Terms of Service

TOS Revision: July 3, 2013 The following terms and conditions, as well as any future modifications (the “TOS”) are a contract between you or your company (“you” or “your”) and FrescoChat. By using FrescoChat's software services, applications, application programming interfaces, FrescoChat Widgets, communication services, (distributed) networks, control panels and websites, including, but not limited to www.FrescoChat.com/.eu/.asia, my.FrescoChat.com/.eu/.asia, (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms. FrescoChat is part of FrescoChat You may review the most current version of the TOS at any time on the FrescoChat website at http://www.FrescoChat.com/terms (“Terms of Services Page”). FrescoChat reserves the right to update and change the TOS from time to time without notice, effective immediately, by posting the updated TOS on the Terms of Services Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the TOS periodically to be aware of any such revisions cq. changes. Any new features that enhance, extend or augment the current Services, including the release of new tools and resources, shall be subject to the TOS. IF YOU DO NOT AGREE TO THESE TOS, DO NOT USE, SIGNUP, BUY, PAY OR CEASE YOUR USE OF, THE SERVICES. Grant of Limited License Subject to your compliance with the TOS including, without any limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, FrescoChat hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services. All rights not expressly granted to you are reserved by FrescoChat, FrescoChat and its licensors. Without explicit permission from FrescoChat, you may not use FrescoChat's (and related) trademarks or service marks; alter, modify, obscure, or remove FrescoChat's (and related) trademarks from the Services; alter, modify, or obscure the Services; either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of FrescoChat; or either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of FrescoChat. Fees of Services FrescoChat reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Fees”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan. FrescoChat is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your use of the Services, other than on FrescoChat's income. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein. FrescoChat reserves the right, in FrescoChat's sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees. Free Plan FrescoChat Free Plan services are delivered as-is. No payment is made by the Customer on a Free Plan, and no support, nor an guarantee of services is applicable on the Free Plan. In oder to cover the costs cq. expenses to serve the Free Plan to its users, FrescoChat, FrescoChat and other related projects and/or companies are allowed to, and not limited to, show sponsored messages and related publications on the provided services and software. In additional, FrescoChat is granted to use gathered visitors information on the Free Plans for, but not limited to, marketing purposes. Modifications to the Services FrescoChat reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. FrescoChat is in no way liable to you, to your company, or to any third party for any modification, price change, suspension or discontinuance of the Services. Account Restrictions You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts. You must be a natural person or a natural person representing a company, association or other organization. Accounts registered by automatic programs (“bots”) or other automated methods are in violation of these TOS and will be immediately terminated. You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process (“Registration Data”) and provide prompt updates to the Registration Data in the event of any changes. You may and must not impersonate nor misrepresent your identity or affiliations with other persons or entities. You are responsible for maintaining the security of your account and password. FrescoChat will not be liable in any way for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password. You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service. If your use of the Services causes undue stress on the Services and the systems running the Services, FrescoChat reserves the right to limit and/or disable your account and your access to the Services without notice. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of FrescoChat and its related companies or projects, will result in immediate account termination. You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services. Content Restrictions You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any user of the Service who is chatting with you. We have the right, but not the obligation, to remove content provided by the customer and/or user that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such content or engages in unacceptable behavior on or through the Services. Unfortunately, we cannot control all content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will FrescoChat be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us at legal@FrescoChat.com. You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violates any of these the TOS (“Offensive Content”). Examples of such Offensive Content include, but are not limited to: abuse, harassment, threats, flaming or intimidation of any person or organization, engaging in or contributing to any illegal activity or activity that violates others’ rights, use of derogatory, discriminatory or excessively graphic language providing information that is false, misleading or inaccurate hacking or modifying the Services to falsely imply an association with FrescoChat, engaging in or contributing to any activity that maliciously degrades the Services, implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization, disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you transmitting worms, viruses or harmful software, sending spam, unsolicited mail, junk mail or chain letters disclosing personal or proprietary information of another user, person or organization, altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements, collecting the content or information belonging to our users or FrescoChat, or otherwise accessing the Services, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission, soliciting log in information or accessing the account of another user of the Services, promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to FrescoChat, aiding in the use of the Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to FrescoChat, harassing, annoying, intimidating or threatening users of the Services or employees or agents of FrescoChat, removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us and/or related companies, projects and identities, forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others, posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals, posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner, posting content that solicits personal information or any information from anyone under the age of 18, posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property. FrescoChat's Intellectual Property Rights The Services are protected by copyright, trademark laws. Except as expressly provided in the TOS, FrescoChat, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. FrescoChat always welcomes your feedback or other suggestions about FrescoChat, but you understand that we may use such feedback without any obligation to compensate you for them, just as you have no obligation to offer them. You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose. You not allowed to duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, Javascript, visual design elements, features, functions, or graphics without express written permission from us. All trademarks, service marks, logos, trade names and any other proprietary designations of FrescoChat used herein are trademarks or registered trademarks of FrescoChat and/or FrescoChat Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Privacy Policy We take privacy seriously. Our privacy policy covers FrescoChat's treatment of information collected through the use of Services, third-party partners (“Partners”), or other reasonable means that may happen through normal interaction with us. The policy does not apply to entities that FrescoChat does not own or control, or persons that FrescoChat and/or FrescoChat does not employ or manage. Nevertheless, FrescoChat will take all reasonable means to maintain your privacy as described below when working with third parties. Collection: Subject to these Terms, you consent, through your use of the Services or by communication with us, to the collection, use, disclosure, storage, processing, and transfer of the following information (collectively your “Private Information”) by us or by third-party vendors contracted by us: Your account Registration Data; Billing information; Personal information such as your name, email address, and phone number; Business information like your company name, company size, and business type; Your customers’ information that you provide us or through your customers’ interaction with the Services; Any other information you provide us, such as your coworker’s email address; Account information from Add-ons and other third-party services you use in conjunction with our Services; Data about your use of the Services, such as but not limited to interactions with the user interface to the Services, computers you connect to the Services with, the frequency and size of data transfers, and information you use to describe yourself; and Data required for operation of the Services such as but not limited to information you submit to, publish with, or transfer through to the Services. Use. We use your Private Information to provide the Services to you; send you notification of updates to the Services; send you marketing communications such as email (unless you choose to stop our email newsletter or marketing emails by following the unsubscribe instructions included in these emails); and if you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. Cookies: You consent to the use of cookies, web beacons, and log file information to: (1) operate the Services, (2) store information so that you will not have to re-enter it during your visit or the next time you use the Services; (3) provide custom, personalized content and information; (4) monitor the effectiveness of our marketing campaigns; (5) monitor aggregate metrics such as total number of visitors and pages viewed; and (6) track your entries, submissions, and status in promotions, sweepstakes, and contests. If you are logged in to your account, we may associate the Private Information with your account. Third-party services: We may share or collect your Private Information with its third party service providers, including companies that assist with payment processing, business analytics, data processing, account management, and other services. We require these companies to not use your Private Information themselves nor share it with another party not under a similar contract to provide service to us, but only use your Private Information for the specific services we have requested for us or on your behalf. We will ensure that any such third party will adhere to the obligations no less protective of your Private Information than this Privacy Policy. Metrics: We also use collected data to compute aggregate metrics such as pages viewed and total number of visitors in order to statistically determine trends and patterns about usage and demographics for the purpose of improving the Services. When aggregating your Private Information, we will take reasonable measures to anonymize your Private Information. Employees: We will only disclose Private Information to our staff as they need to know and we will ensure such personnel protect Private Information as required in this Privacy Policy. We will not disclose your Private Information to third parties without your consent unless they are bound to a confidentiality agreement that complies with this Privacy Policy. We do not sell your Private Information to third parties. Accountability: We will take all appropriate legal, organizational, and technical measures to protect the Personal Information, keeping in mind the nature of such data. FrescoChat shall hold those of its employees with access to personal data accountable for violations of this agreement imposing sanctions, which include, where appropriate, the possibility of termination of contracts and employment. Further disclosure: We may share with third parties non-personal information, public information, and anonymized aggregated data. We may also disclose your Private Information as required by law such as to comply with a subpoena, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; if we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice within the application of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information; to any other third party with your prior consent to do so. Backups: We may also retain your Private Information in backups for a reasonable period of time, ever after the termination of your account or your relationship with us governed by these Terms. We will not share Private Information in backups with third parties unless compelled to by law. Requested deletion: FrescoChat shall, upon request and within a reasonable time, correct, delete, and/or block Private Information from further processing and/or use. Guarantee of Services We will respond to your support inquiries within one business day and we will ensure the Services have no more unexpected downtime than 1% of any month. If you do not believe we met this service level during the period of your paid subscription, notify us by emailing support@FrescoChat.com within 15 days of the issue and we will extend your subscription back for the downtime period. Termination of Account You are solely responsible for properly canceling your account. An email, phone, chat, or written request to cancel your account is not considered cancellation. You may cancel your account at any time opening a ticket to the 'Cancelations' department in the billing system. FrescoChat is allowed to terminate your account without notice in the event that you breach any of this TOS. If you cancel the Services before the end of your current paid up period or if FrescoChat terminates your account as permitted in this TOS, your cancellation will take effect immediately and you will not be charged again. In the event of any termination, FrescoChat will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. FrescoChat reserves the right to refuse service to anyone for any reason at any time. Warranty Disclaimers YOU EXPRESSLY UNDERSTAND AND AGREE THAT: EXCEPT AS EXPRESSLY WARRANTED IN THE TERMS, ALL SERVICES ARE PROVIDED “AS IS” AND FrescoChat HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FrescoChat MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FrescoChat OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT FrescoChat AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FrescoChat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY RELATING TO OR ARISING FROM THIS AGREEMENT. IN NO EVENT SHALL FrescoChat OR ITS RESPECTIVE SUPPLIERS AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID FOR THE IMMEDIATELY PRECEDING MONTH BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE NOTE THAT DOWNGRADING YOUR ACCOUNT MAY RESULT IN THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. FrescoChat DOES NOT ACCEPT ANY LIABILITY FOR ANY SUCH LOSSES. Indemnification You agree to indemnify and hold harmless FrescoChat, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms and any claims arising from the content you submit, post, transmit or make available through the Services. Non-solicitation The TOS are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the TOS or by written permission of FrescoChat. If you are interested in becoming a FrescoChat partner, reseller, or affiliate, we are happy to talk with you. Force Majeure FrescoChat shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by FrescoChat may be deferred for a period equal to the time of such delay. Integration and Severability This TOS are the entire agreement between you and FrescoChat with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and FrescoChat with respect to the Services. If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Assignment of Terms You may not assign or transfer the TOS, by operation of law or otherwise, upon written notice to FrescoChat. Any attempt by you to assign or transfer the Terms, without such notice, will be null and of no effect. FrescoChat may assign or transfer the TOS, in its sole discretion, without restriction. Subject to the foregoing, the TOS will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications required hereunder, including those regarding modifications to the TOS, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Contact If you have any questions about the Terms of Service, please contact us at legal@FrescoChat.com. Copyright © 2014 FrescoChat