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VideoCalls  - Privacy Policy & Terms of Service

Privacy Policy​

Introduction

This Privacy Notice explains how Livechat Integrations sp. z o.o. (“we”, “us” or “Provider”) collects, uses, and protects personal data in relation to the Video Calls functionality integrated with LiveChat. This feature enables real-time audio and video communication (including screen sharing) between users (e.g. Agents or Client representatives) and end-users via our widget. All processing of personal data is conducted in compliance with the EU General Data Protection Regulation (GDPR) and applicable laws. We use clear consent-based workflows – calls begin only after the user accepts an invitation – and we do not use personal data from Video Calls for any purposes beyond those described here (no profiling, no marketing use). This Notice is intended for publication on our website in clear and formal language, and it should be read alongside our Terms of Service and any relevant agreements. By using the Video Calls service, you acknowledge this Privacy Notice and, where required, consent to the data practices it describes.

Data Controller Identity and Contact Details

The Data Controller for personal data processed through the Video Calls service is Livechat Integrations spółka z ograniczoną odpowiedzialnością, a Polish limited liability company. Our registered office is at ul. Hiacyntowa 14, 55-095 Mirków, Poland. Livechat Integrations sp. z o.o. is registered in the Polish National Court Register (KRS) under number 0001013695. You can contact us with any questions or requests regarding your personal data at contact@livechat-integrations.com. If you have specific inquiries about data protection or wish to exercise your rights (detailed below), please direct your request to this email or write to our postal address. We are the sole controller of data collected via Video Calls (no joint controllers or separate “technology partners” share that role). We have not appointed a Data Protection Officer, but we handle all data protection matters internally via the above contact.

Scope and Purpose of Processing

Scope

This Privacy Notice covers personal data processed when using the Video Calls feature on the LiveChat Integrations platform. It applies to all participants in a Video Call, including the Client’s authorized users (e.g. agents or employees using the service via their LiveChat account) and end-users or customers who join the call via the LiveChat widget. It addresses data collected during call setup, the live video/audio session, any screen-sharing, call recordings, and AI-generated summaries.

It does not cover other processing outside the Video Call service (which may be covered by our general Privacy Policy).

 

Purpose of Processing

We process personal data exclusively to provide and support the Video Calls service. The main purposes include:

  • Enabling Real-Time Communication: To connect users via audio and video, transmitting live voice and video streams (and any screen share) between call participants. This allows our Clients (and their agents) to communicate with end-users in real time for support, consultation, or other legitimate service purposes. Processing your audio/video data is necessary to complete the interactive communication you have requested or agreed to.

  • Call Initialisation and Management: To send call invitations and establish the connection through the widget. Calls are initiated only after a user (e.g. a customer) consents to join by accepting the invitation. We use minimal data (such as your LiveChat session ID or similar identifier) to route the invitation and connect the call. This ensures the call only starts with your agreement and connects you with the correct agent.

  • Optional Call Recording: If participants consent to a recording, we process and store the audio-video recording of the call. Recording (when enabled) allows later review of the conversation for service quality, record-keeping, or any purpose clearly explained at the time of obtaining consent. Recording is optional and occurs only when the user and agent explicitly agree to it within the interface.

  • AI-Generated Call Summaries: We provide an optional feature where an integrated Large Language Model (LLM) (an AI-based system) generates a summary of the call for the participants’ convenience. This summary is a concise text recap of the key points discussed. It is accessible only to the call participants (e.g. the user and the agent) within the chat/app interface and is not shared externally. The purpose is to help users quickly recall what was discussed or agreed upon during the call, improving the user experience. With your knowledge and consent, the summarisation happens automatically after or during the call (see “Use of AI for Summarisation” below for details). Importantly, this summary is not used for further analysis, profiling, or decision-making beyond simply providing the summary to you.

  • Service Maintenance and Security: We may process some data to ensure the security and proper functioning of the Video Call service. For example, we might temporarily log technical information (such as IP addresses, device/browser type, connection quality metrics, and timestamps) to troubleshoot connection issues, prevent fraud or abuse (e.g. detect unauthorised access or malicious usage), and maintain the integrity of our platform. These actions are necessary to provide all users a stable and secure service environment.

We do not process personal data from Video Calls for any purposes incompatible with the above. In particular, we do not use call data for marketing or advertising or engage in automated decision-making or profiling that produces legal or significant effects on you. All processing is confined to delivering the Video Call functionality and related user-requested features.

Legal Basis for Processing

We ensure that each instance of personal data processing in the Video Calls feature has a valid legal basis under the GDPR. Depending on the context, one or more of the following legal grounds apply:

  • Consent (Article 6(1)(a) GDPR): Your personal data may be processed based on your consent. This is particularly the case for starting a video call and for certain optional features: for example, when you click “Accept” to join a Video Call, you consent to process your video and audio streams for the call’s duration. Likewise, if the call will be recorded, we will explicitly ask for your consent before recording begins, in compliance with applicable laws. The same applies to the AI summarization feature – by participating in a call with summarisation enabled, you consent to our use of an AI tool to process the call content in order to generate the summary. We will not record calls or generate AI summaries unless you (and the other participant) have agreed, as the service is designed to be consent-based at each step. You have the right to withdraw consent at any time (see “User Rights” below), which will prevent or stop the relevant processing for the future. (Note: withdrawing consent does not retroactively undo processing that has already occurred while consent was in effect, but we will cease the ongoing or future processing in question.)

  • Contractual Necessity (Article 6(1)(b) GDPR): In many cases, processing of personal data through the Video Call feature is necessary for the performance of a contract. If you are a Client or an authorized User (such as an agent) using the service under our agreement with your organization, the processing of your personal data (e.g. your account data, and the communications with your customers) is done to fulfill our contractual obligations to provide the Video Call service. For end-users or consumers who join a call, processing their data is often also necessary to provide them with the service they requested (e.g. to have a video conversation with the agent for support) – essentially a service that they initiate by consenting to the call. In these situations, even aside from consent, the data processing is justified because it is needed to deliver the communication service you have asked for.

  • Legitimate Interests (Article 6(1)(f) GDPR): We may process certain limited personal data under our legitimate interests, provided such processing is not overridden by your data protection rights. For instance, our legitimate interest in maintaining a secure and reliable service allows us to process technical information (like IP address, device info, and logs) to prevent misuse and to ensure the quality of the connection. We only rely on this basis for non-intrusive, necessary processing that you would reasonably expect as part of using the service (e.g. security logging or storing a summary for your later reference), and we always consider your rights and freedoms. If we ever rely on legitimate interests for any processing related to Video Calls beyond what’s described, we will make sure to inform you and to allow you the right to object. (At present, the primary bases remain consent and contract; legitimate interest is used sparingly, mainly for security and maintenance operations.)

  • Legal Obligations (Article 6(1)(c) GDPR): In rare cases, we might need to process or retain certain data to comply with a legal obligation. For example, if law enforcement or regulatory authorities lawfully require access to certain call data, or if we are required by law to retain certain records for a period (e.g. for tax or accounting purposes related to billing of the service), we will process that data as necessary to comply. We will always ensure such requests are valid and only disclose what is required by law.

Special Category Data: We do not intentionally collect any special categories of personal data (such as health information, biometric identifiers, etc.) through the Video Calls. The service is intended for general business/customer service communications. We ask users not to share sensitive personal information during calls unless it is truly necessary. If during a call you voluntarily disclose any sensitive data (for example, information about health, racial/ethnic origin, etc.), that information may be processed as part of the call content. In such cases, the legal basis for processing such sensitive data is typically your explicit consent (Article 9(2)(a) GDPR) – by choosing to share that information in the call, you consent to us processing it for the purpose of the call and summary. We will treat any such information with extra care and confidentiality.

In summary, our processing for Video Calls is grounded in consent and contractual necessity, with legitimate interests playing a minimal role and no processing beyond what users would expect from a video communication service. We do not engage in any wholly automated decisions about you that have legal or similarly significant effects (Article 22 GDPR does not apply here, as our AI summary feature does not produce decisions or profiles about you – it only generates a neutral summary for your convenience).

Categories of Personal Data Processed

When you use the Video Calls feature, we may collect and process the following categories of personal data:

  • Identification and Contact Data: If you are a registered user (Client’s agent or representative), this includes your account details such as name, username or ID, email address, and any profile information needed to use LiveChat Integrations services. For end-users invited to a call, this may include your name or nickname as provided in the chat or call invitation context. We generally do not require end-users to provide additional contact information specifically for joining a call (the invite is handled via the chat session). However, if an invite is sent via a link or email/SMS (in certain integration scenarios), we would process the necessary contact detail (e.g. email address or phone number) to deliver that invitation.

  • Video and Audio Data: During a call, we process live video and audio streams of participants. This means we capture your image (from your device’s camera) and voice (from your microphone) and transmit them to the other call participant in real time. We do not permanently store this live media unless you have opted to record the call (see “Call Recording” below). Video/Audio data inherently may include personal information such as your appearance, surroundings visible in your camera view, and any personal information you speak during the call. For example, if during the conversation you share your address, that spoken information is part of the audio data we process (and possibly included in a summary or recording if those features are used).

  • Screen Sharing Data: If you choose to use the screen-sharing feature, the contents of your shared screen or application window are captured and transmitted to the other participant. This can include any information visible on your screen (e.g. documents, browser windows, etc.). We treat screen share content with the same level of confidentiality as the rest of the call. Like video, it is only relayed to the call participant and not stored, unless a recording is in effect. Please be mindful of what you share on your screen, as it may contain personal or confidential data; only share what is necessary for the support session.

  • Call Content Summary: If the AI summarization feature is enabled, an automated transcript or summary text of the call content is generated. This summary constitutes personal data insofar as it contains information about individuals (e.g. “Customer asked about refund policy for product X”). The summary is stored in our system for the participants to view, and it will inherently include any personal details that were discussed and deemed relevant in the summary. However, it is not a verbatim transcript — it’s a condensed overview. The generation of this summary may involve intermediate processing, such as speech-to-text transcription of your conversation (handled by our AI tools) and analysis to produce the final summary. We do not use the transcript or summary for any additional purposes beyond delivering it to you and the other party.

  • Call Recording (Audio/Video): If a call is recorded with consent, we will capture the full audio and video of the session and store it as a media file. This recording contains everything that was said or shown during the call (audio, video, and screen shares, if any). It may also capture incidental data (for example, if someone else walks into your camera view or other background sounds). Recorded files are stored securely and are only accessible to authorized users (typically, the call participants and system administrators when necessary).

  • Metadata and Technical Data: We collect certain metadata about the call and your usage of the service, such as: the date and time the call started and ended, its duration, the invite details (who initiated the call, and who accepted), and whether features like recording or screen share were used. We also handle technical data needed to establish and maintain the call connection: for example, IP addresses and port numbers (to facilitate the peer-to-peer connection or via our servers), device and browser information (to ensure compatibility and optimize call quality), and network quality indicators (packet loss, latency, etc. for adjusting video quality). This technical information is mostly processed in real-time and retained in logs for a limited period for troubleshooting and security.

  • User Support and Feedback Data: If you contact us for support related to the Video Call (for instance, to report a problem or to exercise a privacy right), we will collect whatever information you provide in that correspondence (e.g. your contact details and the nature of the issue). This may include call identifiers or snippets of call data if needed to investigate (for example, if you report a call quality issue, we might review relevant technical logs or, with your permission, a portion of a recording). Support interactions will generate their own records (like support tickets or emails) which we keep separately from call content.

We limit the personal data we process to what is relevant and necessary for the purposes described. We do not collect any data from your device’s camera or microphone until you have granted permission and accepted a call invitation. Likewise, we do not access your screen content unless you actively start a screen share. The service does not access your device’s contacts, photos, or other data not needed for the call. All data is obtained either directly from you (when you use the feature) or through our platform’s interaction with you (no personal data about Video Calls is collected from third-party sources).

Retention Periods

We retain personal data from the Video Calls service only for as long as necessary to fulfill the purposes outlined in this Notice, and in accordance with applicable law or consent. Below are the main retention practices for this feature:

  • Live Call Content (Unrecorded): For calls that are not recorded, the audio/video streams and screen shares are ephemeral – they are not stored on our servers. Once transmitted to the other participant, that live data is not retained (aside from transient buffering in memory during the call). We do not maintain archives of unrecorded call video/audio. Any personal data exchanged verbally or shown during the call that is not otherwise captured (in a summary or notes) will not be retained by us after the call ends.

  • Call Recordings: If a call is recorded, the resulting audio/video recording file will be stored securely on our system or a trusted cloud storage. We keep call recordings for a maximum of 90 days from the date of the call, after which they are automatically deleted from our storage. This retention period is in place to allow users (and Clients) to review the content for a limited time (for example, to write follow-up notes, resolve disputes, or for quality assurance review), but to not hold personal data longer than necessary. After 90 days, recordings are permanently and irreversibly deleted (or anonymized if deletion is not immediately feasible), unless we are legally required to retain them longer. In exceptional cases, a longer retention might occur if needed for a specific legal claim or investigation, but only in accordance with law and you would be informed where possible.

  • AI Summaries: AI-generated call summaries (and any underlying transcript data used to create them) are retained for a period that aligns with the usefulness of that summary. Generally, the summary will remain accessible in the chat or call history for the same retention period as the recording, i.e., up to 90 days, to allow you and the agent to reference the conversation notes. If the call was not recorded but only summarized, the summary will still be stored for up to 90 days by default. We consider 90 days sufficient for follow-up purposes; after this time, the summary is deleted or anonymized. In some cases, if the Client’s main LiveChat system retains chat transcripts longer and the summary is attached to a chat, the summary may be kept in the system according to that chat retention policy – but always under control of the Client or as per your agreement. We ensure no summary is kept longer than necessary.

  • Call Metadata and Logs: Basic metadata about calls (e.g. participant IDs, call timestamps, duration, feature usage) and technical logs are generally kept for 90 days as well, in line with recordings, unless a shorter period is sufficient. Security logs (like records of call attempts, errors, or consents) may be kept up to 1 year in secure archives if needed for auditing security and compliance – but these typically do not contain content of the calls, only metadata. We anonymize or delete metadata when it’s no longer required.

  • Account Data and Support Data: Any account-related personal data (for registered users) is retained as per our general data retention policy (usually for the duration of the contract plus any required period). Support tickets or communications you have with us will be retained as long as needed to resolve your issue and for a short period after for quality assurance. These may be kept up to two years in our support system, unless you request erasure sooner and we have no overriding need to keep them.

Once the applicable retention period expires, we either securely delete the personal data or anonymize it (meaning we strip it of identifying information so it can no longer be linked to an individual). For example, we might retain anonymized statistics about call usage (e.g. number of calls per week, average duration) for service improvement, but those records will not contain personal data.

Please note that if you exercise your right to erasure or withdraw consent for specific data before the retention period is over, we will delete the relevant data as described (unless retention is required by law). For instance, if you request deletion of a particular call recording, we will erase it from our systems (provided it’s not needed for a legal reason to keep). Our systems are designed to carry out automated deletions on schedule, but we also review and remove data manually as needed to honor user requests.

Use of AI/LLM for Summarization

One of the features of the Video Calls service is the integration of an Artificial Intelligence (AI) tool – specifically a Large Language Model (LLM) – to generate summaries of your calls. We want to be transparent about how this works, what data is involved, and how we protect your privacy in this context.

How the Summarization Works: After or during a video call, our system may utilize an AI service to analyze the conversation and produce a written summary of the key points discussed. This could involve transcribing the call’s audio into text (either in real-time or shortly after the call), then feeding that text to the LLM which generates a concise summary. The summary typically highlights important questions, answers, or decisions from the call, and is displayed in the chat or conversation history accessible to you (the end-user) and the agent. Only these two parties can see the summary; it is not sent or made available to anyone else by default.

Consent and Transparency: The use of AI for summarization is done with your knowledge and consent. By accepting the video call invitation (which includes notice that the call may be summarized by AI) or through the Terms of Service, you agree that an AI may process the call content for this purpose. Both the user and the other participant (agent) are made aware that summarization will occur and consent to it. If you prefer not to have your call summarized, you have the option to decline the video call or request the agent to disable summarization (if such a setting is available). However, please note that summarization is a default part of our service offering to enhance your experience. Rest assured, no summarization will take place if you do not consent to it.

Data Handling by the AI: The AI/LLM processes the conversation content (either audio or text) to generate the summary. This means the substance of what you say in the call is temporarily analyzed by the AI algorithm. We integrate third-party AI technology in a privacy-conscious way: the AI service acts under our instruction and does not use the call content for any purpose other than to return the summary to us. We ensure that any provider of the AI/LLM functions as our data processor (under strict contractual obligations) and does not retain or use your data beyond the immediate summarization task. In practice, this means once the AI generates the summary and returns it to our system, the data you provided to the AI (such as the transcript of the call) is not stored by the AI provider. We also implement technical measures like encryption during transit to the AI service to protect the data while it’s being processed.

No Profiling or Automated Decisions: The AI-generated summary is purely a descriptive recap of the conversation. It is not used to profile you, evaluate you, or make any decisions about you. The summarization process is fully automated, but it does not produce any decision that affects your rights or interests – it’s simply an assistive tool for note-taking. As such, it does not constitute “automated decision-making” under GDPR Article 22 that has legal or significant effects on you. It’s important to emphasize that we do not use AI to assess your behavior, nor to analyze sentiment for marketing, nor to do anything beyond creating the summary text. The summary is intended to benefit both the user and the agent by capturing the call’s content in an easily readable format, and that’s the sole output of the AI’s involvement.

Quality and Accuracy: While we strive to use reliable AI tools, AI-generated summaries might occasionally contain errors or omissions. We advise users not to rely on the summary as a verbatim record – it’s a helpful supplement, but the actual call content (and any agreements made during it) prevails. If you notice a significant error in a summary that causes concern, you can contact us to review or delete the summary. We do not assume decisions based solely on AI outputs. Agents are instructed to verify critical information from the call rather than relying only on the summary.

By implementing the AI summarization feature, our aim is to enhance your experience with the service (for example, by saving you from having to take notes during the call). We have integrated this feature in compliance with GDPR’s principles of transparency, purpose limitation, and data minimization. Should our use of AI change in the future (for instance, using AI for additional purposes), we will update this Privacy Notice and obtain fresh consent if required.

 

Recipients of the Data (Including Third-Party Processors)

We treat your personal data with care and do not share it with any third parties for their own independent use. Livechat Integrations sp. z o.o. is the sole data controller for the Video Calls service, and we do not sell or rent your data to anyone. However, in order to provide the service effectively, we do rely on certain trusted third parties (acting as data processors on our behalf) and we may need to disclose data to other recipients under specific circumstances. Here we outline who may receive or access your data and under what conditions:

  • Other Call Participant: When you join a Video Call, the obvious “recipient” of your personal data is the person on the other end of the call. Your video image, audio, and any information you share will be directly communicated to the other participant (e.g. the support agent or the end-user you’re speaking with). This is an inherent part of the service – by accepting the call, you agree to share that information with the other party. The other participant could be an employee of the Client company or the customer, depending on your role, and they are typically a separate data controller for any information they receive (for example, a business may keep information from the call as part of their customer records). While this Privacy Notice covers what we do with your data, please be aware that the company or individual you communicate with might have their own privacy responsibilities for how they use the information you share. We encourage all parties to respect privacy, but our control extends only to the systems we operate.

  • Our Service Providers (Processors): We use reputable third-party service providers to help us operate the Video Call service. These providers process personal data only under our instructions and strictly for the purposes of providing services to us. Key categories of processors include:

    • Infrastructure and Hosting Providers: We may host our application, databases, and potentially call recordings or summaries on cloud servers (for example, a cloud computing platform or data center). These providers store and transmit data on our behalf. We ensure that such infrastructure providers offer robust security measures and, if personal data is stored or processed outside the European Economic Area (EEA), that appropriate legal safeguards are in place (see “International Data Transfers” below).

    • Video Streaming/TURN Servers: The real-time video and audio in calls might be relayed through servers (such as TURN servers used for WebRTC) if a direct peer-to-peer connection cannot be established. These servers could momentarily handle encrypted streams to facilitate the connection. They do not store the content permanently. We either operate these servers ourselves or use trusted partners who act as processors. In all cases, the data transmitted is encrypted, and the server operators cannot decipher it.

    • AI Summarization Provider: As described, we integrate a third-party AI/LLM service to generate call summaries. This provider will receive the call’s transcript (or audio, which they transcribe) and return a summary. They act as our processor – we have a contract ensuring they only use the data for this specific purpose and do not retain or disclose it further. (For example, if we use an AI service provided by a company like OpenAI or Microsoft, we ensure it’s under terms that safeguard your data, such as not using it to train their models or for any other purpose, consistent with our no-sharing commitment.)

    • Email/SMS Services (if applicable): If our system sends out call invitations or notifications via email or text message (for instance, sending a call link to a user’s email or phone), we would use third-party communication services to deliver those messages. This means the invitee’s email address or phone number and the content of the invitation might pass through an email or SMS gateway service. Such providers are bound by confidentiality and data processing agreements.

    • Analytics and Diagnostics: We may use tools to collect anonymized or aggregated data about how the Video Call feature is used (e.g. number of calls, average duration, error rates) to improve our service. If any personal data is involved in this (we aim to avoid it or anonymize it), the tool providers act as our processors. For example, we might use an error tracking service that captures a user ID and device information when a call fails, to help us fix issues. These providers are also under strict obligations and cannot use data for their own purposes.

  • Within Livechat Integrations (Personnel): In general, access to personal data is limited to our internal team members who need to know that information to perform their duties. For instance, our technical staff and engineers may have access to stored recordings or logs if necessary to resolve a support ticket or investigate a technical problem. Our customer support team may view your account details or call metadata when you reach out for help. All staff are bound by confidentiality and trained on data protection. We have access controls in place to restrict who can access what data (for example, only specific senior technicians might access a stored video recording, and only if necessary).

  • No Sharing with Third-Party Controllers: We do not share or disclose your Video Call data to any third-party companies for their own independent use (such as marketing firms, advertisers, or unrelated partners). We do not exchange your data with “technological partners” or parent companies; the data stays within the scope of providing this service. The only exceptions would be if you yourself direct us to share data with a third party (e.g. if you request integration with another service) or if disclosure is required by law (see next point).

  • Legal or Regulatory Disclosure: If we are legally compelled by a valid court order, subpoena, or regulatory requirement to disclose certain personal data, we may have to provide it to the requesting authority. For example, a law enforcement agency might lawfully require access to a specific call recording as part of an investigation. In such cases, we will verify the legality of the request and only disclose the minimum data necessary to comply. We will also inform the affected users unless we are legally prohibited from doing so. Outside of such rare events, we have no practice of sharing call data with any government or third party.

  • Business Transfers: If in the future Livechat Integrations sp. z o.o. were involved in a merger, acquisition, or sale of assets, personal data related to the Video Calls could be part of the assets transferred to the new entity. If that happens, we will ensure the new owner will continue to respect your personal data in line with this Privacy Notice, or we will notify you and give you an opportunity to exercise your rights (such as deleting your data) before any transfer.

Every third-party processor we engage is carefully vetted for security and privacy practices and is bound by a Data Processing Agreement (DPA) as required by Article 28 GDPR. This means they must implement adequate safeguards, keep data confidential, and process data only for our instructed purposes. We maintain an updated list of our sub-processors which can be provided upon request, so you know exactly who might handle your data behind the scenes.

 

International Data Transfers

We are based in Poland and, whenever feasible, we store and process your data within the European Economic Area (EEA). However, some of our third-party processors (for example, certain cloud hosting or AI providers) might be located outside the EEA or might store data on servers in other jurisdictions (such as the United States). If we transfer your personal data to a country that does not have an EU Commission adequacy decision (meaning its data protection laws are not deemed equivalent to EU standards), we will ensure appropriate safeguards are in place as required by GDPR Chapter V. These safeguards may include:

  • Standard Contractual Clauses (SCCs): We sign the latest approved SCCs with non-EEA service providers, which contractually oblige them to protect your data to EU privacy standards.

  • Additional Security Measures: We may implement end-to-end encryption or pseudonymization so that data transferred cannot be accessed in plain form by any unauthorized parties, even if it’s stored or routed through servers abroad.

  • Data Minimization: We transfer only the data that is necessary for the task at hand. For instance, if using a U.S.-based AI service for summarization, we might send only a text transcript of the call (rather than raw audio) and not include any extraneous identifying information.

  • Vendor Policies: We work with vendors that commit to GDPR compliance. Many large providers (like cloud services or AI providers) have their own binding corporate rules or similar frameworks that provide an additional layer of protection and transparency.

You can contact us (using the details above) if you have questions about our international data transfer practices or if you would like to obtain a copy of the relevant safeguards (such as SCCs) in place. We will not transfer your personal data to any third country or international organization unless it is properly protected and lawful. Our goal is to keep your data safe no matter where it is processed.

User Rights under GDPR

As a data subject using our Video Calls service, you have several rights under the GDPR regarding your personal data. We are committed to enabling you to exercise these rights easily and without undue delay. Below is a summary of your key rights and how you can use them:

  • Right of Access: You have the right to obtain confirmation whether we are processing your personal data, and if so, to receive a copy of that personal data along with certain information about how we use it (as provided in this Privacy Notice). For example, you can request a copy of a call recording or the AI summary of your call, or a summary of the metadata we have about your calls. We will provide this information in a commonly used electronic form, unless you request otherwise.

  • Right to Rectification: If you believe that any personal data we hold about you is inaccurate or incomplete, you have the right to request that we correct or update it. For instance, if your name was recorded incorrectly in our system or if an AI-generated summary contains a factual error about you, you can ask us to rectify it (though in the case of an AI summary, rectification may involve annotating or deleting the incorrect summary and perhaps generating a corrected one with your input). We strive to keep all personal data accurate and up to date, and we welcome corrections.

  • Right to Erasure (“Right to be Forgotten”): You can request that we delete your personal data when it is no longer needed for the purposes for which it was collected, or if you have withdrawn consent (where consent was the basis) and no other legal basis for processing applies. For example, you may ask us to delete a specific call recording or summary immediately rather than waiting for our standard 90-day retention period. We will honor such requests provided we do not have a compelling legal obligation or overriding legitimate interest to keep the data. Note that if you are an end-user who engaged in a call with a Client’s agent, deleting data from our system does not automatically delete data the other party may have (for instance, the agent’s notes or their copy of the summary). You may need to contact that party separately if applicable. In any case, we will remove the data from our own systems and confirm to you once done.

  • Right to Restriction of Processing: In certain circumstances, you have the right to request that we restrict (temporarily halt) the processing of your personal data. You might do this if you contest the accuracy of the data (while we are verifying/correcting it), or if you object to processing based on legitimate interests (while we consider your objection), or if you need us to preserve data for a legal claim while not actively processing it. When processing is restricted, we will mark the data and ensure it’s only used for specific reasons (like legal claims or with your consent) until the restriction is lifted.

  • Right to Data Portability: For data you provided to us and which we process by automated means based on your consent or on a contract, you have the right to get that data in a structured, commonly used, machine-readable format and/or request that we transmit it to another service provider where technically feasible. In the context of Video Calls, this could apply if you want to obtain the recording of your call or the summary and perhaps transfer it to another system. We will provide the data in a reasonable format (for example, an MP4 video file for recordings, or a JSON/text file for summary and metadata) upon request.

  • Right to Object: You have the right to object to our processing of your personal data when that processing is based on our legitimate interests (Article 6(1)(f) GDPR), and you have grounds relating to your particular situation. In practice, we primarily rely on consent and contract for Video Call data; however, if you believe we are processing any of your call-related data under legitimate interest that you do not agree with (for example, if we kept some metadata for analytics and you prefer we don’t), you can object. If you object, we will cease the processing in question unless we have compelling legitimate grounds to continue (which we will explain to you) or if the processing is needed for legal claims. Additionally, if we were ever to use your data for direct marketing (we do not do this with call data), you could object at any time and we would stop.

  • Right to Withdraw Consent: Where we process your data based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing we carried out prior to withdrawal, but it will mean we stop the consent-based processing going forward. For example, if you consented to call recordings but later change your mind, you can withdraw consent by updating your settings or informing the agent (and the recording will be stopped). If you withdraw consent after a call, we will not further use the recording or summary (and can delete them if you wish). To withdraw consent for the AI summarization feature, you might toggle it off in your user settings (if available) or contact us to opt-out of any future summarization of your calls. We make it as easy to withdraw consent as it is to give it – for instance, via the interface or via contacting us.

  • Right not to be Subject to Automated Decision-Making: As noted, we do not subject users to decisions based solely on automated processing (including profiling) that have legal or similarly significant effects. Therefore, this right is more about being informed that such processing does not occur in our service. If that ever changes, you would have the right to request human intervention or to express your point of view or contest the decision. For completeness, we reiterate that our AI summary does not fall under this category of decision-making; it’s a user aid, not a decision or evaluation about you.

To exercise any of these rights, you can contact us at contact@livechat-integrations.com (or via other contact methods provided above). We will respond to your request as soon as possible, and no later than one month from receiving it, as required by GDPR. This period may be extended by two further months if necessary (for complex requests), but we will inform you of any extension and the reasons for it. Generally, we will not charge a fee for handling your request. However, if a request is manifestly unfounded or excessive (for example, repetitive), we may either charge a reasonable fee or refuse to act on it (we will explain our reasoning in such cases).

We may need to verify your identity before fulfilling certain requests (to ensure that we don’t disclose or delete data to the wrong person). For example, we might ask you to confirm some account details or provide identification if you are not logged in. This is to protect your privacy and security.

If you believe that our processing of your personal data infringes GDPR or your privacy rights, you also have the right to lodge a complaint with a Supervisory Authority (Data Protection Authority) in your country. As our company is based in Poland, our lead supervisory authority is the Polish Data Protection Office (Urzęd Ochrony Danych Osobowych – UODO). You can contact UODO or your local authority (for instance, in the country where you reside or work) to file a complaint. Of course, we would appreciate the chance to address your concerns directly first, so we encourage you to reach out to us with any issues and we will do our best to resolve them.

Data Security Measures

We take the security of your personal data very seriously. We have implemented a range of technical and organizational measures to protect the confidentiality, integrity, and availability of data processed through the Video Calls service. Below are key aspects of our data security approach:

  • Encryption in Transit: All video call communications and data transfers are protected by strong encryption protocols. The Video Calls use secure communication technologies (such as WebRTC over DTLS-SRTP) which encrypt the audio/video streams end-to-end between participants. Similarly, any data transmitted between your device and our servers (for example, during call setup or when sending data to the AI summarization service) is encrypted using industry-standard encryption (HTTPS/TLS). This means that even if someone were to intercept the network traffic, they would not be able to decipher your conversation or personal data.

  • Encryption at Rest: Personal data stored on our servers (including call recordings and summaries) is encrypted at rest. We use modern encryption algorithms to encrypt files and databases that contain personal data, adding an extra layer of protection in case of any unauthorized access to the storage. Access to the encryption keys is tightly controlled and limited to our most trusted systems or personnel.

  • Access Control and Authentication: We ensure that only authorized individuals and services can access personal data. Our employees access user data on a need-to-know basis – for example, technical staff may access a call recording only to resolve a support issue and only after logging a justification. Access to administrative interfaces and databases is protected by strong authentication (including multi-factor authentication where possible) and is logged. Within the Video Call application, users and agents can only access data that pertains to their own calls or account. Each call session is protected so that only the invited user and agent can join; no unauthorized person can eavesdrop on a call because a unique, cryptographically secure session ID/URL is used for each call.

  • Network and Infrastructure Security: Our servers are hosted in secure facilities with measures like firewalls, intrusion detection systems, and continuous monitoring. We regularly apply security patches and updates to our software and infrastructure to address vulnerabilities. Our network is segmented to limit exposure – for instance, the servers handling media streaming are separated from those storing data. We also utilize protections against common web threats (like DDoS protection, rate limiting, etc.) to keep the service stable and secure.

  • Regular Security Assessments: We conduct periodic security audits and penetration tests on our Video Call platform and associated systems. Independent security experts may test our application for vulnerabilities, and we promptly address any findings. We also review our code and configurations regularly to ensure best practices are followed.

  • Employee Training and Policies: All team members at Livechat Integrations are trained on data protection and security practices. We have internal policies that mandate the secure handling of personal data. For example, employees are forbidden from downloading or storing call content on personal devices; any handling of data for support is done within our secure environment. Breaches of confidentiality policies result in disciplinary action.

  • Incident Response and Breach Notification: We have an incident response plan in place for addressing any security breaches or suspected data incidents. If a personal data breach were to occur that poses a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours as required by GDPR, and we will inform affected individuals without undue delay, along with information on the nature of the breach and any recommended precautions for you to take. Our goal, however, is to prevent incidents before they happen through robust preventative measures.

  • Data Minimization and Pseudonymization: Wherever possible, we practice data minimization – we collect and keep only the data that is necessary for the service. For example, technical logs might reference user IDs rather than real names, and in many cases we pseudonymize data (replace identifying information with codes) in our internal systems, so that a person’s identity is not readily apparent without a separate lookup. The AI summarization, for instance, does not need to know your full identity – it only processes the conversation content itself. We instruct our AI processor and other providers to not keep any user identifiers attached to the data longer than necessary.

  • No Unauthorised Monitoring: We do not “listen in” on calls or access call content in real-time. Calls are private between the participants. Our staff do not have the ability to silently join or monitor calls. The only time we would access call content is after the fact (like a recording or summary) and only for the limited reasons mentioned (support, legal compliance) and with proper authorization.

  • Continual Improvement: We stay updated on the latest security threats and best practices. As technologies and threats evolve, we adapt our security measures accordingly. We also take user feedback about security seriously – if you have any concerns or notice something during your experience, we encourage you to notify us.

In summary, we employ state-of-the-art security measures to safeguard your data. However, it’s important to note that no system can be 100% secure. We therefore also rely on you to take some precautions: use strong passwords for your accounts, do not share call links with untrusted parties, and ensure your own device is secure (free from malware, etc.) when joining a video call. We will never ask you for your password via email or chat, and any official communications from us will be properly authenticated. By working together on security, we can ensure your Video Call experience is safe and private.

Contact for Data Protection Matters

If you have any questions, concerns, or requests regarding this Privacy Notice or your personal data, please do not hesitate to contact us. Our contact details for privacy and data protection matters are:

Livechat Integrations sp. z o.o. (Data Controller)
Attn: Data Protection Team
ul. Hiacyntowa 14, 55-095 Mirków, Poland
Email: contact@livechat-integrations.com

When contacting us, please include your name and contact information, and clearly state the nature of your inquiry (for example, whether you are requesting access to data, withdrawing consent, etc.). If you are related to a specific Video Call (e.g. you want a particular recording deleted), providing the date or an identifier of the call will help us locate the data quickly. We may need to verify your identity before disclosing or modifying any data, as mentioned in the “User Rights” section.

We aim to respond to all legitimate requests as quickly as possible, typically within a few business days. If your request is complex or may take longer to address, we will let you know an estimated timeline. Communication is key – we are here to help and to ensure your privacy is respected.

Additionally, if you have general questions about the Video Calls service, you can reach out to the same contact and we will route your inquiry appropriately. For example, if you have a question about how the service works or how your data is handled that wasn’t fully answered here, we will gladly provide further information.

Data Protection Authority Contact: As noted, you have the right to contact the data protection authority with any complaints. For your convenience, the lead supervisory authority for Livechat Integrations sp. z o.o. is the Polish Personal Data Protection Office (UODO). They can be reached at uodo.gov.pl (website) or by mail at Stawki 2, 00-193 Warsaw, Poland. However, we truly encourage you to contact us first – we value your trust and will do our utmost to resolve any issue to your satisfaction.

 

Last updated: 4th Aug, 2025. This Privacy Notice may be updated from time to time to reflect changes in our services or legal requirements. We will post any modifications on our website and, if the changes are significant, provide a more prominent notice or seek your consent where required. We encourage you to review this Notice periodically to stay informed about how we protect your personal data.

Terms of Service​

1.DEFINITIONS

  1. Account – the account maintained by the Provider, where the Client uses the software provided by the Provider to contact individuals and businesses, enabling ongoing communication in the form of messages, using various market software, including, but not limited to, WhatsApp owned by WhatsApp LLC and LiveChat owned by Text, Inc., the primary means for accessing the Services on the Website and/or the Application and/or Application by using a username and password.

  2. Application – an application, made accessible for the Client and the User by the Provider, which enables the use of the Services.

  3. CC – the Polish Civil Code of April 23, 1964 (consolidated text of June 9, 2022, Journal of Laws of 2022, item 1360 as amended).

  4. Client – a Consumer or an Entrepreneur concluding the Contract with the Provider.

  5. Consumer - a natural person concluding the Contract with the Provider, which is not directly related to the Consumer's business or professional activity, pursuant to art. 221 of CC.

  6. Consumer Law – Polish Act On Consumer Rights of May 30, 2014 (consolidated text of January 28, 2020, Journal of Laws of 2020, item 287, as amended).

  7. Contract – the agreement between the Provider and the Client for the use of the Services, consisting of the General Terms.

  8. Electronic Services – electronic services provided by the Provider via the Account, the Website and/or the Application under sec. 16 of the General Terms.

  9. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf, pursuant to art. 431 of CC.

  10. Force Majeure - any acts of war, terrorist acts, insurrection, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic, natural disaster, civil disorders, rebellions or revolutions or any similar event, which is unavoidable and not attributable to either Party.

  11. Fee – payment due to Provider for using the Services.

  12. General Terms – these General Terms and any future modifications thereof, published on the Website and/or the Application or made available to the Client otherwise in connection with the conclusion of the Contract and use of the Services.

  13. GDPR  - 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 (General Data Protection Regulation).

  14. IP Rights – intellectual property rights, including copyrights and related rights, as well as the industrial property rights, related to the Services, Website and/or the Application or other data made available by the Provider to the Client under the Contract, which belongs entirely to the Provider.

  15. Party – either the Client and the Provider.

  16. Payment Institutions – entities, which provides payment services for the purposes relating to the Contract, which are indicated by the Provider on the Website and/or the Application and through which the Client can pay the Fee.

  17. Privacy Policy – a document regulating processing of Clients’ and Users’ personal data pursuant to GDPR, adopted by the Provider and published on Website and/or the Application.

  18. Provider – Livechat Integrations spółka z ograniczoną odpowiedzialnością, with its registered office in Mirków, ul. Hiacyntowa 14, 55-095 Mirków, REGON: 524225302, NIP: 8961621109, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register under the number: 0001013695, with a share capital of PLN 5.000.00, e-mail: contact@livechat-integrations.com,    

  19. Services – the services enabling the User real time conversation with a designated person, consisting in particular, but not limited to the transmission of vision and sound.

  20. User – a natural person who use the Account and access the Services as the Client, being a Consumer, Entrepreneur or acting on behalf of the Entrepreneur as his representative, employee or associate.

  21. Website – https://www.livechat-integrations.com/ – the Website of the Provider, which is used for the provision of Services.

 

2.GENERAL PROVISIONS

  1. The General Terms regulate the rules of concluding the Contract, access to the Account and provision of the Services, as well as principles of cooperation between the Client and the Provider related to it.

  2. The General Terms apply to all Contracts concluded with all Clients in relation to the Services provided by the Provider.

  3. The Client shall read carefully the General Terms before the conclusion of the Contract.

  4. Upon conclusion of the Contract, it is assumed that the Client has read and accepted the General Terms in their entirety.

  5. The General Terms form a legally binding Contract between the Provider and the Client. Upon acceptance of the General Terms by the Client, a legally binding Contract is concluded between the Provider and the Client.

  6. The General Terms are available all the time on the Website and in the Application. The Client may read them at any time and in any place via the Website or the Application.

  7. In respect to the Consumers, the provisions of the General Terms do not infringe or limit the rights of Consumers resulting from the provisions of the Consumer Law. In the event of any inconsistency between the General Terms and the Consumer Law, the Consumer Law shall prevail.

  8. In all maters not covered by the General Terms, the provisions of the competent statutory law are applicable. In particular, in respect to the Consumers the provisions of the Consumer Law are applicable.

 

3.GENERAL TERMS FOR USING THE SERVICES

  1. If the Client is the Entrepreneur, who is not a User, the Entrepreneur is liable for introducing and obtaining User’s consent to the General Terms and the Privacy Policy, prior to providing the Provider any personal data about the User and prior to usage of the Services with any User.

  2. The Entrepreneur remains liable towards the Provider for any actions of the User related to the Account or Services. The Entrepreneur shall ensure that any actions of the User will be compliant with the General Terms.

  3. Services are provided only to adult Users, i.e. beyond 18 years old, having full legal capacity. By accepting the General Terms, the Client states, that he/she meets this requirement and will assure, that all of the Users will also meet this requirement.

  4. The Contract may be concluded only with the Client, who has full legal capacity to conclude it, pursuant to provisions of CC. In case of the Entrepreneur, the Contract shall be signed by the person duly authorized to represent the Entrepreneur and the Provider is entitled to request from the Client a document confirming such authorization any time. The Client may have different Accounts if abides the rules of this General Terms.

  5. The Services are provided on the basis of the Contract.

  6. The commencement of the provision of Services takes place only after the General Terms are accepted by the Client and after the payment of the Fee pursuant to sec. 6 of the General Terms. If the Account shows insufficient funds for further provision of the Service, its provision will be suspended and will only be resumed after funds enabling the provision of the Service have been paid pursuant to sec. 6 of the General Terms.

  7. Regardless to the other provisions of the General Terms, the Contract is effective only after the Fee will be accepted by the Payment Institution.

  8. The Services are provided for a Fee, which shall be paid by the Client pursuant to sec. 6 of the General Terms.

  9. The Services are provided only in English language. The Client is solely responsible for verifying the Users' ability to use the Services, in connection with their language skills.

  10. To use the Services, the User shall have the full access to the:

    1. personal computer, telephone, tablet or any other device, which has installed relevant operation system i.e. Windows, Mac, Android, IOS, with installed current drivers and required system updates, which provides possibility to use the Website and/or the Application, as well as the technical capability to connect to a person designated by the User to enable live conversation via audio and video transmission.

    2. stable Internet connection,

    3. the Facebook Account, i.e. the User shall have an active Facebook account,

    4. the LiveChat Account, i.e. the User shall have an active LiveChat account,

    5. have at least a 1 phone number, which is used upon the Account,

    6. registered under the laws of the relevant jurisdiction phone number that handles voice calls and sms messages.

  11. The use of the Services may require the access of the User to the additional IT software or application indicated by the Provider (e.g., Jira, Confluence, Fliplet, Postman). In the above situation, the Provider shall make the required IT software or application available to the User and the User shall read, accept and apply the terms and conditions of such IT software or application.

  12. The Provider shall inform the Consumer about updates, including security updates, necessary to maintain compliance of the Services with the Contract and provides them to the Consumer for the period of:

    1. the provision of Services specified in the Contract, on the basis of which the provision of Services takes place on a continuous basis, or

    2. reasonably expected by the Consumer, taking into account the type of Services and the purpose for which they are used, as well as the circumstances and nature of the Contract, if the Contract provides for the provision of Services once or in parts.

  13. If the Consumer fails to install the updates provided by the Provider within a reasonable time in accordance with sec. 3.12. above, the Provider shall not be liable for the non-compliance of the Services with the Contract resulting solely from the lack of updates, if:

    1. Provider informed the Consumer about the update and the consequences of not installing it,

    2. failure to install or incorrect installation of the update did not result from errors in the installation instructions provided by the Provider.

  14. The content of the Services shall be provided in the latest version available at the time of concluding the Contract, unless the Parties have agreed otherwise.

  15. If the Services are inconsistent with the Contract, the Consumer may demand that they be brought into compliance with the Contract. However, the Provider may refuse to bring the Services into compliance with the Contract, if bringing the Services into compliance with the Contract is impossible or would require excessive costs for the Provider. The Provider brings the Services into compliance with the Contract within a reasonable time from the moment when the Provider was informed by the Consumer about the lack of compliance with the Contract, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Services into compliance with the Contract shall be borne by the Provider.

  16. The Provider indicates that each use of the Services and Electronic Services is associated with potential threats, including identity theft (phishing) and passwords, spam, malware and spyware, and hacker attacks. To maintain security, it is recommended that the devices used by the Client and the User be equipped with an up-to-date anti-virus program and a firewall, and the programs used are updated on an ongoing basis.

  17. By accepting these General Terms, the Client and/or User acknowledges that he/she has been informed and agrees that in the performance of the Service or Electronic Service, Provider will use artificial intelligence (AI) or generative artificial intelligence (GAI) tools to the extent necessary for the performance of the Services. As part of the provision of the Service, the Client and the User are aware that, as part of the provision of the Service, artificial intelligence (AI) services may be used to provide various parts of the Service, including, but not limited to, summarizing conversations conducted by the User.

  18. The Services can be used via the Account.

  19. The Services can be used only by the User who is authorized to use the Account.

  20. The User undertakes to keep the log-in details a secret in such a way that they do not fall into the hands of any third parties. The Client is obliged to immediately notify the Provider:

    1. about any loss of log-in details,

    2. about any disclosure of log-in details,

    3. if the log-in details is disclosed intercepted by a third party,

    4. about any unauthorized or illegal use of the Account,

    5. if any third party gains access to the Account.

  21. In the events specified in sec. 3.20. above, the Provider is entitled to:

    1. block or restrict the access to the Account or the Services,

    2. allow the User to reset log-in details,

    3. take any other necessary measures.

  22. The Client and the User are fully liable for any activities done during usage of the Service.

  23. Other technical and special rules of performance of the Service are possible to be provided in the Application and/or the Website to which the Client will be compliant with and accepts them as an integral part of the Contract to be able to use the Service.

 

4.APPLICATION PHASE

  1. To apply to use the Services, the Client:

    1. have an active Account,

    2. pay the Fee pursuant to sec. 6 of the General Terms,

    3. send a link to the designated person to connect to the current conversation and use the Service.

  2. By the way of usage of the Account the Provider will be provided with the data of the Client by the Client or by the relevant Provider’s service provider, i.e. Text Inc. or WhatsApp LLC.    

  1. The Client should select the option in the appropriate place in the user panel of the Account if they wish to use the Service. After the selection of that option, the Client will be redirected to the payment page where the Client shall pay for the Services.

  1. After completing the payment process, the Client will receive a payment confirmation and email with the information about access to the Services.

  1. The relevant obligations of the Provider indicated in the sec. 4.2 and 4.3 above may be performed by the Provider’s service provider, i.e. Text Inc. or WhatsApp LLC.

 

5.GENERAL OBLIGATIONS OF THE PARTIES

  1. The Client and the User shall:

    1. use the Services and the Account pursuant to the provisions of the General Terms and applicable provisions of law;

    2. use the Services and the Account in a manner that will not infringe IP Rights,

    3. use the Services and the Account for their intended purpose only and for Client’s or User’s own personal or business use only,

    4. use the Services and the Account in compliance with the GDPR and any other relevant and applicable laws concerning personal data processing, especially but not limited to provision of the content only to the person or entity who has given its prior consent in the appropriate model or way (i.e. obligatory opt-in model) required by applicable law,

    5. not resell, distribute, record, copy, share, display or otherwise use the Services or any other data related to the Services or available through the Account or the Website and/or the Application, for any purposes which are inconsistent with the General Terms, especially for any other business, commercial, advertising or marketing purposes, other than the purposes resulting from the Contract,

    6. use the Account, the Services and the Website and/or the Application in a way that does not interfere with their functioning,

    7. refrain from taking actions that hinder or may hinder the use of the Account, the Services and the Website and/or the Application by other Clients,

    8. refrain from sending content which in any form, in any way could be considered offensive, vulgar, attacking, or in any way violating any rights of others persons, especially but not limited to pornographic content,

    9. not to disseminate illegal content via the Account, the Services or the Website and/or the Application, and not use the Services and the Account for any illegal activities, especially but not limited to sending any malware or spying software.

  2. The Provider shall provide the Services in accordance with the General Terms.

  3. The Provider is obliged to provide the Consumer with confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the start of the Services.

  4. By accepting these General Terms the Client represents, that it has performed all responsibilities  required by the GDPR and any other relevant and applicable laws concerning personal data processing, for the use of the Services and the Account, in particular but not limited to obtaining all consents from any persons or entities for the provision of content to them and/or the processing of their personal data in the relevant model (i.e. obligatory opt-in model) required by applicable law. In the course of using the Service, the Client and/or User will only have access to a limited amount of any personal data, only needed to perform the Service properly, to which they agree by accepting of this General Terms.

  5. By accepting these General Terms the Client represents to use the Application strictly in accordance with the applicable WhatsApp Business Solution Terms and LiveChat Terms, as well as all other applicable terms, guidelines, and policies.

  6. The Provider may demand from the Entrepreneur a contractual penalty in the amount of 5,000 (five thousand) US dollars in the event of any violation of the sec. 5.1.4., 5.1.5., 5.1.8, 5.1.9. or 5.4. of the General Terms, as well as any damages exceeding the contractual penalty.

  7. The Service offers the option of recording calls made by the User with a designated person, which must be activated in advance by the User in order to be used. The call recording option may be subject to an additional charge as part of the Fee.

6.PAYMENT

  1. The Services are provided for a Fee.

  2. The Service will be billed in monthly billing cycles, with payment due in advance for each calendar month with an appropriate limitation on the number of time units that each User may use for the remuneration paid. The Client has the option of increasing the number of time units by purchasing more of them in accordance with the price list indicated in section 6.3 of the General Terms.. If the Fee for the next period of the subscription won’t be paid on time, the provision of the Services is terminated. The Service will be billed for each of the Contracts collectively for all Users assigned to a given Client.

  3. For the Services, the Client is obliged to pay the Fee provided calculated by the Provider in upon the price list located at the following link: …, which constitute an integral part of the Contract. and contains detailed provisions on the rules for calculating the amount of the Fee. In case of any discrepancies between the provisions of the General Terms and the price list, the price list shall prevail.

  4. The Client should select the option in the appropriate place in the user panel of the Account if they wish to use the Service. After the selection of that option, the Client will be redirected to the payment page where the Client shall pay for the Services. After completing the payment process, the Client will receive a payment confirmation and email with the information about access to the Services.

  5. Upon the payment of the Fee, the Client will be provided with the access to start to use the Services. If the Account shows insufficient funds for further provision of the Service, its provision will be suspended and will only be resumed after funds enabling the provision of the Service have been paid. Adding additional time units for further calls is possible based on the provisions of the price list indicated in section 6.3 of the General Terms.

  6. The payment shall be made through the services of the Payment Institution, where the Client will be redirected. The payment of the Fee may be made by all of the any means foreseen by the Provider and made possible by the payment system made available to the Client, especially but not limited to the single payment of the Fee, recurring payment of the Fee under a subscription model, payment of a specific amount of funds covering the Fee in advance, which is reduced by each subsequent Service rendered to the Client. Special provisions regarding the calculation of the Fee are set out in the price list indicated in section 6.3 of the General Terms.

  7. The payment services provided to the Clients by the Payment Institutions, are not a subject of the General Terms and the Provider is not liable for them. Using the services of the Payment Institutions and conclusion of a contract with them is a subject to voluntary decision of the Clients and it stays beyond the scope of the Contract. The terms of services of the relevant Payment Institution shall be accepted by the Client and thus apply.

  8. As long as the Fee is not paid in full by the Client, the Provider is not obliged to provide any Services. The Provider may suspend all his actions under the Contract until receipt of the Fee paid in full.

  9. At the latest when the Consumer expresses his will to conclude the Contract, the Provider is obliged to obtain the Consumer's express consent for any additional payment exceeding the agreed Fee for the Provider's main contractual obligations.

  1.      The relevant obligations of the Provider concerning processing and settling of the Fee, describe especially but not limited to in the sec. 6 of the General Terms, may be performed by the Provider’s service provider, i.e. Text Inc. or WhatsApp LLC and the Client agrees to it. In such a situation, it should be pointed out that payment of the Fee to the Provider's service provider means payment of the Fee, which is a ground to perform the Services, only upon receipt of the amount of the Fee into the bank account of the Provider. In the described situation, if the Fee is not incurred to the bank account of the Provider, the Provider has the right to discontinue the provision of the Services with immediate effect or not start the provision of the Service until the receipt of the Fee.

 

7.QUALITY AND AVAILABILITY OF SERVICES

  1. The Provider shall make best efforts to provide the Services in an uninterrupted manner, however the Client acknowledges that the provision of Services may be interrupted in the case of:

    1. maintenance, service, repair and other works that cover the IT infrastructure, including Internet connection, servers, Website and/or the Application, software, computers or other devices, used by the Provider to provide the Services,

    2. occurrence of any failures or disturbances in the IT infrastructure, including Internet connection, servers, Website and/or the Application, software, computers or other devices, used by the Provider to provide the Services.

  2. The Provider is not liable for User’s unavailability to use the Services and for any interruptions deriving from the User’s IT infrastructure, including Internet connection, software, computers or other devices, used by the User to use the Services.

  3. The Services may be unavailable due to reasons specified in sec. 7.1.1 and sec. 7.1.2. above for a certain period of time. In case if:

    1. the works specified in sec. 7.1.1. above are planned - the Provider shall notify the User at least 2 (two) calendar days in advance via e-mail,

    2. the works specified in sec. 7.1.1. above are unplanned, but it is necessary to implement them immediately - the Provider shall notify the Client about them as soon as possible.

  4. The Entrepreneur agrees and confirms that the content, format, and schedule of the Services may change from time to time (primarily possible changes in the format of study and the content of the Courses, as well as schedule) and this will not be considered a breach of the Contract by the Provider.

  5. The Provider does not grant a guarantee regarding the Services.

  6. In respect to the Consumers, the Provider may make changes to the Services, including especially the content, format, and schedule of the Services, for technical or organizational reasons. Introduction of the change to the Services shall not involve any costs on the part of the Consumer. The Provider is obliged to inform the Consumer in a clear and understandable way about the above changes in the Services.

  7. If changes to the Services referred to in sec. 7.6. above significantly and negatively affect the Consumer's access to the Services or the use of the Services, the Provider is obliged to inform the Consumer in advance on a durable medium about the properties and date of making the changes and about the right to terminate the Contract referred to in sec. 13.8. of the General Terms.

 

8.INTELLECTUAL PROPERTY RIGHTS

  1. The IP Rights are the ownership of the Provider to the full extent. The Provider is the owner of all IP Rights created during the performance of the Contract.

  2. Nothing in the General Terms should be read as transferring or licensing to the Client or to the User any IP Rights, unless expressly stated herein.

  3. The Provider grants a consent to use by the Client the IP Rights only in the scope, which is necessary to perform the Contract and only for the duration of the Contract. This consent concern only personal use of IP Rights in the scope of downloading, displaying and using the shared data and materials in accordance with the content of Services. The above consent expires immediately upon the expiry of the Contract, without a need of making separate statements in this respect.

  4. In the scope exceeding the consent specified in sec. 8.3. above, any use of IP Rights is not allowed, unless the Provider grants a separate, additional consent expressed in writing under pain of nullity.

  5. The Client and the User may not use IP Rights or any other content relating to the Website and/or the Application or Services for any business, commercial, advertising or any other purposes, which are not consisted with the General Terms. In particular the Client and the User shall not resell, rent, lease, disclose, distribute, publish, record, copy, make available to third parties or otherwise use or exploit IP Rights or any other content relating to the Website and/or the Application or Services.

  6. The Client and the User shall not alter or modify IP Rights or any other content relating to the Website and/or the Application or the Services, remove any copyright notices or make them available to any third persons anyhow.

  7. The Entrepreneur shall not to make the Website and/or the Application, the Account or the Services accessible for anyone else besides the User.

  8. Any violation of this sec. 8 shall be considered a material breach of the Contract, in which case the Provider may use the legal remedies stipulated in sec. 10 below towards the Client.

  9. The Provider may also demand from the Entrepreneur a contractual penalty in the amount of 5,000 (five thousand) US dollars in the event of any breach of IP Rights, as well as any damages exceeding the contractual penalty.

  10. This sec. 8 shall survive the termination of the Contract, regardless of the reason thereof.

 

9.PERSONAL DATA

  1. The Provider processes the Client’s and User’s personal data as described in the Provider’s Privacy Policy.

 

10.LEGAL REMEDIES OF THE PROVIDER

  1. If the Client or the User breaches the Contract, the Provider has the right to:

    1. terminate the Contract pursuant to sec. 13.2.1. and sec. 13.3. of the General Terms,

    2. temporarily suspend provision of the Services, restrict the User’s access to the Services or block the Account in the cure period indicated in sec. 13.3. of the General Terms, in cases where it is necessary.

  2. The remedies specified in sec. 10.1.2. shall be terminated once the breaches have ceased and the lawful state has been restored.

  3. If the Client or the User materially breaches the Contract, as specified in sec. 13.7. of the General Terms, the Provider has the right to:

    1. terminate the Contract with the immediate effect, pursuant to sec. 13.2.2. and sec. 13.4. of the General Terms,

    2. stop providing the Services immediately.

  4. In addition to the legal remedies above, the Provider has the right to use any other legal remedies under the applicable provisions of law, including, but not limited to, claim for damages and claim for cessation of infringements.

 

11.LIABILITY OF THE PROVIDER

  1. The Provider’s liability is towards the Client only. The Provider is not liable for causing any damages to any third parties in relation to providing the Services.

  2. The Provider is not liable for any damages suffered by the Client or the User because of the Provider’s use of its legal remedies specified in sec. 10 of the General Terms.

  3. The Provider is not liable for the interruption or unavailability of Services in the cases specified in sec. 9 of the General Terms.

  4. If the Contract is concluded with the Entrepreneur, the Provider’s liability towards the Entrepreneurs is limited to the following scope:

    1. the Provider is not liable for any damages caused to the Entrepreneur, including in particular the loss, lost revenue, profit or data, except for damages caused intentionally by the Provider to the Entrepreneur,

    2. if the Provider is liable for damages pursuant to sec. 11.4.1. above, the Provider’s liability is limited to the total amount of the Fees paid by the Entrepreneur to the Provider during last the 3 (three) calendar months prior to the event causing the Provider’s liability.

  5. If the Contract is concluded with the Entrepreneur, the liability of the Provider towards the Entrepreneur under the warranty for any defects in the Services is entirely excluded.

  6. In respect to the Consumers, the provisions of this sec. 11 above, do not infringe or limit the rights of Consumers and do not exclude or limit the Provider’s liability towards the Consumers, which results from the provisions of the Consumer Law. In the event of any inconsistency between the General Terms and the Consumer Law, the Consumer Law shall prevail.

  1. 12. FORCE MAJEURE

    1. If either Party is prevented, hindered or delayed from performing its obligations under the Contract by reason of Force Majeure, failure to perform any obligations under the Contract shall not be deemed a breach of or default under the Contract and neither party shall be liable to the other therefore. 

    2. The Party affected by the Force Majeure shall immediately inform the other Party about the Force Majeure and provide the information about the expected duration of the Force Majeure and the expected date of return to performance of the Contract, if that is possible. After the expiration of the Force Majeure, the Party affected by the Force Majeure shall immediately inform the other Party about it and shall immediately start perform the Agreement.

    3. During the Force Majeure the Party affected by the Force Majeure shall make efforts to minimize the effects of the Force Majeure, secure the interests of the other Party and regain the possibility of full performance of the Contract, as much as it will be reasonably possible.

 

13.VALIDITY OF THE CONTRACT

  1. The Contract is concluded upon acceptance of the General Terms for a definite period covering the duration of the performance of the Service under the Contract.

  2. Each Party has the right to terminate the Contract only for the following valid reasons:

    1. in case of breach of the Contract by the other Party, if the breach has not been cured within 7 (seven) calendar days from the receipt of the notice from the non-breaching Party, as specified in sec. 13.3. below,

    2. in case of material breach of the Contract by the other Party, pursuant to sec. 13.7. below.

  3. In case specified in sec. 13.2.1. the non-breaching Party shall send a notice to the breaching Party requesting the cessation of breaching the Contract and restoration of the state compliant with the law. If the breach has not been cured within 7 (seven) calendar days from the receipt of the above notice, the non-breaching Party may terminate the Contract with notice period of 7 (seven)  calendar days. The above-mentioned notice shall be made in writing or in documentary (e-mail) form, under the pain of nullity. In the event of a Force Majeure, the deadline for remedying and rectifying the breach of Contract in the described scope shall be suspended until the effects of the Force Majeure event have ceased. In the situation of interruption of the Service due to the fault of the Provider, the time during which the Client cannot use the Account and the Services will not be counted towards the duration of the Contract. However, the hereby stated rules does not limit the Provider's ability to take actions necessary to remove the breach made by the Client or its effects on its own immediately, if it is possible.

  4. In case specified in sec. 13.2.2. the non-breaching Party may terminate the Contract with immediate effect.

  5. The termination notice shall be made in writing or in documentary (e-mail) form, under the pain of nullity.

  6. In reference to sec. 13.2.2. and sec. 13.4. above, the material breach of the Contract by the Provider is considered as not making available the Account to the Client for the period of time of at least 14 calendar days, which results in the Client’s inability to use the Services.

  7. In reference to sec. 13.2.2. and sec. 13.4. above, the material breach by the Client is considered as:

    1. the User and/or the Client infringing the IP Rights of the Provider,

    2. the User not fulfilling the conditions necessary for using the Services, that are described  on the Website and/or the Application;

    3. the User behaving maliciously and/or unethically when using the Services;

    4. the User and/or the Client damaging the reputation of the Provider;

    5. the User and/or the Client breaching provision of sec. 5.1. of the General Terms and/or providing a false statement concerning the issue stipulated in sec. 3 of the General Terms,

    6. any other important breach by the User and/or the Client, which makes it impossible for the Provider to continue the provisions of the Services.

  8. Moreover, in the case referred to in sec. 7.6. of the General Terms, the Consumer may terminate the Contract with immediate effect within 30 days from the date of the change in the Services, or notification of this change, if the notification took place later than this change. The above right is vested in the Consumer, regardless of other provisions regarding the termination of the Contract. However, the Consumer is not entitled to the above-mentioned right to terminate the Contract, if the Provider has provided the Consumer with the right to keep, without additional costs, the Services in accordance with the Contract, unchanged.

  9. If the Contract is terminated by the Client because of breach by the Provider, the Client may request a proportional refund of the Fee.

  10. In case of the Client’s breach of the Contract or in the case of the termination of the Contract by the Provider, the Provider may use the appropriate remedies pursuant to sec. 10 of the General Terms.

  11. In respect to the Consumers, the provisions of sec. 13 of the General Terms do not infringe or limit the rights of Consumers resulting from the provisions of the Consumer Law, especially the Consumer’s right of withdrawal specified in sec. 14 below.

 

14.THE CONSUMER’S RIGHT OF WITHDRAWAL

14.1.The Consumer may withdraw from the Contract within 14 days without giving any reason and without incurring costs under the provisions of the Consumer Law. To meet the above deadline, it is enough to send a declaration before its expiry.

14.2.The Consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Provider. The declaration of withdrawal can be submitted using the below template:

 

Template of the Consumer’s declaration of withdrawal from the Contract:

- Addressee: Livechat Integrations spółka z ograniczoną odpowiedzialnością, ul. Hiacyntowa 14, 55-095 Mirków, Republic of Poland

- I hereby give notice of my withdrawal from the Contract regarding ….

- Date of the Contract: ……

- Name and surname of the Consumer: …..

- Address of the Consumer: ………

- Signature of the Consumer: ……… (only if the form is sent on paper)

- Date: ……….

 

14.3.The declaration of withdrawal shall be submitted in written form to the following address: Livechat Integrations spółka z ograniczoną odpowiedzialnością, ul. Hiacyntowa 14, 55-095 Mirków, Republic of Poland or by e-mail to the following e-mail address: contact@livechat-integrations.com.

14.4.The Provider shall immediately send to the Consumer on a durable medium a confirmation of receipt of the Consumer’s declaration of withdrawal from the Contract submitted electronically.

14.5.In the event of the Consumer’s withdrawal from the Contract, the Contract is considered not concluded. If the Consumer made a declaration of withdrawal from the Contract before the Provider accepted his offer, the offer ceases to be binding.

14.6.The Provider is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract, refund to the Consumer all payments made by him. The Provider refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not involve any costs for him.

14.7.From the date of receipt of the Consumer's declaration of withdrawal from the Contract, the Provider shall not use content other than personal data provided or generated by the Consumer when using the Services provided by the Provider, with the exception of content that:

14.7.1.they are useful only in connection with the Services that were the subject of the Contract,

14.7.2.relate only to the Consumer's activity while using the Services provided by the Provider,

14.7.3.have been combined by the Provider with other data and cannot be separated from them or can be separated only with disproportionate efforts,

14.7.4.they were created by the Consumer together with other Consumers who can still use them.

14.8.With the exception of the cases referred to in sec. 14.7. points 14.7.1-14.7.4, the Provider, at the request of the Consumer, provides him with content other than personal data that was provided or created by the Consumer when using the digital content or digital service provided by the Provider.

14.9.The Consumer has the right to recover digital content from the Provider free of charge, without hindrance from the Provider, within a reasonable period of time and in a commonly used, machine-readable format.

14.10.In the event of withdrawal from the Contract, the Provider may prevent the Consumer from further use of the Services, in particular by preventing the Consumer from accessing the Services or blocking the Account. This provision does not affect the Consumer's rights referred to in sec. 14.8. above.

14.11.In the event of withdrawal from the Contract, the Consumer is obliged to stop using the Services and making it available to third parties.

14.12.The Consumer does not bear the costs of providing digital content by the Provider that is not recorded on a tangible medium, if:

14.12.1.the Consumer did not consent to the performance of the Services before the expiry of the period referred to in sec. 14.1. above, or

14.12.2.the Consumer was not informed about the loss of his right to withdraw from the Contract at the time of granting such consent, or

14.12.3.the Provider has not provided to the Consumer the confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the commencement of the provision of Services, pursuant to the provisions of the Consumer Law.

14.13.At the time of withdrawal by the Client from the Contract, the related additional agreements concluded by the Consumer expire, if on their basis the Services are provided by the Provider or a third party under an agreement with the Provider. The Consumer does not bear the costs associated with the expiry of these agreements. If the additional agreement has been concluded with a third party, the Provider informs that person about the Consumer's withdrawal from the Contract.

14.14.The right to withdraw from the Contract is not entitled to the Consumer only in the cases specified in the provisions of the Consumer Law. In particular, pursuant to art. 38 sec. 1 point 13) of the Consumer Law, the right to withdraw from the Contract is not entitled to the Consumer in relation to Contract for the supply of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Provider has started to provide Services upon express and prior consent of the Consumer, who was informed before the commencement of the provision of Services that after the provision of the Services by the Provider, he would lose the right to withdraw from the Contract, and acknowledged this, and the Provider provided the Consumer with confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the commencement of the provision of Services, pursuant to the provisions of the Consumer Law. By accepting these General Terms, the Consumer declares that he/she was informed prior to the commencement of performance of the Service, that will lose the right to withdraw from the contract after performance of the Service by the Entrepreneur.

14.15.If the Provider has not provided the Services, the Consumer calls on him to provide them. If the Provider fails to provide the Services immediately or within an additional period expressly agreed upon by the Parties, the Consumer may withdraw from the Contract. In addition, the Consumer may withdraw from the Contract without requesting the provision of Services if:

14.15.1.it is clear from the Provider's statement or circumstances that it will not provide the Services or

14.15.2.the Consumer and the Provider have agreed or the circumstances of the conclusion of the Contract clearly show that the specified date of provision of the Services was of significant importance to the Consumer, and the Provider did not provided them within this period.

14.16.The provisions regarding the Consumer contained in this sec. 15 apply to the Entrepreneur only if the following conditions are met jointly:

14.16.1.the Entrepreneur is a natural person concluding the Contract directly related to its business activity,

14.16.2.the content of the Contract shows that it is not of a professional nature for the Entrepreneur, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity,

14.16.3.the Contract was concluded between the Provider and the Entrepreneur at a distance or outside the premises of the Provider's enterprise.

 

15.COMPLAINTS AND RESOLUTION OF CONSUMER DISPUTES

15.1.Any complaints regarding the Services shall be submitted in written form to the following address: Livechat Integrations spółka z ograniczoną odpowiedzialnością, ul. Hiacyntowa 14, 55-095 Mirków, Republic of Poland or by e-mail to the following e-mail address: contact@livechat-integrations.com.

15.2.The Provider indicate the contact point for any communication sent to the Provider or any other entity or person under the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) in the form of the e-mail communication provided to the following e-mail address: contact@livechat-integrations.com.

15.3.Any person or any entity may report the occurrence of illegal content or the content provided not in line with this General Terms, provided by the Service by e-mail contact to the following e-mail address: contact@livechat-integrations.com. The application should state:

15.3.1.a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the relevant information constitutes illegal content or content that does not comply with the regulations;

15.3.2.the exact URL or URLs, and, if applicable, additional information to identify the illegal content, according to the type of content and the specific type of hosting service;

15.3.3.the name and e-mail address of the person or entity making the report, except for a report on information deemed to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU;

15.3.4.a statement confirming the bona fide belief of the person or entity making the report that the information and allegations contained therein are correct and complete.

If the notification contains electronic contact information of the person or entity that made the notification, the hosting provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification.

15.4.The Provider shall provide clear and specific justification to all affected service recipients with respect to the following restrictions imposed due to the fact that the information provided by the service recipient constitutes illegal content or is inconsistent with the General Terms:

15.4.1.restrictions on the visibility of certain information provided by the service provider, including removing content, preventing access to content, or deposition of content;

15.4.2.suspension, termination or other restriction of monetary payments;

15.4.3.suspension or termination of the service in whole or in part;

15.4.4.suspension or termination of the service recipient's account.

15.5.The possibility indicated in the sec. 15.4 of the General Terms shall apply only if the Provider knows the relevant electronic contact information of the recipient. It shall apply no later than from the date of imposition of the restriction, regardless of the reason and manner of imposition. It shall not apply if the information is misleading commercial content of a large volume.

15.6.The justification referred to in the sec. 15.4 of the General Terms shall contain at least the following information:

15.6.1.an indication of whether the decision includes the removal of the information, the prevention of access to it, the deposition or restriction of the visibility of the information, or the suspension or termination of monetary payments relating to such information, or imposes other measures referred to in the sec. 15.4 of the General Terms with respect to the information, and, where applicable, the territorial scope of the decision and its duration;

15.6.2.the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of the notification made upon the sec. 15.3 of the General Terms or on the basis of voluntary verification activities conducted on one's own initiative, and, where absolutely necessary, the identity of the notifier;

15.6.3.where applicable, information on the use of automated means in making the decision, including information on whether the decision was made with respect to content detected or identified by automated means;

15.6.4.if the decision relates to potentially illegal content, an indication of the legal basis on which the decision is based and an explanation of why the information in question is considered illegal content on that basis;

15.6.5.if the decision is based on the alleged incompatibility of the information with the hosting provider's terms of service, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the information in question is considered incompatible with that basis;

15.6.6.clear and user-friendly information on the options available to the recipient of the service to appeal the decision, in particular, where appropriate, through internal complaint mechanisms, out-of-court dispute resolution and judicial remedies.

15.7.The Client’s complaint shall be considered by the Provider within 14 days from the date of receipt of the complete complaint notification. The Client will be notified immediately of any deficiencies in the complaint. Along with such a notification, the Client will be sent information on how to supplement the deficiencies in the complaint.

15.8.If the Provider has not responded to the Consumer’s complaint within the period specified in sec. 15.7. above, it is considered that the Consumer’s complaint has been accepted in its entirety.

15.9.The response to the complaint addressed to the Consumer should be provided on paper or another durable medium.

15.10.The Clients may contact the Provider by correspondence or e-mail form to the addresses specified in sec. 15.1. above. The fee for the Consumer for a connection to the above phone number corresponds to the fee for a regular telephone connection, in accordance with the tariff package of the service provider used by the Consumer.

15.11.The Client has the option of using extrajudicial means of dealing with complaints and pursuing claims in accordance with the procedure of Internet Dispute Resolution developed by the European Commission available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

15.12.Detailed information on the possibility for the Client who is a Consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the Website and/or the Applications of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php

http://www.uokik.gov.pl/sprawy_indywidualne.php

https://www.uokik.gov.pl/wazne_adresy.php

15.13.The Client who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

15.13.1.the Consumer is entitled to apply to the permanent amicable consumer court referred to in, inter alia, 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to settle a dispute arising from the concluded Contract. The regulations for the organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice on defining the regulations for the organization and operation of permanent arbitration courts at voivodship inspectors of the trade inspection of July 6, 2017,

15.13.2.the Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with, inter alia, 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Client and the Provider. Information on the rules and mode of the mediation procedure conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the Website and/or the Applications of individual Voivodship Inspectorates of the Trade Inspection,

15.13.3.the Consumer may obtain free assistance in resolving the dispute between the Consumer and the Provider, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl

 

16.ELECTRONIC SERVICES

16.1.The Provider enables the use of Electronic Services via the Account or the Website and/or the Application, including:

16.1.1.browsing the information posted on the Website and/or the Application, including offers of available Services and pricing of the Fee,

16.1.2.keeping an Account,

16.1.3.information services (newsletter).

16.2.Electronic Services are provided by the Provider 24 hours a day, 7 days a week.

16.3.Electronic Services are services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) and implemented in accordance with the law. In matters not covered by the General Terms, the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) shall apply.

1.4.The contract for the provision of Electronic Services referred to in the sec. 16.1.1. above is concluded when the Client starts using the Website and/or the Application to the appropriate extent, and is terminated when the Client leaves the Website and/or the Application. The above-mentioned Electronic Services are provided free of charge.

16.5.The contract for the provision of Electronic Services consisting in keeping an Account (sec. 16.1.2.) is concluded upon effective registration of the Account, in accordance with the provisions of the General Terms.

16.6.Electronic Services consisting in keeping an Account are provided only during the term of the Contract. The expiry of the Contract on the terms provided for in the General Terms results in the expiry of the obligation to provide this Electronic Service. The above Electronic Service may be suspended, limited or disabled (blocked) on the terms provided for in the provisions of the General Terms.

1.7.As part of the Account, Provider enables Clients and Users, in particular:

a)access to information on available or pending Contracts,

b)access to Fee payment history,

c)access to the conversation history executed upon the Services,

d)management of the Client's and User's data assigned to the Account, including the possibility of supplementing and editing this data.

16.8.The Electronic Service consisting in the chat service consists in enabling the Client or User to contact the Provider by means of a message sent via the chat located on the Website and/or the Application. The chat message initiates a "live" conversation with consultant on the Provider's side, in the case and scope of its availability. The chat is used to ask questions about the Services or Account. Chat functionalities allow you to identify a specific person and link them to other recorded activity on the Account, which allows you to customize the offer and provide professional service.

16.9.If the Client has agreed to receive commercial/marketing information by selecting the appropriate option on the Website and/or the Application or Account or in any other way, it means that the Provider will provide the Client with an Electronic Service free of charge in the form of a newsletter service, consisting in sending commercial information, in particular regarding goods, services or other benefits offered by the Provider by means of communication selected by the Client, e.g. to the e-mail address provided by the Client or via SMS/MMS. The Client may at any time withdraw consent to receive commercial information on the terms set out in the Privacy Policy, which will result in resignation from the newsletter service. Withdrawal of consent does not affect the lawfulness of data processing before its withdrawal.

16.10.The Provider has the right to organize occasional competitions and promotions, the terms and conditions of which will be published on the Website and/or the Application each time. Promotions cannot be combined, unless the regulations of a given promotion provide otherwise.

16.11.Complaints regarding Electronic Services provided by the Provider may be submitted in electronic form to the Provider's e-mail address:  contact@livechat-integrations.com. The Provider will consider the complaint immediately, but not later than within 14 days from the date of receipt of the complaint and will reply to it by e-mail within this period.

 

17.APPLICABLE LAW AND DISPUTE RESOLUTION

  1. In respect to the Entrepreneurs, the Contract shall be construed with and governed by the laws of the Republic of Poland, unless otherwise provided by applicable law.

  2. In respect to the Entrepreneurs, all disputes between the Provider and the Entrepreneur shall be resolved by the local court competent due to the registered seat of the Provider, unless otherwise provided by applicable law.

  3. With regard to the Consumers, the governing law and court jurisdiction are specified by the relevant provisions of law, in particular the Consumer Law, which are applicable.

 

18.MODIFICATIONS OF GENERAL TERMS

  1. The introduction of changes to the General Terms by the Provider is acceptable if such a need arises from changes in the rules for the provision of Services or Electronic Services, or changes of an organizational nature regarding the Provider.

  2. The amendments introduced to the General Terms shall be disclosed to the Clients through the Website and/or the Application, Account or via e-mail correspondence.

  3. Before accepting the General Terms, the Client shall always review the current version of the General Terms.

  4. Introduction of the amendments to the General Terms shall not affect any concluded Contracts and Services in progress, unless otherwise provided by applicable law or accepted by both Parties.

  5. The Client will be notified of any amendments made to the General Terms and the amended General Terms will be effective upon their disclosure and acceptance by the Client. Continuing to use the Services after the amended General Terms become disclosed, constitutes a binding acceptance of the   Client of such amendments.

 

19.COMMUNICATION

  1. The Parties will communicate via e-mail contact@livechat-integrations.com.

  2. If any information systems are made available to the Client and/or the User (e.g., Jira, Confluence), the Parties may also communicate via those information systems.

 

20.FINAL PROVISIONS OF GENERAL TERMS

  1. The original language of the General Terms is English. The Provider shall make available the appropriate translations of the General Terms for the Consumers, so that the General Terms are fully legible and understandable for Consumers.

  2. Neither Party may transfer any rights or obligations under the Contract to another person or entity without the prior consent of the other Party expressed in writing under pain of nullity.

  3. If any provision of the General Terms is or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions in any way.  In the above situation,  the invalid or ineffective provisions shall be replaced by the provisions of applicable law.                                                                                                                                                                                                                                                                                                                                                                                       

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