Terms of Service
|Account||a free-of-charge service rendered by electronic means by the Service Provider; a modifiable part of the LiveCall Platform individually assigned to a registered User|
|Agreement||an agreement concluded by and between the Service Provider and the User, the subject matter of which is the use of LiveCall and the general provisions of which are prescribed in these Terms of Service|
|Fee||a fee whose amount depends on the objective scope of Services prescribed by the Package and on the Subscription Term|
|Force Majeure||an event which was not foreseeable by exercising care required within professional relations which remains beyond the control of both the Service Provider and the User, and which could not be prevented by them by exercising the all due care; in particular an event of Force Majeure is deemed to include a hacker attack or introduction of malware to LiveCall|
|LiveCall||a system of functionalities available within the LiveCall Platform available at https://livecall.io and provided by means of our Plug-in|
|Package||a variant prescribing the objective scope of the LiveCall functionalities selected by you on the basis of the options offered by us|
|Pricelist||a statement presenting the amounts of Fees for provision of Services for a given Package, available upon logging in to the Account|
|Service||services provided against charge by electronic means by the Service Provider which consist in providing the LiveCall functionalities, including, to name one, the use of tools which provide quick contact of the Users with their customers or potential customers|
|Subscription Term||a period (month or its multiple, e.g. quarter, half-year, year etc.), for which the User pays the Fee in an amount according to the Pricelist; The Subscription Term expires upon the day falling on the month (or corresponding number of months) after commencement of the Subscription Term, and if there is no such day in the following month—on the last day of the relevant month.|
|Terms of Service||these terms of service regulating the provision of Services within LiveCall|
|Trial Period||the period of provision of Services for which you are not obliged to pay the Fee|
|User||a natural person with full capacity to perform acts in law, a legal person or organizational entity without legal personality but which may acquire rights and assume liabilities in its own name, which on the basis of and in accordance with the Terms of Service uses Services under the Agreement.|
1. GENERAL TERMS AND CONDITIONS
- LiveCall may integrate with other applications or software (e.g. Facebook Leads Ads, Zapier, Leadscore).
- LiveCall may send you reminders in the form of alerts. We may also send you e-mail or text messages. These are functionalities that you may at any time modify in a certain scope or disable.
- Upon commencing the use of LiveCall, you are obliged to use the Services in accordance with their intended use, applicable legal provisions, social standards and rules of social conduct, and provisions of these Terms of Service. You are not allowed to provide content of unlawful nature.
- You may also not undertake any actions which consist in hindering, obstructing, interfering with the operation of LiveCall in technical and technological terms.
- Any infringement of the Terms of Service may cause us to respond in either of the following manner: (a) warning addressed at the User, (b) blocking access to the Account for a specified period of time, (c) removing the Account, (d) preventing the User from establishing the Account again. We will notify you on deletion of the Account and termination of the Agreement via e-mail in an e-mail sent to your e-mail address indicated at the registration, providing the reason for such termination of the Agreement.
- In order to make use of the Services you must have an active Account. The Account is non-assignable and non-transferable. You may only grant access to the Account to your employees and persons who act on behalf of your company.
- In order to create the Account, you must complete the registration process by means of a form available on the LiveCall Platform. Upon confirmation of the registration by you by means of an activation link sent to the e-mail address indicated in the form, the Agreement is concluded between you and us for an unlimited period of time.
- The Account contains the data provided by you during registration. By sending a request to create the Account, you warrant and represent that the registration information provided by you is true, accurate and up-to-date, and it will remain so throughout the entire term of your using the Services by updating or editing the Account.
- You are liable for what is happening within the frames of and also through your Account. Therefore, you may not share it with third persons, and you are responsible for keeping your login and password confidential.
- You may terminate the Account at any time by filing relevant declaration of intent via e-mail (provided that it is the e-mail address used by you upon registration of the Account) or by requesting your Account to be removed. Removing your Account, you waive your right to use the Services paid-up under the Package.
- Deletion of the Account is tantamount to termination of the Agreement with immediate effect.
- We may delete your Account in the following cases: (a) infringement of the provisions of the Agreement, Terms of Service or applicable legal provisions; (b) you undertake actions to the detriment of other Users, third persons or the Service Provider; (c) misuse of LiveCall, in particular for purposes contrary to the law, such as sending SPAM or unsolicited commercial information.
3. TRIAL PERIOD
- We provide certain Users with a possibility to test LiveCall within the frames of the Agreement for the Trial Period. The Trial Period is subject to all provisions of these Terms of Service, also accordingly applicable to the conclusion of the Agreement and the effects of its termination or expiry, subject to the provisions related to the Fee and the Subscription Term.
- In order to further enjoy LiveCall in an extended scope, then as of the day on which the Trial Period ends you are obliged to pay the Fee indicated in the Package chosen by you.
- If you fail to pay the Fee, the scope of Services available to you will be limited.
4. TERMS AND CONDITIONS OF PROVISION OF SERVICES
- After the Trial Period you will choose, and subsequently pay for, a selected Package in accordance with the rate specified in the Pricelist.
- Before you give your ultimate acceptance of the selected Package, you will be presented, for acceptance, with a summary comprising the scope and term of the Service within the frames of the indicated Package. The foregoing constitutes an offer and upon accepting it, you will extend or conclude the Agreement. The Agreement is concluded for a limited period of time corresponding to the Subscription Term.
- Within the frames of the Account you may create subaccounts with the scope of functionalities depending on the position of the user.
- Any LiveCall tools and functionalities (in particular callback) which were not used within the frames of the relevant Package are not transferred to the following Subscription Term.
- We may change the scope of Services, their appearance or provision mode at any time. The foregoing does not constitute an amendment to the Agreement.
- You may upgrade the Package at any time within the Subscription Term. Change of the Package takes place by purchase of the relevant Package, whereby the foregoing provisions are applied accordingly. As a general rule, in the case of payment of the Subscription Term, the Package is changed upon the first day of the month following the last month for which the Fee has already been paid, however at your request the change of Package may take place on the terms specified in the next sentence . We may activate a changed Package with immediate effect, but in such case you are obliged to contact us at firstname.lastname@example.org and also settle the difference in Fees.
- Upon reaching the monthly subscription limit of the Package the account will be charged for additional calls at the amount stated in your account settings. The credits balance will decrease with the use of callbacks in accordance with the Pricelist. The validity of the credits is 12 months from purchase. The User may turn off automatic recharging at any time.
- Upon the lapse of the Subscription Term, the Agreement will be automatically extended for another term corresponding to the lapsed Subscription Term, unless it had been terminated before. The provision provided for in the preceding sentence is applicable in the case of lapse of subsequent, extended Agreement terms.
- As a result of termination of the agreement for operation of the Account or termination of the Agreement or its dissolution otherwise, any data and information provided to LiveCall in connection with the provision of Services will be removed (including backup copies) and you will irretrievably lose access to them.
5. PRICELIST AND FEES
- The Services are used against payment in a scope determined by the Pricelist and the objective scope of the Package and Subscription Term chosen by you. The prices presented in the Pricelist are net prices.
- Fees are non-returnable. In particular, we do not reimburse any paid Fee if the Agreement is terminated earlier.
- We are entitled to amend the terms and conditions prescribed by the Pricelist, which does not constitute an amendment of the Agreement within the Subscription Term in which the Pricelist is amended. In the case of failure to terminate the Agreement in connection with the expiration of the Subscription Term, a new Pricelist becomes binding upon you on the beginning of the following Subscription Term.
- Subscription fees are paid in advance once in a month or its relevant multiple (e.g. once in a quarter, half-year or year etc.) in line with the selected Subscription Term, throughout the entire Agreement term.
- VAT invoices are issued in electronic form and, upon your request, sent to your e-mail address.
- When buying our Services, you give your consent to recurring payments which will be suspended upon termination and expiry of the Agreement.
- If you fail to pay the Fee, upon the lapse of another payment date indicated in the Fee payment reminder sent at your e-mail address, we may block the Account with the possibility to re-activate it upon settlement of the payment. If you fail to settle the amounts due within another term set by us, then we may terminate the Agreement with immediate effect.
- If you fail to settle the amounts due for a second time (or more), we have the right to delete the Account with immediate effect, without the right to claim reimbursement of the paid Fees.
- Within the frames of LiveCall you have the possibility to modify Services in visual and content-related terms. In particular, you may determine the text included in the Plug-in, which may have effect on legality of your activity.
- Adjusting LiveCall to your needs, you undertake that you will refrain from taking actions or providing content which: (a) infringes rights or personal interests of third parties, (b) contain threats, incite aggression or contain elements of unlawful violence, (c) constitute materials which may be used for unlawful, misleading, malicious or discriminating purposes, (d) evidently contradict the rules of social co-existence, common moral and social norms or rules of “netiquette”, (e) contain vulgarisms and phrases which may in any way violate someone’s dignity, (f) damage someone’s good reputation or dignity, (g) propagate hatred based on race, nationality, denomination or worldview-related reasons, (h) infringe someone’s privacy, (i) are of pornographic nature, or for other reasons are unsuitable for persons under the age of 18, (j) contain elements which propagate or are connected with (i) weapons and firearms, (ii) alcoholic beverages, illegal drugs, pesticides, poisons and drugs, (iii) military organisations and political parties, (iv) sects and similar religious cults, (v) pornography, prostitution and other products/services related to sex, (vi) products and services which are commonly regarded as controversial, dangerous, illegal or contrary to the public order and decency standards or which are not suitable for minors.
7. PERSONAL DATA AND THEIR TRANSFER
- By means of the Plug-in and other LiveCall functionalities the Users obtain personal data of third parties. You transfer those personal data to us for processing through those functionalities. You undertake that throughout the entire term in which you use those personal data you will keep the rights to them or guarantee the legal basis for their processing. In particular, if legal provisions require so, you must always have a valid consent of relevant persons to process their data.
- We guarantee that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons), we have implemented appropriate technical and organisational measures to ensure a level of security of the personal data processing appropriate to the relevant risk. We also ensure compliance with Articles 28.2 and 28.4 of the GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
- Upon conclusion of the Agreement, you transfer us personal data for processing, which include first and last name, the computer IP address, e-mail address and phone number and other data necessary to use the LiveCall functionalities (categories of data subjects: customers or potential customers). Such personal data will be processed by us only for the purpose of performance of the Agreement and provision of the LiveCall functionalities. Such data will be collected, arranged, fixed, organised, stored, developed, sent, disclosed, erased or destroyed by us for your account.
- We will process data only for the period for which you maintain the Account.
- We process personal data only upon your documented order. If the data subject directly requests us to change or erase his/her personal data, then we will immediately refer such request to you.
- We ensure that only persons who have been granted the updated authorisations as specified in the provisions of the GDPR by us and who have been trained in the scope of methods of securing the processing of data according to the new standards may have access to the data we process on your behalf. We also ensure that the persons authorised to process personal data undertook to keep secret the personal data as well as the methods of securing them, or that such persons be subject to the statutory confidentiality obligation, as well as have undertaken to abide by the provisions of the GDPR and other domestic regulations issued on the basis thereof.
- We will immediately provide you with any information necessary to prove the fulfilment of the obligations prescribed by the generally applicable legal provisions in the scope of personal data protection, and enable you, as the data controller, or a professional auditor authorised by you to carry out audits, including inspections, and we contribute thereto.
- Taking into account the nature of the processing, we provide assistance by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in the GDPR. We also assist the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to us.
- We will refer to data controllers any applications and other communication received from a data subject within 1 (one) business day from the time of receipt.
- We will provide comprehensive response to each query of data controllers connected with the processing of data within 3 (three) days from delivering the query.
- We undertake to report to you any significant issues connected with the processing of data. In particular, we undertake, immediately but no later than within 24 h from being advised thereon, to inform you on any events which may give rise to your liability as the data controller, on the basis of the generally applicable provisions related to protection of personal data.
- We may transfer the personal data transferred by you for processing to other entities for the purpose of implementing the LiveCall for the purpose of and within the frames of internal data controller service processes, in particular to: a development company, accounting firm, legal firm, tax advisor, telecommunication company, provider of online payment system, e-mail provider, provider of the CRM system and hosting company (general consent).
- We will notify you on any planned changes involving engagement or replacement of other processors, at least 7 (seven) business days before another processor commences to process, thereby enabling you to object to the use of another processor by us. In the absence of such objection, you are deemed to have given your consent to such change.
- We undertake to ensure that the provisions of the agreement concluded with the entity to which we transfer personal data transferred for processing reflect the provisions related to data protection as agreed upon between us and you in these Terms of Service and the GDPR recommendations in this scope.
- At your the choice, we will delete or return all the personal data to you after the end of the provision of services relating to processing for your account, and we will delete any existing copies unless the law of the European Union or a relevant member state requires storage of the personal data.
8. REPORTING VIOLATIONS AND COMPLAINTS
- We do not exercise an ongoing control over or monitoring of the Users’ activity within LiveCall. As the Service Provider, we act respecting the law. Thus, as soon as you notice any content or other action which infringes your or third persons’ rights, you must necessarily notify us on such fact. This procedure may in particular be used by persons who claim that the User misuses LiveCall in terms of the processing of their personal data.
- Notifications pertaining to the content, information, materials or actions which infringe any rights should be filed to the following e-mail address: email@example.com. In order to facilitate the procedure, the notification should include at least the following information: (a) identification details of the reporting person, that is his/her first and last name along with the e-mail address, if other than that from which the notification is sent, (b) indication of the content, other materials or actions which infringe the law along with indication of the infringed law, (c) indication of the area within LiveCall which includes such content or material infringing the law, or indication of circumstances in which the law or the Terms of Service were infringed.
- As a result of receiving the notification referred to above or an official notification, access to LiveCall of the person infringing the law or the Terms of Service, or to the infringing content will be prevented and we will notify the person infringing the law or the Terms of Service on such fact. Such person has 3 (three) business days to take a stance towards the allegation.
- You have the right to file a complaint concerning operation of LiveCall and Services. The complaint should contain at least details enabling identification of you as the complaining person, and should state reasonable reservations and comments concerning LiveCall or Services. The complaint should be sent via e-mail to the following e-mail address: firstname.lastname@example.org or to the correspondence address of the Service Provider. If the complaint needs to be complemented, then we will request you to complement it.
- We will take a stance towards your complaint within 14 days from its receipt. You will receive a response to the address from which you have sent the complaint, or to the address stated by you in the complaint form.
- We neither supervise Users’ activity nor are we their representatives or attorneys, thus, we are not liable for their actions or omissions, unless we directly and intentionally contributed to damage.
- As the Service Provider we provide the teleinformatic infrastructure and ensure its error-free technical functionality, what constitutes our liability for LiveCall and Services.
- We are only liable for the lawfulness of our actions carried out by means of LiveCall. In particular, if you choose the call recording option, you are obliged to ensure and you guarantee that you will obtain any necessary consents required by the law to such recording and storing of calls within LiveCall.
- We do not provide the phone or Internet connection services. Therefore, we are not liable for lack of connection resulting from reasons attributable to a telecommunication operator.
- What is more, we are not liable for any damage resulting from: (a) breach by the User of the provisions of these Terms of Service, (b) misuse of LiveCall for illegal purposes, in particular for sending unsolicited commercial information, (c) disclosure by the User of the login or password for his/her Account to third persons, (d) operation of malware unlawfully provided into LiveCall by the User or third persons, (e) removal of the Account, (f) processing of personal data to which the User is not authorised or for which the User has no effective legal basis, (g) short-term lack of access or hindered access to LiveCall caused by a Maintenance Break, (h) DDoS attacks.
- We may be held liable only in the case of culpable damage and to the extent of damage actually incurred by the User. In particular, we do not grant any commercial guarantees in connection with the provision and use of LiveCall by anyone. Thus, we are not liable for your lost profits.
- Our liability is limited to the amount of three times the monthly Fee.
- Using LiveCall, you undertake to cover any damage resulting from an action or omission in violation of the law or the Terms of Service. In this, you are obliged to reimburse any costs incurred by us in connection with seeking damages.
- You are fully liable for the entities to whom you granted access to the Account, in particular, for whom you created subaccounts.
11. TECHNICAL FUNCTIONALITY LEVEL OF THE LIVECALL PLATFORM
- We make every effort to ensure the correct operation of LiveCall.
- In order to ensure higher quality of Services and satisfactory operation of LiveCall, from time to time we carry out works to maintain or update LiveCall. Therefore, we reserve the right to breaks in the provision of Services which are necessary to carry out technical works which are no longer than 12 hours at a time. We will notify the Users on each such break at least 24 h before.
- We undertake to provide for the continuous operation of Services for 99% of the time within a Subscription Term, which nevertheless does not involve the events and effects of Force Majeure, the server operator or telecommunication operator.
- We undertake to provide free of charge technical support related to the LiveCall functionalities. You should file relevant requests via e-mail at email@example.com or chat (if you have bought the relevant Package). We take every effort to provide a response within 24 h from receiving the request.
12. AMENDMENT TO THE TERMS OF SERVICE
- We may amend these Terms of Service at any time.
- You will be notified on any amendment to these Terms of Service by an e-mail sent to the address indicated by you at the Account registration 14 (fourteen) days before the new Terms of Service come into effect.
- The new Terms of Service shall be effective as of the date indicated in their content as the effective date. If you fail to terminate the Agreement within by the said date, you will be deemed to have accepted the Terms of Service in their amended wording.
13. FINAL PROVISIONS
- You may contact us via (a) e-mail: firstname.lastname@example.org.
- The governing law for liabilities resulting from these Terms of Service is the law of the Republic of Poland. Any dispute arising out these Terms of Service will be subject to the law of the Republic of Poland. We will make every effort to settle any dispute resulting from or related to this Agreement in an amicable manner. If it is not possible to settle a dispute amicably within one month, then such dispute shall be referred for final settlement to the common court with the jurisdiction over the Service Provider’s registered office.
- The Terms of Service is available in English and Polish language versions. In the event of any discrepancy between the Polish language and the English language version of this Terms of Service, the Polish language version shall prevail.
- These Terms of Service shall come into force as of 30.05.2019.
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