End User License Agreement (EULA)
WHEN APPLYING FOR OR USING LIVEHELP100’S SUPPORT, PROFESSIONAL SERVICE, CLOUD OR ON-PREMISE SOFTWARE, PRODUCTS OR APPLICATIONS (COLLECTIVE, THE “SERVICE”), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF LIVEHELP100 SERVICE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “CUSTOMER”, “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.
1. Welcome
Welcome to Livehelp100. We offer Livehelp100 Live Chat, Livehelp100 Knowledge Base, Livehelp100 Ticketing & Messaging, Livehelp100 AI Chatbot, Livehelp100 Agent Assist, Livehelp100 Outbound, Livehelp100 Voice and other products and services. We are committed to providing your business with the highest possible reliability, security and performance to simplify your IT infrastructure, increase your operating efficiency, promote your sales and improve your customer satisfaction.
2. License Grant & Restrictions
You may not access the Service if you are a direct competitor of Livehelp100, except with Livehelp100’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way without Livehelp100’s prior approval; or (ii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User / Agent (User) licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
Livehelp100 reserves the right to terminate this Agreement at any time if Livehelp100 determines, in its sole discretion, that your site or activities are unsuitable for the Service. “Unsuitable” sites or activities may include, without limitation, those sites that Livehelp100 believes:
- Display or promote infringing, obscene, indecent, pornographic or sexually explicit activities;
- Promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities or fail to comply with applicable law;
- Violate the intellectual property rights of third parties;
- Have the potential to interfere with the use, enjoyment, deployment or operation of the Service by other users;
- Attempt to gain unauthorized access to the Service or its related systems or networks.
3. Your Responsibilities and Warranties
You warrant that you are conducting your business in full compliance with all applicable laws, regulations, and industry standards.
You affirm that you have obtained all necessary licenses, permits, and authorizations required to conduct your business and to use Livehelp100’s software.
4. Account Information and Data
The save time of Customer Data (including chat transcripts, offline messages, and tickets) depends on the product or plan you are using, and if the site is open or closed. For free users, while the account is open, Livehelp100 keeps the Customer Data for 60 days. If the user does not log in for 6 months, an email notification will be sent. If the user fails to log in two weeks after receiving this communication, the site will be closed and customer data will be cleared after 6 months. For trial users, if the site does not convert to a paid edition for more than 3 months after the trial period, the site will be closed. Customer data will be cleared 6 months after this date. For paid Team/Live Chat Startup edition users, while the site is open, Livehelp100 keeps the Customer Data for 12 months. For paid Business/Live Chat Plus/Live Chat Ultra edition users, while the site is open, Livehelp100 keeps the Customer Data for 24 months. For paid Enterprise/Omnichannel Gold/Omnichannel Platinum/Omnichannel Plus/Omnichannel Ultra edition users, while the site is open, Livehelp100 keeps the Customer Data for 36 months. For all paid editions, customer data will be cleared 6 months after a site is closed.
5. Intellectual Property Ownership
6. GDPR and CCPA
You agree to Livehelp100 CCPA Terms (“CCPA Terms”), when CCPA is applicable to your use of the Livehelp100 Services to process Personal Information (as defined in the CCPA Terms).
7. Fee & Payment
Livehelp100 do not offer refunds on already processed payments for unused time of service or plan downgrades.
8. Termination and Auto Renewal
Auto Renewal. If you are on a monthly Subscription Term with us, this agreement shall be automatically renewed for successive periods of 1 month, unless you cancel your subscription before the end of the Initial Subscription Term or any Renewal Period. If you are on a quarterly (3 months) Subscription Term with us, this agreement shall be automatically renewed for successive periods of 3 months, unless you cancel your subscription before the end of the Initial Subscription Term or any Renewal Period. If you are on a yearly or multi-yearly Subscription Term with us, this agreement shall be automatically renewed for successive periods of 12 months, unless: (a) either party notifies the other party of termination, in writing, at least thirty (30) days before the end of the Initial Subscription Term or any Renewal Period, in which case this agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or (b)otherwise terminated in accordance with the provisions of this agreement. The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
9. Indemnification by Customer
Scope of Indemnification. You agree to indemnify, defend, and hold harmless Livehelp100, its affiliates, officers, agents, employees, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to, including, but not limited to: (a) Your use of Livehelp100’ Service; (b) Your breach of any warranty, representation, or obligation under this agreement; (c) Your violation of any third-party right, including but not limited to intellectual property rights and privacy rights.
Notification and Defense. You must promptly notify Livehelp100 of any third-party claims.
Livehelp100 has the right, but not the obligation, to participate in the defense of any claim with counsel of its own choosing at its own expense.
Exclusions. The indemnification obligations will not apply to the extent that the claim arises from Livehelp100’s own negligence, willful misconduct, or breach of the agreement.
10. Representations & Warranties
11. Disclaimer of Warranties
LIVEHELP100 AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. LIVEHELP100 AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LIVEHELP100 AND ITS LICENSORS.