independent of LiveCall, through which the 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 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.
§ 8. Personal Data
- To facilitate Users who are administrators of data entrusted to us for processing, adaptation to the requirements of the GDPR, we have developed a contract to entrust the processing of personal data and a simple mechanism for its conclusion.
- By accepting the Terms of Service, the User concludes an agreement for the provision of electronic services with LiveCall. An integral attachment to the Terms of Service is the data processing agreement, which is concluded at the moment of acceptance of its content.
§ 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 the User confirms 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 of Users as soon as possible, but not longer than 30 days from its receipt. If the complaint does not contain information necessary for its consideration, Livecall will ask the complainant to supplement it to the extent necessary, and the deadline runs from the date of delivery of the completed complaint.
- In the event that in relation to the complaint consideration it will be reasonable to make a full or partial refund to the User of the fees paid by him to LiveCall, the refund will be made via the same payment channel which the User used to make an earlier payment.
§ 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.
- The User or any person authorized by the User may not delete, hide, prevent reading or change the 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 the LiveCall logo from or on the images shown 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 has 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,
- 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.
- LiveCall is liable for damages resulting from non-performance and / or improper performance of the Agreement up to the price paid for the Service.
§ 12. Final Provisions
- LiveCall reserves itself the right to amend the Terms of Service and the Pricing.
- The amendment of the Terms of Service may take place in particular in the event of technological or organizational changes in the operation of LiveCall, the need to adapt the manner of providing Services and provisions of the Terms of Service to new legal regulations or in other justified cases.
- 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 Pricing. 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 Pricing.
- 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 applicable law is the law applicable on the territory of the Republic of Poland.
- Attachments forming an integral part of the Term of Servie:
- Data processing agreement
- The Terms of Service shall enter into force on 25/05/1018.
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