LiveChat, Inc. Apps Marketplace Terms

These Marketplace Terms constitute an addendum ("Addendum") to the Terms and Conditions and regulate further the relation between LiveChat, Inc., User and an Application Provider creating Integration according to Developers Terms and/or third-party application integrated with LiveChat, Inc. By using LiveChat, Inc. Service the Application Provider accepts and shall observe these Marketplace Terms along with Terms and Conditions of LiveChat, Inc.

Definitions

  • "Application" means any web or other third-party software infrastructure available via Apps Marketplace that interacts with LiveChat, Inc.’s API.
  • "Application Provider" means any third-party Developer who has no affiliation with LiveChat, Inc., owning and delivering certain web or software infrastructure available via Apps Marketplace.
  • "Apps Marketplace" means a publicly available marketplace enabling the User to access, install and buy Application within LiveChat, Inc. account (license) via Apps Marketplace.
  • "Integration" means bringing together two sub-systems (Application and LiveChat service) to exchange information and to deliver overreaching functionality to the User.
  • "Publish" means to make available for other Users of LiveChat, Inc. through the public availability of the Application via Apps Marketplace.
  • "Service Data" means data (including Personal Data) disclosed by LiveChat, Inc. to the Application Provider to enable Application development and maintenance.
  • "User" means the person who accesses Apps Marketplace, downloads, and uses the Application from Apps Marketplace of LiveChat, Inc.

All remaining definitions used in these Marketplace Terms shall be understood in line with the meaning defined by LiveChat, Inc. Terms and Conditions.

General Statements

  1. This Addendum regulates duties and responsibilities between LiveChat, Inc., User, Application Provider accessible via Apps Marketplace. Integration between LiveChat, Inc., and Application may be built by the Application Provider. The User acknowledges that the Apps Marketplace includes listings for Applications that are created, offered, supported, and maintained by Application Provider - a third party which has no affiliation with LiveChat, Inc. and as a consequence, LiveChat, Inc. shall have no responsibility for their actions, omissions, misuse or data safety infringements.
  2. Application available via Apps Marketplace may be free of charge or paid. Such information shall be directly visible in the Apps Marketplace and denoted as a price. LiveChat, Inc. shall have no responsibility for Application price settlement. Furthermore, the evaluation remains solely in the discretionary power of the Application Provider to Publishing the application via Apps Marketplace.
  3. LiveChat, Inc. shall bear no responsibility for notifying the User of any upgrades, changes, fixes, or enhancements to any such Applications or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by LiveChat, Inc. who shall have no responsibility for the reliability or performance of any connections concerning Applications available via Apps Marketplace.
  4. By accepting this Addendum, the User agrees that all data provided in the User’s LiveChat, Inc. license (including Personal Data) may become available to the Application Provider via Apps Marketplace. Such action may happen only upon explicit consent of the User – by clicking “Install”, connecting the Application to the User’s LiveChat, Inc. license, and expressing the User’s consent for access to the data.
  5. The Application Provider has an obligation to comply with applicable national and international laws. LiveChat, Inc. shall have no liability for violations by Application Provider of any laws or any rights of third parties including individual, intellectual property, and consumer rights resulting from the Application Provider’s actions.

Responsibilities and Conditions of Application Provider and third-party Applications

  1. By using the App Marketplace, the User acknowledges and agrees that the Application available through it is created, offered, supported, and maintained by Application Provider. The User also acknowledges that it has read the terms and conditions and privacy policies as provided by the Application Provider as they will govern the User’s use of the Application. The user acknowledges and agrees to bear all risks associated with using an Application.
  2. The Application Provider has the right to enforce the terms and conditions and privacy policy in connection with an Application against the User. LiveChat, Inc. is not a party to these terms and conditions and privacy policy.
  3. LiveChat, Inc. has no responsibility for an Application, including downtime, fluency issues, errors, service delivery delays, viruses, or malware content transferred via the Application. All complaints or requests concerning the Application and its functionality shall be reported to the Application Provider. LiveChat, Inc. facilitates such contact by the “Contact Developer” function available via Apps Marketplace. Furthermore, LiveChat, Inc. has no responsibility for any infringements towards third parties, trademarks, intellectual property, or any other rights caused by or via Application present in the Marketplace.
  4. Application Provider is the licensor of the Application and LiveChat, Inc. has no affiliate relation or shared responsibility with the Application Provider of any kind.
  5. Except as otherwise limited by any terms and conditions and privacy policy of Application imposed or required by Application Provider, Application Provider grants LiveChat a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license to access, deploy, use and integrate the Application.
  6. The User acknowledges that any information that Application Provider collects, stores, and processes from the User or the systems the User uses to access the Application, including Service Data or any Personal Data associated with the User’s account (license) created at LiveChat, Inc. shall remain within the full control of the Application Provider. LiveChat, Inc. shall have no responsibility for processing conducted by the Application Provider.
  7. The User acknowledges and authorizes LiveChat, Inc. to provide Application Provider with any information provided by the User as requested by Application Provider in connection with a deployment or access of one or more Application (including, without limitation name, company name (if any), addresses (including e-mail address) and phone number, chat content) by the Application Provider.
  8. The User acknowledges that by installing the Application it agrees that data related to its User’s account at LiveChat, Inc. (license) will be also administered by an Application Provider not affiliated with LiveChat, Inc.
  9. LiveChat, Inc. shall provide no maintenance service which goes beyond Apps Marketplace availability. In case of Apps Marketplace errors or difficulties, any inquiry shall be reported via marketplace@livechat.com. In case of any Application issues, the User shall use “Contact Developer” form available via Apps Marketplace.
  10. LiveChat, Inc. is not responsible for notifying the User of any updates or enhancements of the Application which are operated and controlled by the Application Provider.

Refund Policy

  1. The Company provides no refunds or credits for unused time of the Services or plans downgrades if the User decides to close the account (license) before the end of the User’s subscription period. Furthermore, LiveChat, Inc. does not offer refunds on already processed payments – this policy is the same for all Users – and the User is responsible for all charges in the subscription or Application purchase. Complaints regarding refunds concerning Applications accessible via Apps Marketplace shall be reported via “Contact Developer” form directly to the Application Provider responsible for the Application in question.

Termination

  1. User’s rights under these Marketplace Terms will automatically terminate without notice from LiveChat, Inc. if the User fails to comply with these Marketplace Terms or fails to comply with any other applicable law. In case of such termination, the User must cease using the App Marketplace and the Applications, and LiveChat, Inc. shall be entitled to revoke User’s access to the App Marketplace and Applications immediately without notice and without refund of any fees.
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