Effective as of January 01, 2022, Lucas Loureiro Carvalho Suporte Tecnico ME. (“JivoChat,” “we,” or “us”), has updated Terms of Service
JivoChat software enables the Subscribers (“Subscriber” or “you”) to communicate with their customers (the “Customers”) in real time by means of live chat (the “JivoChat Service”).
Application of these terms
These Terms will only apply if:
(a)Subscriber’s business activity is not in the context of the activities of an establishment of Subscriber in the EEA; and/or
(b)Subscriber is not offering services to data subjects who are in the EEA
If Subscriber’s business activity is in the context of the activities of an establishment of Customer in the EEA or Subscriber is offering services to data subjects who are in the EEA, Subscriber is required to sign additional Data Processing Agreement before downloading and installing any JivoChat application. The Data Processing Agreement is available on request by contacting us at privacy@JivoChat.com
Subscriber also has a right to add Employees (“Employee” — an end user of software that has an account to access software with limited ability to receive incoming dialogs using software) in the amount of up to 100 (One Hundred) people to the account at no additional charge.
The Employee has the right in accordance with his access rights:
- to use internal corporate chats;
- make settings for your profile;
- use the CRM section (“CRM section” — is the user interface for working with the Subscriber’s Customer database);
- have access to the Subscriber’s statistics;
- make account settings;
- make outgoing calls using telephony;
- to access the archive of dialogs.
Modifications to These Terms
We reserve the right at all times to discontinue or modify any part of these Terms as we deem necessary or desirable. We suggest that you revisit our Terms from time to time to ensure that you stay informed of any such changes to the JivoChat Service. Your use of the JivoChat Service after we update these Terms will constitute acceptance of the modified Terms. We also reserve the right to change or discontinue any aspect or feature of the JivoChat Service including, but not limited to, requirements for access or use.
Modifications to The JivoChat Service
You understand and agree that the JivoChat Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We may, in our sole discretion, elect to suspend or terminate access to, or use of the JivoChat Services to anyone who violates these Terms.
JivoChat Widget & Launching Code
To use the JivoChat Service, you need to set up an account by registering on the JivoChat website located at JivoChat.com, JivoChat.com.br, JivoChat.es, JivoChat.de, JivoChat.ng, JivoChat.co.ke, JivoChat.co.za, JivoChat.mx, JivoChat.co.id, JivoChat.com.tr, JivoChat.com.co, JivoChat.com.ar, JivoChat.com.pe, JivoChat.cl, JivoChat.com.bo, JivoChat.com.ve, JivoChat.co.in, JivoChat.co.uk, JivoChat.nl or JivoChat.pt and downloading and installing the JivoChat software, or installing the JivoChat Widget by inserting the Launching Code in the HTML code for your website.
PLEASE BE AWARE THAT YOU MUST PROVIDE COMPLETE AND ACCURATE INFORMATION TO OUR PAYMENT PROCESSOR OR YOUR PAYMENT MAY BE AFFECTED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES.
You further agree (a) not to provide your password to anyone who is not your agent, and (b) to ensure all individuals permitted to use your account information are aware of and have agreed in writing to comply with the terms of these Terms.
Free Trial Period
You may receive a 14-day free trial period, effective from the date that you set up your Account; provided that JivoChat may terminate the trial period at any time in its sole discretion. During the free trial period you will not be subject to any monthly subscription fees or any other fees. You must provide valid credit card information immediately after the end of the free trial period in order to continue to use the JivoChat Service. Only one free trial period is made available for a website.
Subscription Period, Subscription Fees
The subscription period for a Subscriber can be month-to-month, yearly, quarterly, or another duration described in the account features for your account (“Subscription Period”).
Subscriptions are subject to fees based upon the account type you have selected (“Subscription Fees”). For renewals, JivoChat or its payment processor may automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. Your credit card will be charged an advance subscription fee on the day you sign up for Paid Account. To the extent that payment mechanisms are provided through third parties (the “Payment Processors”), you agree that JivoChat shall have no liability to you arising out of the acts or omissions of such third parties. you consent to allow JivoChat to charge your credit card, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is terminated by you or JivoChat. If you do not pay on time or if JivoChat cannot charge your credit card, PayPal or other payment method for any reason, JivoChat reserves the right to either suspend or terminate your access to your account and the JivoChat Service and terminate these Terms. Subscriber shall have the right to request a full refund of the Subscription Fees within ten (10) days of its initial payment to the JivoChat, provided that Subscriber has not used the JivoChat Service other than during the Free Trial Period, if at all.
We may occasionally need to change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Subscription to which you subscribe, we will communicate these change(s) to you at least ten days in advance and the changes will only take effect with respect to any subsequent renewal of your Subscription.
Renewals and Cancellations
By default, in order to provide you with uninterrupted and hassle-free service, once you have submitted your payment information, your credit card will be automatically charged for subsequent time periods after the initial period where you authorize payment unless you cancel the account by the end of the then-current Subscription Period. For example, if you have paid for a monthly subscription, after the first month your credit card will be automatically billed at the applicable rate for the following month. By paying for the JivoChat Service and authorizing payment on your credit card, you authorize us to automatically charge your credit card for any subsequent periods after your initial payment. YOU EXPLICITLY AUTHORIZE US TO CHARGE YOUR CREDIT CARD WITHOUT PROVIDING ADDITIONAL NOTICE TO YOU AFTER YOUR INITIAL PAYMENT. You can cancel your account at any time by contacting customer service. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the JivoChat Service and you will not be entitled to a refund of any fees that you have paid.
From time to time, we may offer additional offerings, such as various modules to enhance the JivoChat Service. These offerings may be offered to you separate and in addition to the Subscription Fee. Unless stated in writing otherwise, these Terms shall be applicable to any such additional offerings.
Requirements to Use the JivoChat Service
To use the JivoChat Service, you will need to have a compatible computer or mobile device with Internet access. If you access the JivoChat Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access the JivoChat Service.
JivoChat Service Limitations
JivoChat uses commercially reasonable efforts to make the JivoChat Service available 7 days a week 24 hours a day. However, JivoChat does not guarantee availability of the JivoChat Service, shall not have any liability to you for any unavailability of the JivoChat Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or JivoChat Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by JivoChat from time to time. We will use commercially reasonable efforts to provide twenty-four (24) hour advance notice to you in the event of any scheduled downtime. We reserve the right to suspend or terminate access to your account if your use of the JivoChat Service disrupts, impedes or otherwise negatively impacts the operation of the JivoChat Service or the use of the JivoChat Service by other customers or if you violate any of these Terms.
Subscriber will not and will not assist or permit any third party to, pass special category data or criminal offence data through the use of JivoChat applications. The subscriber is hereby notified, that any submission of special category data or criminal offence data by the Subscriber or data subjects about whom personal data is transferred to JivoChat in connection with the Processor Services by, at the direction of, or on behalf of Subscriber, will be solely at Subscriber’s own risk and responsibility and will be considered an occasional submission.
License to Use the JivoChat Service
Subject to these Terms, JivoChat grants you a revocable, limited, non- transferable, non-exclusive license to access and use the JivoChat software. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the JivoChat Service, ownership of which is retained by JivoChat. All updates to the JivoChat Service are governed by these Terms.
You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the JivoChat Service. You warrant that you have obtained sufficient consent and rights (i) to access any third party or end user’s systems or networks, and (ii) to access, use and store all data and files on the JivoChat software or otherwise use via the JivoChat Service such data and information. You agree not to:
(a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the JivoChat Service available to any third party;
(b) modify, adapt, or hack the JivoChat Service or otherwise attempt to gain unauthorized access to the JivoChat Service or related systems or networks;
(d) falsely imply any sponsorship or association with JivoChat;
(e)use the JivoChat Service in any unlawful manner, including but not limited to violation of any person’s privacy rights;
(f) use the JivoChat Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights;
(g) use the JivoChat Service in any manner that interferes with or disrupts the integrity or performance of the JivoChat Service and its components;
(h) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software;
(i) use the JivoChat Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
(j) carry out any distributed denial-of- service attacks;
(k) use the JivoChat Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); or
(l) try to use, or use the JivoChat Service in violation of these Terms.
You may not access or use the JivoChat Services if you are a competitor of JivoChat, except with our prior written consent. You may not access or use the JivoChat Service for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.
You undertake not to use third-party software to interact with the Jivo’s servers, except for the open API of the platform, which is documented on the website JivoChat.com
JivoChat will use commercially reasonable efforts to provide Subscriber with maintenance and support for the JivoChat Service in accordance with its standard practices (the “Support Services”). JivoChat shall have no obligation to support any version other than the then current and immediate prior version of the JivoChat software. JivoChat will provide the Subscriber with any patch, update or new version of the JivoChat software that it makes generally available to its other Subscribers.
Protection of Service Data; Security & Privacy; Confidentiality
JivoChat will maintain reasonable administrative, physical, and technical safeguards for protection of the security and confidentiality and integrity of Service Data transmitted through the JivoChat Service. For purposes of these Terms, Service Data refers to means electronic data, text, messages, communications or other materials submitted to and stored within the JivoChat Service by the Subscriber (including its agents) and the Subscriber’s Customers in connection with the Subscriber’s use of the JivoChat Service, which may include, without limitation, Personal Data, which shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity. Notwithstanding the foregoing, as between JivoChat and the Subscriber, the Subscriber is solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of the Subscriber’s Customers.
To the extent Service Data constitutes Personal Data, the Subscriber shall be deemed to be the data controller and JivoChat shall be deemed to be the data processor as those terms are understood under the Data Protection Regulations. Under no circumstances will JivoChat be deemed a data controller with respect to Service Data under Data Protection Regulations or any relevant law or regulation of any Member State as defined in Data Protection Regulations. If you need a signed Data Processing Agreement, please contact us at privacy@JivoChat.com. For purposes of these Terms, Data Protection Regulations refer to EU Regulation 2016/679 (GDPR) (and any applicable national laws made under it) if the Subscriber is established in an European Economic Area (“EEA”) member state or where the Subscriber’s agents or Customers access the JivoChat Service from an EEA member state or the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded) if the Subscriber is established in Switzerland.
By agreeing to these Terms, the Subscriber grants JivoChat a general authorization in the meaning of Article 28 (2) of GDPR to engage processors for the purposes of providing the JivoChat Service. JivoChat will inform the Subscriber of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in these Terms. In case when JivoChat is a data processor, such procesors will be sub-processors for the respective controllers.
List of Processors:
Amazon Web Services — A web hosting, file storage and backup services in Ireland and the US (Privacy Shield certified).
Zingaya, Inc. – Telephony services (Privacy Shield certified).
Google LLC (formerly known as Google Inc.), Google Ireland Limited, Google Asia Pacific Pte. Ltd., or any other entity that directly or indirectly controls, is controlled by, or is under common control with Google LLC (as applicable, “Google”) — Google Translate.
“Confidential Information” of a party shall mean all confidential or proprietary information and documentation of such party, whether or not marked as such. Confidential Information does not include (i) information that is or becomes generally known to others, but not as a result of breach of confidentiality obligations or other wrongful acts; (ii) information that was known to the receiving party at the time of disclosure; (iii) information learned from a third party holding same lawfully and not subject to confidentiality obligations; and (iv) information required to be disclosed by law, regulation, or court order, to the extent such requirement is actually imposed and only after prompt notice to the other party. You and JivoChat agree to hold the other’s Confidential Information in confidence; to use the other’s Confidential Information only to perform the duties and exercise the rights set forth in these Terms and pursuant to the JivoChat Service; and not to disclose the other’s Confidential Information to third parties (except authorized employees and agents having a reasonable need to know) without the disclosing party’s express prior written consent. You and JivoChat shall safeguard the other’s Confidential Information against unauthorized use and disclosure with means at least as secure as it employs to safeguard its own Confidential Information, and in no event with less than reasonable means.
Intellectual Property Rights
All rights to the JivoChat Service, JivoChat Materials, JivoChat software, JivoChat trade names and trademarks, and any parts or elements thereof, are reserved. Your use of the JivoChat Services and JivoChat Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the JivoChat Materials is strictly prohibited unless you have received the express prior written permission from JivoChat. JivoChat reserves all rights to the JivoChat Services, JivoChat Materials and JivoChat trade names and trademarks not expressly granted in the Terms. For purposes hereof, JivoChat Materials means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the JivoChat Service.
Term and Termination
Your rights to use the JivoChat Service are effective through the end of applicable Subscription Period unless earlier terminated. These Terms will terminate immediately without notice to you upon the earlier of (i) notice of your election to cancel your account, (ii) the posting of a new version of these Terms through the JivoChat Service with notice to you (which you acknowledge that JivoChat may provide by any means, including without limitation, by posting through the JivoChat Service), in which case the new Terms shall apply to you unless you cancel your account within a 10 day period; or (iii) any material breach by the Subscriber, its agents or Customers of these Terms.
Upon termination, the licenses granted to you by JivoChat shall cease and you shall promptly delete or uninstall the JivoChat software.
Disclaimer of Warranties
The JivoChat Service are provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, JivoChat expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited the implied warranties of merchantability, fitness for a particular
Purpose, and non-infringement. JivoChat does not warrant that:
(i)the use or quality of the JivoChat Service will be uninterrupted, error-free, timely, secure or meet your requirements or expectations; (ii) the results obtained from use of the JivoChat Service will be accurate or reliable; or (iii) any errors in the JivoChat Service will be corrected. The entire risk arising out of the use or performance of the JivoChat Service remains with you.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall JivoChat or its suppliers be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (and with respect to free accounts for any direct damages), including, but not limited to, damages for: loss of profits, loss of confidential or other information or data, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence, and any other pecuniary or other loss whatsoever, arising out of this agreement or in any way related to the use of or inability to use the widget or the JivoChat Service even if JivoChat or any supplier has been advised of the possibility of such damages. Because some countries/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no event shall JivoChat’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of money that you have paid to JivoChat in the preceding twelve months period. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided by third parties other than JivoChat and received through or advertised on or through the JivoChat Service. You agree that in the event you incur any damages, losses or injuries that arise out of JivoChat’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other materials owned or controlled by the JivoChat parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other materials owned or controlled by JivoChat.
Some jurisdictions do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you. In these jurisdictions, JivoChat’s liability will be limited to the greatest extent permitted by law.
Any claims or damages that you may have against JivoChat shall only be enforceable against JivoChat and not any other entity or its officers, directors, shareholders, representatives or agents.
You acknowledge and agree that the internet is a network of private and public networks and that (i) the internet is not a secure infrastructure, (ii) JivoChat has no control over the internet, and (iii) JivoChat shall not be liable for damages under any theory of law related to the discontinuance of operation of any portion of the internet or possible regulation of the internet that might restrict or prohibit the operation of the JivoChat Service.
You agree to indemnify, defend and hold JivoChat and its officers, directors, employees, shareholders, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees in connection with (i) your use of the JivoChat Service,
(ii)your agents and Customers’ use of the JivoChat Service; (iii) your violation of these Terms, (iv) your agents and Customers’ violation of these Terms; (v) your violation of any third-party rights, including any intellectual property rights; or (vi) your agents and Customers’ violation of any third-party rights, including any intellectual property rights.
By using the JivoChat Service, you consent to receiving electronic communications from JivoChat. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the JivoChat Service. These electronic communications are part of your relationship with JivoChat. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Dispute Resolution and Arbitration; Class Action Waiver.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Brasilia, Brazil, using the Portuguese language in accordance with the Arbitration Rules of Brazil.
The parties agree that they shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, the parties agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
This provision shall survive the termination of these Terms.
Change of the Terms
We reserve the right to make changes to the JivoChat Service or these Terms at any time. Such amended Terms shall be effective within 10 days from posting through the JivoChat Service and will have no effect on transactions that were completed before such posting. Please check the Terms published on the JivoChat Service regularly to ensure that you are aware of all terms governing the JivoChat Service. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
These Terms shall be governed by and interpreted in accordance with the laws of Brazil exclusively. You agree that conflicts of laws principles of such laws, the Uniform Computer Information Transactions Act, and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of JivoChat. Any assignment in violation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. JivoChat shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between JivoChat and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third-party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about these Terms or otherwise need to contact JivoChat for any reason, you can reach us at info@JivoChat.com.
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