LiveChat, Inc. Apps Marketplace Terms

This terms constitute an addendum to the Terms and Conditions and regulates further the relation between LiveChat, Inc. Customer and a developer creating Integration according to Developers Terms and/or third party application integrated with LiveChat, Inc. By using LiveChat, Inc. Service you accept and shall observe this 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 publicly available marketplace enabling to access, install and buy applications. You can access, browse and/or deploy Applications for use 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 Customer.
  • "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 Developer to enable Application development and maintenance.

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

General Statements

  1. This Addendum regulates duties and responsibilities between LiveChat, Inc., Customer, Application Provider accessible via Apps Marketplace. Integration between LiveChat, Inc., and Application may be built by the Application Provider. The Customer 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, 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 one Publishing the application via Apps Marketplace.
  3. LiveChat, Inc. shall bear no responsibility for notifying the Customer 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 Customer agrees that all data provided in the license (including Personal Data) may become available to the Application Provider via Apps Marketplace. Such action may happen only upon explicit consent of the Customer – by clicking "Install", connecting the Application to the Customer’s LiveChat license and expressing the Customer’s consent for access to the data.

Responsibilities and Conditions of developers and third-party Applications

  1. By using the App Marketplace you acknowledge and agree that the Applications available through it are created, offered, supported and maintained by Application Provider. You also acknowledge that you have read the terms and conditions and privacy policies as provided by the Application Provider as they will govern your use of the Application. You acknowledge and agree that you will bear all risks associated with using an Application.
  2. The Application Provider has the right to enforce the terms and conditions and privacy policy against you. LiveChat, Inc. is not a party to these terms and conditions and privacy policy.
  3. LiveChat, Inc. assumes no responsibility for Application’s downtime, fluency issues, errors, service delivery delays, viruses or malware content transferred via the Application. All complaints or requests concerning Application functionality shall be reported to the Application Provider. LiveChat, Inc. facilitates such contact by "Contact Developer" functional available via Apps Marketplace. Furthermore, LiveChat, Inc. assumes 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. assumes no affiliate relation or shared responsibility with the Application Provider.
  5. Except as otherwise limited by any terms and conditions and privacy policy imposed or required by Application Provider, Application Provider grants you a perpetual, worldwide, non-exclusive, non-transferable and non-sublicensable license to access, deploy, use and integrate the Application in connection with Your active Account for a Service.
  6. The Customer acknowledges that any information that Application Provider collects, stores and processes from the Customer or the systems the Customer uses to access the Application, including Service Data or any Personal Data associated with the 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 Customer acknowledge and authorize LiveChat, Inc. to provide Application Developer with any information provided by the Customer 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).
  8. The Customer acknowledges that by installing the Application he agrees that data related to his 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, such issue shall be reported via marketplace@livechatinc.com. In case of any Application issues, the Customer shall use "Contact Developer" form available via Apps Marketplace.
  10. LiveChat, Inc. is not responsible for notifying Customer of any updates or enhancements of the Application which are operated and controlled by Application Provider.

Refund Policy

  1. Once Integration is developed by LiveChat, Inc. general refund policy established by the Terms and Conditions shall apply.
  2. Refund concerning Integrations developed by Application Providers shall be in line with LiveChat, Inc. general Refund Policy stating that the Company provides no refunds or credits for unused time of the Services or plan downgrades if you decide to close your account (license) before the end of your subscription period. Furthermore, LiveChat, Inc. does not offer refunds on already processed payments – this policy is the same for all Customers – and you are responsible for all charges in your 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 Application in question.

Termination

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