Developer Terms

December 01, 2020

The Developer Program Terms (“Developer Terms”) constitutes an Addendum to the Company’s Terms and Conditions and Privacy Policy (collectively referred to as “Agreement”) between you (“you”, “Developer”) and LiveChat Inc. (“we”, “Company”), and regulates access and usage of Services API and/or Developer Program provided by LiveChat, Inc. When you develop via Developer Console, you are entering into a legal relationship with LiveChat, Inc. and you agree to all of the below terms and terms referred to herein by reference.

Definitions

All definitions used in this Developer Terms shall comply with the meaning set forth by the LiveChat, Inc.’s Terms and Conditions. All other capitalized terms shall have the meanings set forth below.

  • “Application” means any software infrastructure created by a Developer that interacts with Services API.
  • “Developer” means a Customer using Services provided by the Company who creates an Application through Developer Console.
  • “Developer Program” means the Company’s Program for Developers allowing Applications development conducted by Developers.
  • “Developer Console” means a console enabling a Developer to browse, open, edit, and create source code files via Developer Program.
  • “Publish” means to make it available via Apps Marketplace for other Customers of LiveChat, Inc. (Subscribers) through the public availability of the Application.
  • “Apps Marketplace” means a publicly available marketplace enabling accessing, installation and purchase of Applications.
  • “Access Token” means a unique parameter used to authenticate and authorize Services API access used by the Application.
  • “Resources” means any data, end-points, webhooks, or other assets composing LiveChat’s Services API or available via Developer Program.
  • “Subscriber” means a Customer who uses LiveChat, Inc. Services and install an Application from the Apps Marketplace.
  • “Service Data” means any data, including personal data, provided by the Company to the Developer to enable Application development and maintenance.
  • “Services API” means Application Programming Interface and any related source code, documentation, applications, and any other materials or documents provided by LiveChat. Inc. to enable data transmission between one software and another software.

General Statements

  1. Accepting this Developer Terms is a condition for participating in the Developer Program provided by the Company.
  2. This Addendum governs Developers’ rights to use and access the Services API and/or Developer Program for the purpose of developing, implementing, and publishing Applications related to the Services offered by the Company.
  3. Developer accesses and uses Services API only for the internal, non-published use until the moment an Application’s access to data and functioning is approved by the Company.
  4. The Company reserves the right to modify the provisions of this Developer Terms, and only those currently visible on our website are up to date and valid at the time. All changes in this Addendum shall comply with changes implemented in the Company’s Terms and Conditions.
  5. You shall not use the Services’ API and/or Developer Program and shall not accept this Developer Terms in the following cases:

    • you are not of legal age to form a binding contract with the Company;
    • you are a person barred from using or receiving Services API under the regulation of the Company, applicable laws of the United States or other countries including the country in which you are resident or from which you use Services API.
  6. By accepting these Developer Terms you represent and warrant to the Company that you have the legal authority to represent a company or another entity and you are lawfully able to enter into this Developer Program Terms on its behalf.
  7. The Company reserves the right to limit the access to the Resources available via Services API and/or Developer Program and to place limits related to Services API usage. Developer agrees to, and will not attempt to circumvent, such limitations documented in Exhibit A to this Addendum. If a Developer would like to use Services API and/or Developer Program beyond credited limits, the Developer must obtain Company’s express written (given also electronically) consent (and Company may decline such request and/or charge for that use). To seek such a Company’s approval contact our team developers@livechat.com
  8. The Company does not acquire ownership over any creation of work made by a Developer using Services API and/or Developer Console.

Developer Program Description and Purpose

  1. Developer Program allows Developers to develop software by using access to the Services’ API and all provided documentation and materials thereto. By the scope of this Addendum the Company allows a Developers to:

    a). use and make calls to the Services API to develop, implement and access Applications solely for use by Subscribers;

    b). use Service Data to the extent necessary to display and transmit it through the Application. Such usage of the Service Data shall be in line with applicable Data Protection Laws;

    c). market and distribute paid Applications through the Apps Marketplace in accordance with the Monetization Overview.

  2. The Company reserves its right to accept or reject Applications developed by Developer. Such choice shall be made upon the Company’s assessment of usability and technical adequacy of such Application. Furthermore, during the assessment procedure the Company shall take into account if such Application fits for the purpose and if it does not cause danger for the Company’s Services.

Intellectual Property Rights

  1. The Company retains all ownership and other rights to any and all Service Data and Services API made available to the Developer or any third party via the Developer Program. Furthermore, nothing in this Addendum transfers to the Company any rights or ownership to the Application developed by a Developer, and a Developer shall remain an owner of such Application.
  2. The Company is entitled to review, publish, use, advertise, distribute, promote the Application developed by a Developer at any time with no prior notice to a Developer. Furthermore, the Company reserves the right to withdraw the Application from Apps Marketplace at any time with no prior notice to a Developer.

Confidentiality

  1. You should not provide to the Company any information that is confidential and you agree that the Company is not subject to any confidentiality obligations or use restrictions related to information that you provide the Company with in relation to this Addendum.
  2. You expressly agree that neither this Addendum nor your development on the Developer Program limits the Company right to develop or have developed for its Services, products, concepts, systems, or techniques that are similar to or compete with any add-ons or any other products, concepts, systems or techniques contemplated by or embodied in information you disclose to the Company.

Responsibilities and Conditions

  1. To participate in the Developer Program a Developer is obliged to have an active License related to the Company’s Services. Furthermore, to access Developer Console and the Services API necessary to develop an Application, a Developer must complete authorization and obtain Access Token. A Developer should not share its Access Token with any third party and shall keep this Token and login credentials in a secure manner.
  2. A Developer is obliged to comply with all requirements and standards set forth in the Privacy Policy and Terms and Conditions of the Company.
  3. The Company reserves the right to temporarily or permanently revoke the right to use its Services with or without notice to a Developer.
  4. An Application may be published only after it is verified and accepted by the Company.
  5. For the time of the investigation, an Application shall be frozen and any changes or publishing procedure may start only after the decision of the Company to either accept publishing procedure or to request adjustments from a Developer.
  6. Developer agrees that the Company can monitor his activity (such monitoring may include the Company accessing and using code, integration, extension, or any other form developed by the Developer).
  7. The Company may use any technical means to overcome malicious or in any way threatening disruptions to the Services API and/or Developer Program.
  8. The Company may suspend access to the Services API and/or Developer Console granted to the Developer without notice if we reasonably believe that the Developer violates this Developer Program Terms. A Developer is obliged to act in a good faith and in a manner that shall not hinder or disturb the Company’s Services functionality and its operational fluency.
  9. Developer does not acquire ownership of any rights in the Services API and/or Developer Program and/or Service Data. The Company is exclusively entitled to any content, structure, or code accessible via Services API or constituting it. Furthermore, the Company has an exclusive right to shape, change, fix, and re-build the Services API, Developer Program and/or Developer Console without prior notice.
  10. The Company is entitled to terminate or suspend your access to Developer Program and/or Services API access in case of a breach of this Developer Program Terms or reasonable suspicion of such violation. Notwithstanding the foregoing, you are fully responsible for any damage that may be caused by a breach of this Developer Program Terms.
  11. To the maximal extent permitted by law, the Company, its affiliates, suppliers, and/or distributors, will not be responsible for Developer’s lost profits, revenues, or any data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
  12. Application shall not focus on any form of advertising within or connected to any Service Data received by any Subscriber, Agent, or End-User.
  13. If an Application requests access to Service Data it is for the Company to decide if such access may be granted or not. No extension of given data access may be possible without prior Company’s authorization.
  14. Developer shall be aware that it remains solely responsible, and that the Company has no responsibility or liability of any kind, for the content, development, operation, support, or maintenance of Application.
  15. Furthermore, a Developer shall be responsible for:

    a). Taking care of maintenance duties to ensure Application functionality.

    b). Reporting to the Company long-time errors, limited functionality, or any other hindrance which affects the operational availability of the Application.

    c). Ensuring that its Application does not contain or introduce malicious software into a Service, an Services API, any Service Data or other data stored or transmitted using the Services.

    d). Ensuring legality of the Application and that the Application does not contain any obscene, libelous, or otherwise offensive contents.

    e). Ensuring that its Application does not violate or infringe the intellectual property rights of any third party.

    f). The Developer shall indemnify and hold harmless LiveChat, Inc. from any third-party claim, suit, or proceeding arising out of or related to the Application (including the personal data processing) and related to any claim that the rights of a third party were violated by the Application or/and its usage.

  16. The Company shall bear no responsibility for providing technical support for Application developed via the Developer Program.
  17. The Company shall bear no responsibility for changes implemented in its Services that may affect Application.
  18. The Company reserves the right to modify the description of Application published via Apps Marketplace. Such modification or adjustment may be done with no prior notice to the Developer publishing the Application.
  19. Once the Application becomes Published, a Developer is responsible for all further settlements between Developer and Subscriber. The Company shall not intervene or bear any responsibility for this relation.
  20. Developer shall have the right to choose whether the developed Application will be offered to Subscribers without charge or for a fee.
  21. Developer shall follow the below procedure to Publish the Application in the Apps Marketplace:

    a). Submit such Application to the Company for verification and Publishing if approved.

    b). Review Company’s Commission Fee section concerning payments and commission for the Company for publishing Applications in App Marketplace.

    c). Prepare and upload the privacy policy appropriate for the Published Application to process data (including personal data) via Developer Program.

    d). Provide necessary and reasonable support and maintenance procedures for Subscribers.

  22. The Company reserves its right to request an adjustment, update or to remove any Application related to the Services provided by the Company.
  23. By developing an Application via Developer Program you agree that LiveChat, Inc. is entitled to offer a Published Application to its Customers via Apps Marketplace.
  24. Developer grants to the Company a royalty-free, no-charge, worldwide, transferable, exclusive, sub-licensable, irrevocable, and perpetual license to, without any restrictions, use, modify, reproduce, and commercially exploit the Application developed by the Developer and any documentation and materials related to the Application. The above-mentioned rights include the right to compile or link the Application with Company’s Services.
  25. Developer grants to the Company a royalty-free, no-charge, worldwide, transferable, non-exclusive, sub-licensable, irrevocable, and perpetual permission to use, distribute, reproduce, display on any medium, commercially exploit any Developer’s intellectual property rights to the developed Application that the Developer has or may have.
  26. Developer warrants that the content shall not be stored in a data repository that would enable any third-party access.
  27. Disclosing or providing access to Services API or Developer Program credentials to your employees or independent contractors who need to have this access to perform activities on your behalf, is permitted only when jointly:

    a). such employees or independent contractors enter into an agreement with you at least as protective of Company’s rights as this Agreement along with any other applicable Company’s legal documents, and

    b). you agree to be responsible for, and liable to LiveChat, Inc. for, any breaches of such agreements by such employees or independent contractors.

Processing Subscriber’s data

  1. Developer acknowledges and agrees that it takes full responsibility for processing all the Subscriber’s data (including personal data) once the Application is installed and the Developer obtains access to such data. From this time a Developer acts as a data controller and bears full responsibility for data processing. The Company shall have no responsibility for the processing of Subscriber’s data including personal data conducted by the Developer.
  2. Developer is responsible for the safety, security, and accessibility of Subscriber’s data including personal data processed by the Developer within the Application. A Developer shall comply with all applicable laws, standards related to data (including personal data) including the European General Data Protection Regulation. Furthermore, a Developer shall request and access the minimum data (including personal data) necessary for the Application development and maintenance.

Services API - access, general rules and prohibitions

  1. It is prohibited to perform any tests on production or non-production environments that may affect the Services’ integrity, security, and fluency of delivered Services or cause any type of downtime.
  2. It is prohibited to introduce to the Developer Program and Developer Console or Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature. Defaming, abusing, harassing, stalking, or threatening other Developer’s Subscribers, Customers, or/and End-Users is forbidden. Any form of interference or disruption towards Services API, Services and/or any elements of the infrastructure provided by the Company is forbidden.
  3. Services API may contain some third-party content (such as text, images, videos, audio, or software). This content, as well as the intellectual property rights thereto, is the sole proprietary and responsibility of the third party that makes it available and can, under no circumstances, be regarded as the Company’s or Developer’s property.
  4. All Developer’s attempts to copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, reproduce, publicly display, or sublicense Services API and/or Developer Console or any other proprietary of the Company to any third party is strictly prohibited.
  5. A Developer shall not use Services API or any integration with Company’s Services to promote or facilitate unlawful online gambling or disruptive commercial messages, advertisements, or to promote content classified as illegal by the law of registration of the Company. All forms of phishing are prohibited.

EXHIBIT A

Type of processing Starter scope Team scope Business scope Enterprise scope
Visitors per license 100 400 1000 1000
Groups per license 0 20 40 80
Number of groups an agent is assigned to 1 10 20 40
Queued visitors 10 50 100 100
Queued visitors for a continuous chat 150 150 150 150
Active agents 400 400 400 400
Number of groups in group chooser 1 25 25 25
Chat archives history storage time 2 months 12 months 24 months unlimited
Number of banned Visitors
counted per individual record in a database
50 200 400 400

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