Terms of Service

Terms and conditions

Last updated: 2024-07-08

Terms of Use for All Users: By using our website, you agree to these terms. Please read them carefully.

Introduction: These Terms of Use for all users govern your use of LivestChat and your agreement with us.

Interpretation: In the Terms of Service:

• " LivestChat " refers to our website, which is accessible via the URL www.livestchat.com.
• "We", "our", and "us" are references to the operator of LivestChat.
• "Content" refers to any material uploaded to LivestChat by any user (whether a Creator or a Fan), including photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.
• "Creator" refers to a user who has set up their LivestChat account as a Creator account to post content to be viewed by other users.
• "Fan" refers to a user who follows a Creator and is able to view the Creator's content.
• "Fan/Creator Transaction" refers to any transaction between a Fan and a Creator on LivestChat by which access is granted to the Creator's content, including a Subscription, payments made by a Fan to view a Creator's pay-per-view Content, and use by the Fan of the fan interaction function on a Creator's account.
• "Fan Payment" refers to any and all payments made by a Fan to a Creator in connection with a Fan/Creator Transaction, or by way of a tip for a Creator.
• "Referring User" refers to a user who participates in the LivestChat Referral Program.
• "Standard Contract between Fan and Creator" refers to the terms which govern each Fan/Creator Transaction.
• "Subscription" refers to a Fan's subscription to a Creator's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).
• "Terms of Service" (also called "your agreement with us") means the legally binding agreement between us and you, which includes these Terms of Use, our Privacy Policy, and any other terms and conditions or policies we may provide from time to time.

Who we are and how to contact us:

LivestChat is operated by our company. We are a limited company registered with necessary authorities.

To contact us with any questions about LivestChat, please email our support team at support@livestchat.com. If you are unable to contact us by email, please write to us at our provided address.

How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:

• To reflect changes in laws and regulatory requirements which apply to LivestChat and the services, features and programs of LivestChat where such changes require us to change our terms and conditions in a manner which does not allow us to give reasonable notice to you; and
• To address an unforeseen and imminent danger related to defending LivestChat, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through LivestChat, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use LivestChat.

We may make changes to or suspend or withdraw LivestChat:

We may update and change LivestChat from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that LivestChat, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of LivestChat for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

Registering with LivestChat: To use LivestChat you must first register and create a User account on LivestChat. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the LivestChat site for the composition of passwords. To register as a User:

• You must be at least 18 years old, and you will be required to confirm this;
• If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
• You must be permitted by the laws of the country or State/province where you are located to join LivestChat and to view any Content available on it and to use any functionality provided by it.
• You must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use LivestChat.

Your commitments to us:

When you register with and use LivestChat, you make the following commitments to us:

• If you previously had an account with LivestChat, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
• You will make sure that all information which you submit to us is truthful, accurate, and complete.
• You will update promptly any of your information you have submitted to us as and when it changes.
• You consent to receiving communications from us electronically, including by emails and messages posted to your LivestChat account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
• You will keep your account/login details confidential and secure, including your user details, passwords, and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@livestchat.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
• You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
• You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy, and all other parts of the Terms of Service which apply to your use of LivestChat.

Rights we have, including to suspend or terminate your account:

• We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
• It is our policy to suspend access to any Content you post on LivestChat which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@livestchat.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
• If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your LivestChat account, but we are not obligated to give you prior notice of such removal or suspension.

We reserve the right in our sole discretion to terminate your agreement with us and your access to LivestChat for any reason by giving you 30 days’ notice by email or electronic message to your LivestChat account. We can also suspend access to your User account or terminate your agreement with us and your access to LivestChat immediately and without prior notice:

• If we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
• If you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of LivestChat.

If we suspend access to your User account or terminate your agreement with us and your access to LivestChat we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.

Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on LivestChat for you to be able to access your Content following termination of your account.

We can investigate any suspected or alleged misuse, abuse, or unlawful use of LivestChat and cooperate with law enforcement agencies in such investigation. We can disclose any information or records in our possession or control about your use of LivestChat to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process. We can change the third-party payment providers used to process payments on LivestChat and if we do so, we will notify you and store applicable details on your LivestChat account. Other than Content (which is owned by or licensed to Creators), all rights in and to LivestChat and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws. We are the sole and exclusive owners of any and all anonymised data relating to your use of LivestChat and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.

What we are not responsible for: We will use reasonable care and skill in providing LivestChat to you, but there are certain things which we are not responsible for, as follows:

We do not authorize or approve Content on LivestChat, and views expressed by Creators or Fans on LivestChat do not necessarily represent our views. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators. Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on LivestChat, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on LivestChat. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via LivestChat. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy). You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of LivestChat and that if you choose to do so, you do so entirely at your own risk.

We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of LivestChat (including the LivestChat Referral Program). The materials which we make accessible on LivestChat for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials. We do not promise that LivestChat is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access LivestChat. You should use your own virus protection software. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of LivestChat. While we try to make sure that LivestChat is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds. You acknowledge that once your Content is posted on LivestChat, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.

Intellectual property rights – ownership and licenses:

You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which LivestChat is accessible and, in particular, in the United States of America, the United Kingdom and the European Union. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of LivestChat. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content. The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using LivestChat, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of LivestChat, as well as to use your Content for other normal operations of LivestChat. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.

Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on LivestChat. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

Linking to and from LivestChat:

Links to LivestChat:

You may link to the LivestChat homepage, provided you do so in a fair and legal manner that does not damage our reputation or take advantage of it. However, you must not establish a link in such a way that suggests any form of association, approval, or endorsement on our part without our explicit consent. If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. You must not impersonate LivestChat or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your LivestChat account by using Google Ads or any similar advertising platform or search engine advertising service. Links from LivestChat: If LivestChat contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This inclusion should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to LivestChat, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

Domain Names: In certain cases, LivestChat may permit Creators to register or use domain names that contain the LivestChat trademark or a term confusingly similar. However, you shall not register such a domain name, unless:

• The domain name is registered by the Creator.
• The domain name redirects to the Creator’s LivestChat profile. Domain names containing the LivestChat trademark or a term confusingly similar must not direct to any other website, including link aggregators.
• The Creator obtains prior written permission from LivestChat and signs a licensing agreement.

If you are interested in registering a domain name containing the LivestChat trademark or a term confusingly similar, please contact support@livestchat.com. Failure to adhere to these provisions or the licensing agreement will be deemed a violation of the licensing agreement and may result in LivestChat initiating a domain dispute against the registrant.

If you wish to delete your LivestChat account, you can do so in the 'User Account' section of your LivestChat account.

• If you are a Fan, your account will be deleted within a reasonable time following your request.
• If you are a Creator, once you initiate the "delete account" process, your account will remain open until the last day of your Fans' paid Subscription period, after which you will receive your final payment and your account will be deleted.
• If you are both a Fan and a Creator, your account will be deleted in two stages (Fan first, then Creator).

After your account has been deleted, you won't be charged any further amounts or have access to your former LivestChat account or its Content. Any subscriptions will also be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account.

Once your account has been deleted, we may handle your Content in accordance with our Privacy Policy (including by deleting it), and you will no longer have the right to access your Content. There is no technical facility on LivestChat for you to access your Content following termination of your account.

Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and (ii) fraud or fraudulent misrepresentation.

If you are a consumer User: If you are a consumer User, you agree that:

We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of LivestChat.

If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.

If you are a business User, you agree that:

We and our subsidiary companies, employees, owners, representatives, and agents:

• Exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to LivestChat or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
• Are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
• Won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
• Your inability to use LivestChat or any of its services, features or programs; or
• Your use of or reliance on any content (including Content) stored on LivestChat;
• Won't be liable to you for any:
• Loss of profits;
• Loss of sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill or reputation;
• Loss of data or information, including any Content; or
• Indirect or consequential loss or damage;
• Won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of LivestChat or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
• Won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
• Won't be liable to you for any loss or damage, whether direct or indirect, you suffer as a result of incomplete, inaccurate, incorrect, or misleading information provided by you or another User.

Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:

• 100% of the total fees paid by you to us in connection with your use of LivestChat; and
• USD 5,000.

General: You agree that:

• If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
• If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
• We reserve all rights not expressly granted to you.
• No implied licenses or other rights are granted to you in relation to any part of LivestChat, save as expressly set out in the Terms of Service.
• Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.
• You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
• Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
• The Terms of Service form the entire agreement between us and you regarding your access to and use of LivestChat, and supersede any and all prior oral or written understandings or agreements between us and you.

Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of LivestChat (including those arising from or relating to your agreement with us) can be brought:

For consumers (Users):

Consumers - Law:

If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of LivestChat, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of LivestChat (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.

Consumers - where claims must be brought:

If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of LivestChat (including, in both cases, non-contractual disputes or claims) may be brought in the courts of England and Wales or the courts of the country where you live.

If you are a consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of LivestChat (including, in both cases, non-contractual disputes or claims) must be brought in the courts of England and Wales.

If you are a Consumer resident in the United States with claims exclusively against Fenix Internet LLC, a wholly-owned subsidiary of Fenix International Limited, located at 1000 N. West Street, Suite 1200, Wilmington, Delaware, 19801, you may pursue your consumer claim in an appropriate case in a court of jurisdiction in Wilmington, Delaware.

For business Users (Creators and Referring Users):

Business Users – Law:

If you are a business User, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of LivestChat, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of LivestChat (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.

Business Users - where claims must be brought:

If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of LivestChat.

Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning LivestChat (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or