Terms of Service
Welcome to MyLiveChat
Thanks for using our products and services ("Services"). The Services are provided by CuteSoft Components Inc. ("MyLiveChat"), located at 198 Kennedy Street W, Aurora, ON L4G 2L7, Canada.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
1. Using our services
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
A. Personal Data that we collect about you.
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data. In particular:
- When you register for a MyLiveChat account we collect your full name, email address, and account log-in credentials.
- When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
- When you use the "Remember Me" feature of MyLiveChat Checkout, we collect your email address. We don't collect payment card number, CVC code and expiration date.
When you respond to MyLiveChat emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call MyLiveChat. If you contact us by phone as a MyLiveChat User, we may collect additional information in order to verify your identity.
B. Information that we collect automatically on our Sites.
We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on our Sites to help us analyze Your use of our Sites and diagnose technical issues.
2. Privacy and copyright protection
MyLiveChat's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that MyLiveChat can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and MyLiveChat's policy about responding to notices in our Help Center.
3. Your content in our services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give MyLiveChat (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to MyLiveChat Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
4. Our Commitment to You
CuteSoft Components is committed to bringing you the best possible tools and services designed
to meet your needs and expectations. We promise you that our My LiveChat Application
Services will be available at least 99.9% of the time, excluding those periods where
we conduct regularly scheduled maintenance or where unforeseeable and unavoidable
service outages occur due to Internet, router, or Internet Service Provider related
downtime outside of our control. While we are not and cannot be responsible for
your own connection to the Internet, or the functionality of your own private systems
or software existing outside of our My LiveChat Network, we guarantee that you will,
except for those conditions mentioned above, be able to access the My LiveChat Application
Services 99.9% of the time.
5. Limited Warranty
If for some reasons the My LiveChat Application Services do not meet our stringent
standard of availability, you may request a refund in the amount of 5% of your Monthly
License Fee for each 30 minutes of continuous downtime. This guarantee is limited
to a sum no greater than the amount that equals 50% of your Monthly License Fee.
In the alternative, if no single period of downtime was 30 minutes are longer in
duration, you may request a refund equal to the percentage of actual downtime that
took place during the affected month multiplied by the amount of your Monthly License
Fee. Although you may elect either remedy, either refund is your sole remedy for
the failure of CuteSoft Components to maintain 99.9% availability, subject to the limitations
above stated, during any given calendar month. Refunds will be issued in the form
of a credit towards your next invoice, unless the affected month was pre-established
by you as your final month of service, and you have informed us of that in writing
prior to the service outage and in such cases your refund will be issued via check
or credit card order (at our sole option) within 60 days of your request and upon
our verification of the service outage, including the actual amount of downtime.
6. Billing Policies
- You will be billed for services you have selected to receive on a recurring basis
until and unless the service(s) we are providing is cancelled by you. You may select
from monthly, quarterly, or yearly recurring billing plans. By accepting any of
our services, you agree to keep us updated as to your billing information.
- No refunds will be issued after thirty (30) days. Upon our approval, account balances
may be used as a credit towards service purchases.
- Accounts that have become delinquent (more than 10 days past due) are subject to
deactivation without further notice being given to you.
- Our charges are not based upon actual usage of the My LiveChat service, but instead,
are based upon a license fee that entitles you to use the My Live Chat service.
You must specifically cancel any service that you no longer wish to use and pay
- You agree to hold CuteSoft Components, its officers, directors, employees, partners, affiliates
and associates harmless and indemnify and defend from any civil claim of any nature
that arises from your usage of the My LiveChat Application Services. You agree to
be bound by the terms and conditions of our Acceptable Use Policy which is hereby
incorporated by reference as if fully set forth herein.
7. Additional Terms
- We may terminate this Agreement immediately for any reason without notice to you.
Your account will be terminated if you violate any of the terms and conditions of
- WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO THE LIMITED
WARRANTY PROVIDED HEREIN, OUR SUPPLIERS, PARTNERS AND AFFILIATES, IF ANY, AND WE
EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, SAVE FOR OUR LIMITED
WARRANTY PROVIDED HEREIN, INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED
OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You
understand and agree that our services may be unavailable for extended periods of
time, and we do not warrant or ensure the continuous availability of our services.
We may discontinue any or all services provided to you at any time without notice
to you. Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. We should not be liable for any delay or failure
to perform resulting directly or indirectly from any causes beyond our control.
- IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFILLIATES OR WE BE LIABLE FOR ANY LOST
PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE REMEDIES PROVIDED THROUGH
OUR LIMITED WARRANTY. Some states do not allow the foregoing limitations of liability,
so they may not apply to you.
- If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, all unaffected provisions or elements should remain
in full force and effect. Any failure on our part to enforce any portion of this
Agreement does not serve to waive the enforceability of the remaining portions or
other breaches on your part regarding this Agreement.
- This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.