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Acceptance of terms

Quality Unit, s. r. o. (referred to here as “Quality Unit”) provides its Service (as defined below) to You through its web site located at www.qualityunit.com (the “Site”) and *.ladesk.com (URL of your account), subject to this Terms of Service agreement (“TOS”).By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.

Quality Unit may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.

Description of service

The “Service” includes (a) the Site, (b) the LiveAgent help desk and chat system, tools and services provided through the Site and by the LiveAgent API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the LiveAgent API (collectively referred to as the “Content”).Any new features added to or augmenting the Service are also subject to this TOS.

General conditions / Access and use of the service

Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Quality Unit. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Quality Unit, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. The system will automatically detect such behavior and You agree that Quality Unit can charge you an additional monthly fee for it. You may create separate logins for as many people as Your plan allows.

Quality Unit reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.

You understand that the technical processing and transmission of the Service, including Your content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Quality Unit’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Quality Unit will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.

The failure of Quality Unit to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Quality Unit, even though it is electronic and is not physically signed by You and Quality Unit, and it governs Your use of the Service and takes the place of any prior agreements between You and Quality Unit.

Terms & conditions of AppSumo deal

You may access and use the Service only for Your internal business needs and purposes as contemplated in these Terms & Conditions. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms & Conditions; (b) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

Your AppSumo purchase of the Service (“Package”) purchased on the official site appsumo.com/liveagent/ grants You access to the features for a single purchase of $59 processed on the official sites of AppSumo. One (1) purchase provides you access to a single (1) coupon code (“Code”), which You are required to redeem on the Service URL address: liveagent.com/appsumo-signup. (no longer available). Upon the registration, You are required to fill in the necessary data in order to successfully complete the registration. These necessary data include (a)Your Code; (b) Your Full Name; (c) Your Email Address; and (d) Company/Organization name used to create the unique URL address of Your Account.

Each Code purchased on the AppSumo page shall be redeemed only once (1 time). Each additional redemption of the same Code is strictly against these Terms & Conditions. In case of multiple redemptions of the same Code You lose access to the Service and Your additional accounts shall be suspended.

You are required to redeem your Code(s) before the 1st December 2019. Any request (both written or oral) sent after this deadline to the Quality Unit will be rejected. Your right to redeem Code(s) end on the 30th of November 2019, 23:59. Quality Unit reserves the right to make no exceptions after this deadline.

Purchase of The Package grants You lifetime access to two (2) agent seats (“Users”) of the Service’s All-Inclusive (All-in-one) plan for a value of $59. The two (2) agent seats include one seat designate to You (“Owner” of the Account) and one (1) seat for “Agent” or “Admin”.

Each additional User added to Your Service account is subject to the regular pricing model of the “All-Inclusive” / “All-in-one” plan as described here: www.liveagent.com/pricing/. You will be charged for the real usage of the additional user based on the time of usage. Standard rate of additional User is rated at $39 per month for user.

The amount of the charge is be multiplied by the number of additional Users added to your Service account.

You will be notified via email notification sent from the Company about the fact, that You added the additional Users to Your account. This notification email will contain an alert, that You have exceeded the number of Users included in Your AppSumo Package.

Additional agents added to Your account are billed on a monthly basis. Upon the first charge You shall be asked to enter Your valid billing data containing Your (a) Real Name and Surname; (b) valid email address; (c) valid name of your company; (d) valid Address (Street name, City, ZIP code and State) (e) additional details of your company based on Your local legislation. You are required to fill valid, true, accurate and verified data only.

Upon the first charge of the usage of additional Users, You shall be asked to select Your preferred payment method. Quality Unit provides two (2) methods of payments based on the (a) Credit Card details (b) PayPal account details.

You are required to submit your Credit Card details or PayPal account details only in Case of adding additional Users to Your account.

Refusing to submit Your Credit Card details or PayPal account details upon the charges for your real usage of additional Users results in Your loss of access to Service. The access to Your Service account will be permitted once You submit the necessary billing information and select Your preferred payment method. Quality Unit reserves the right to make no exceptions.

You are not allowed to “stack” multiple Codes and use them for a single (1) Service account. Each Service account accepts only one (1) Code. The package is not stackable.

Terms & conditions of LiveAgent free plans

Fair use policy

As part of our commitment to providing excellent quality and reliable service, we have a Fair Use Policy on LiveAgent services.

We want to ensure that all our customers can enjoy and successfully utilize our service regardless of any conditions.

If some customers use so much data or violate rules that it might affect other users, we may contact such contraveners and discuss changing their usage and limits or cancel their accounts.

We reserve the right to change the account limits without prior notice.

We reserve the right to vary the terms of this Fair Use Policy from time to time.

This policy is supplementary to and does not limit any of the main LiveAgent Terms & Conditions.

Custom deliveries

Additional request for custom deliveries can be raised by sending a request to Quality Unit in a form of email communication to support@liveagent.com. Quality Unit reserves the right to refuse custom delivery request. If custom delivery request is accepted, an agreement based on the request between You and Quality Unit shall be concluded that shall detail the requirements and specifications of the Custom Delivery. An agreement is a written approval made in a form of email communication. The output of the custom delivery becomes the exclusive intellectual property of the Quality Unit and You agree, that the output can be used in the future for further usage of 3rd party customers of Quality Unit. The price of the Custom Delivery shall be agreed upfront and will be provided on a case-by-case basis.

Account terms

• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your username and password. Quality Unit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You must not misrepresent yourself or take on the identity of someone else while using this service.
• You may not use the Service for any illegal or unauthorized purpose.
• You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• Violation of any of these agreements will result in the termination of your Account. While Quality Unit prohibits such conduct and Content on the Service, you understand and agree that Quality Unit cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, refunds and billing changes

Trials and payments The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally monthly). All plans come with an initial free trial period of up to 14 days. If You do not provide Your credit card details to Quality Unit within the free trial period, Your account will be suspended and can only be reactivated by submitting Your credit card information. Once You have provided credit card details, You will be promptly billed and Your trial period will terminate.

Plan and price changes If you choose to upgrade Your plan or number of agents during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, Your credit card will automatically be charged the adjusted rate on Your next billing cycle subsequent to the pro-rating billing. A billing exception exists if You are on a monthly billing cycle where You will not see a prorated charge or credit in the current month, but Your new billing rate will be reflected on Your next monthly bill. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Quality Unit does not accept any liability for such loss. Prices of all LiveAgent plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, Quality Unit reserves the right to contact You about special pricing if You maintain an exceptionally high number of end-users or an unusually high monthly ticket ratio per agent. In such situation, an Enterprise Subscription Agreement (described below) may be more appropriate for You.

Credit card billing, receipts and privacy  The account owner will receive an email receipt upon each credit card charge. Quality Unit provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information (e.g., upon card renewal). Quality Unit uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Quality Unit. Please visit https://www.liveagent.com/politika-privatnosti/ to understand how Quality Unit collects and uses personal information.

Billing changes & updates The Owner of the account is entitled to request an update to the billing information contained on the invoices for the usage of the Service. The update must  be requested via email sent to support@liveagent.com within the first 15 days of the last invoice issue. A credit memo and an updated invoice containing the new billing information will be issued to You. Requests submitted past the 15 days since the last issue will be rejected and You will have to wait for the new invoice to be issued on the next billing date.

VAT ID handling If the customer has been assigned with a proper and valid VAT ID (according to European Law), the customer is solely responsible for applying the VAT ID in the necessary field in their customer profile. Quality Unit will not be refunding any customers who fail to apply their VAT ID on their own.

Annual pre-paid credit

Annual pre-paid credit added to the customer’s account based on the mutual agreement shall last for the period of 12 months only if the number of agent seats remains the same during the whole time frame. This time period shall increase or decrease based on the amount of agent seats added or removed in the customer’s account during the duration of the validity of the credit.

In case the customer decides to discontinue the usage of the Service before all of his credit is used OR before the time period ends, he is eligible to get refund for the remaining unused value. Quality Unit reserves the right to refund only 50% of the remaining amount as the cancellation fee.

Cancellation and termination

You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by an email sent to support@qualityunit.com with a request to cancel account. Quality Unit will respond to this email and cancel Your account within one business day. Another option of cancelation of Your account is “Stop Account” button located in “My Account” section. By canceling Your account, You will lose access to all of  content upon cancellation and Quality Unit will delete it in its normal course of business operations. This information cannot be recovered once the account is cancelled. If You cancel Your account from “My Account” section of the Service before the end of the current paid-up subscription period, the cancellation will take effect immediately and You will not be charged again. In case of the cancel request sent via mail, You are requested to wait for the confirmation from Quality Unit.

Quality Unit reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Quality Unit believes that You have violated these TOS. Quality Unit will use all reasonable efforts to contact You directly via email or phone to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Quality Unit shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

Quality Unit reserves the right to terminate Your account due to prolonged inactivity. Quality Unit must adhere to termination protocols by issuing a warning email before terminating the User’s account. After 4 weeks of inactivity, a warning email will be sent informing the User of the upcoming account termination, and steps that can be taken to prevent account termination. After 8 weeks of inactivity, the account will be deleted along with all its data.

Disclaimer of warranties

The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law and Quality Unit expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Quality Unit does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from quality unit or through the service shall create any warranty not expressly stated in this tos.

Limitation of liability

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Quality Unit be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, Quality Unit shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages or one hundred ($100) u.s. dollars. The provisions of this section allocate the risks under this T&Cs between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Quality Unit’s liability will be limited to the greatest extent permitted by law.

Assignment

Quality Unit may assign or transfer this TOS, in whole or in part, without restriction.

Export compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

Governing law

These TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your access to or use of the Service.

Data processing

LiveAgent is committed to privacy, security, compliance and transparency. This approach includes supporting our customers’ compliance with EU data protection requirements, including those set out in the General Data Protection Regulation (“GDPR”),which became enforceable on May 25th 2018.

Contents

1. Who is the data processor
2. What data is processed
3. What are the data sources
4. What is the purpose of data collection and/or processing
5. Why is profiling and automization present
6. What is the time period of data processing
7. Who are our partners/subcontractors
8. What are your rights of data processing
9. How can you revoke consent of data processing

Who is the data processor

The data processor is the company, which selects purpose and resources of data processing. For marketing purposes, the data processor is Quality Unit, s. r. o.

What data is processed

We process the following data types: Name, Address, Phone number, Email address, IP Address, Information about products you purchased, Information about product usage, Information collected from phone conversations, Phone recordings, Information collected from other types of contacting us (email, chat, Facebook messages, Tweets), Information provided for our support team to address issues with your accounts, Geo-localization data, Browser information, System information.

What are the data sources

The data named out in the previous section are collected solely from you. The data is accessible from conversations made between you and Quality Unit, s.r.o. or stated in your customer profile. Data can also be collected from public available sources like company directories and other. Data can also be collected from 3rd parties which are permitted for their processing.

What is the purpose of data collection and / or processing

Your consent of data processing was given for the following purposes: marketing services, customer support services.

Why is profiling and automization present

Quality Unit s.r.o. wishes to deliver the best and most personalized experience and because of that, with your prior consent, we segment and profilize data. For such purposes we use in house software and other analytics and automation software

What is the time period of data processing

Your consent was given for the period of using our services (LiveAgent) and for the following 5 years after termination of usage, or until the moment when you revoke your consent. If you’re not a customer and you’re not going to be a customer of Quality Unit s.r.o., your consent will be valid for 5 years, or until the moment when you revoke your consent. After the 5 year period, your data will be erased.

Who are our partners / subcontractors

You have given consent to our subprocessors and subcontractors who may have access to selected data. Our subprocessors and subcontractors are subjects to regular checks and audits to ensure maximum level of privacy and security.

What are your rights of data processing

Correct data processing is of our utmost importance and we take pride in high level of security, privacy and data processing at Quality Unit s.r.o.

Below are your rights regarding data processing:

Information about data processing Information includes mainly: contact information about processor, their subordinates or data processing officer or person responsible for data processing, purpose of data processing, categories of data, addressor/receiver of data and categories of data receivers, information about data transfers to 3rd party countries, time period of data processing, list of your rights, right to address the local data processing authority, source of data processing, information about data profiling and automization.

Right to access data You have the right to confirm whether your data is being processed or not and categories of data processed.

Right for correction You have the right to correct concerning data if necessary.

Right to erasure (‘right to be forgotten’) In some cases permitted by the law, we are obliged to erase all your data based by your request.

Right for processing limitations Some customers prefer limited data processing. If you have special requests about data processing limitations, please contact us.

Right for data migration Based on your request, we can transfer your data to a different data processor if there are no legal or other obstructions.

Right to object If you think your data is not processed correctly, you may raise an obstruction by contacting us with intention of resolving the issue.

Right for contacting local data processing authority You can contact the local data processing authority in case of further concerns or issues raised. The local data processing authority for Quality Unit s.r.o. is Úrad na ochranu osobných údajov Slovenskej republiky with address Hraničná 12, 820 07 Bratislava 27, Slovak Republic, European Union.

How can you revoke consent of data processing

Your consent with data processing is voluntary. You can revoke it at any point of time.

How can I submit my data processing revoke request? Please provide us with the name of your company, subject and data processor, written request of your data revoke and your signature. You shall address your request to andrej@liveagent.com

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