LiveLeader standardvilkår
1 Introduction
These terms of use (the agreement) states the terms on which we, Kalibera AS (Kalibera), provide the LiveLeader service (the service) to web site visitors, herunder users, test customers, paying customers and registered customers (you). By using any of the services provided on our site, for a fee or gratis, or signing up for an account, you accept to be bound by the terms of this agreement.
You also understand that you are responsible for the acts of your employees and anyone acting on your behalf or otherwise for persons you answer for.
The use of the service may only take place provided each physical user has his/her own account on the service, whether it is a free test account or a one for which a fee is charged.
2 What we deliver to you
2.1 The service
Kalibera is committed to providing you with the best possible tools and services in order to meet your needs and expectations. If you are a paying user, we therefore promise you that the LiveLeader service will be available at least 99.9% of the time, excluding the periods where we conduct regularly scheduled maintenance or where unforeseeable and unavoidable service outages occur due to internet, network, or internet service provider related downtime outside our control.
2.2 Privacy
We are committed to maintaining your privacy. This means that we will operate the service in conformance with the Norwegian Data Protection Act (English and Norwegian) that is the implementation of the EU Data Protection Directive (English and Danish). See in particular its section 13.
In accordance to this regulation, you, as the one determining the purpose of any use of personal information, are the controller. Kalibera, as the provider of the service working on your behalf, is the processor.
According to the Norwegian Data Protection Act, only subjects located in Norway is subject to the Norwegian act. If you (as controller) are located elsewhere, the Norwegian act is not applicable to you. In any event, you are responsible for legal compliance as processor.
This is the parallel regulations to the US Safe harbour regulation, but with even stronger rights for the data holder.
The data is stored with US-based Amazon.com using Amazon Web Services.
Paying customers will also have Secure Socket Layer (SSL) encryption or similar.
Our ability to maintain your privacy is dependent upon your compliance with this agreement, hereunder clause 5.1.
3 Limited warranty – SLA
If for any reason (apart from those mentioned above) LiveLeader does not meet our high standard of availability, you may request a refund equalling 10% of the paid monthly license fee for each 60 minutes of continuous downtime. This warranty is limited to an amount not exceeding 50% of your total monthly license fee.
If no single period of downtime lasts for 60 minutes or longer, you may request a refund equalling the percentage of actual downtime during the affected month.
In order for us to be able to keep our prices low, the above described refund is your sole remedy for the failure of Kalibera to reach the promised level of availability of the service. Refunds will be issued in the form of a credit towards your next payment, unless the affected month was pre-established by you as your final month of service, and you have informed us of that in writing prior to the service outage. If so pre-established, your refund will be issued via wire transfer or credit card payment (at our sole option) within 45 days.
4 Planned maintenance
Kalibera makes every effort to perform all service maintenance activities during pre-scheduled maintenance windows. Currently, the maintenance windows are set for Saturday and Sunday mornings, from 3:00 a.m. to 7:00 a.m. U.S. Central Standard Time. We may not utilize every maintenance window. If system downtime is planned outside any maintenance window, we will issue an announcement prior to the date of the planned maintenance activity.
5 Your use of the service
5.1 Dos and don'ts
You agree to use the service in good faith within the limits set by law and the agreement. Hereunder you agree not to:
- use or attempt to use the service by way of any other user interfaces than the ones provided to you through the service or explicitly referred to in the service. (If such other interface is referred to, we do no not warrant for the service, hereunder the limited warranty in clause 3.)
- send, or attempt to send, unsolicited email messages (spam), or using the service to gain unauthorised access to the service or any third party system;
- violate trademarks, service marks, copyright, trade secret or other intellectual property rights;
- violate, or attempting to violate, the security or privacy of the service, hereunder try to gain access to the account of any third party; and
- communicate obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable language as reasonably determined by Kalibera.
You also agree to your sole responsibility to:
- maintain secret all user name(s) and password(s) to the service, and not share it with any third party;
- designate one username and password to each of your employees or other person operating or using the service for you, oblige that person to maintain the access information secret, and to abstain from letting several persons share such access information;
- report any unauthorised use of the service to Kalibera.
Further, you may not reproduce, copy, sell, rent or in any other way trade with the service or access to it, or otherwise build on it to produce your own similar service, without prior written agreement with Kalibera. You may, however, of course use the service to provide services to your customer, such as for customer support or sales.
5.2 Contact details
It is your duty to keep your e-mail address registered in the service up to date, to maintain it valid and to ensure that emails we send you are not stopped by spam filters or other types of email blocking systems, and otherwise ensure that e-mail we send you comes to your knowledge.
5.3 Violation of the terms
Kalibera may at its own sole discretion terminate the agreement immediately for any breach of contract.
If you are a paying customer, Kalibera shall give no less than a 14 days written notice. If the breach is not remedied (corrected) before such 14 day period, the agreement may be terminated without further notice. In the event of material breach of contract, the agreement may be terminated with immediate effect (without further notice).
The service will be made unavailable and data may be deleted if the agreement is terminated.
You agree to hold Kalibera, and others the company is responsible for, harmless from any civil claim of any nature that arises from your breach of the agreement.
6 How we charge you
Our billing policy is as follows:
- We will bill you for services you have selected to receive on a recurring basis until the service is cancelled by you.
- The billing will take place by the automatic charge of the approved credit or payment card registered with us, on intervals agreed. A summary of invoice information will be sent to you by email, with more details available online.
- By accepting any of our services, you agree to keep us updated as to your billing information.
- No refunds will be issued on claims for refund that is set forth later than after thirty (30) days from the expiry of the month giving rise to the claim. Upon our approval, account balances may be used as a credit towards service purchases.
- Your accounts will be deactivated without further notice if payment is more than 15 days past due date.
- The price you pay is not based upon your actual usage of the LiveLeader service, but the service you are entitled to use. You must yourself cancel in writing to the designated email account, or by using LiveLeader's self-service facilities for account management, any service that you no longer wish to use and pay for.
7 Limitation of liability
7.1 General
We provide the service on an "as is" basis, subject to the limited warranty provided above (clause 3), if you are paying user. We (and those for whom we answer) expressly disclaim all warranties, save for our limited warranty provided herein, including all further and additional express, implied or statutory warranties, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.
Further, we are not liable for any damage to or loss from any third party intrusion into or access to the user's own computer systems, due to use of the service.
7.2 Non-paying customers
If you are a non-paying user you understand and accept that our services may be unavailable for extended periods of time. We may discontinue any or all services provided to you at any time without notice to you. Paying users are covered by the limited warranty stipulated in clause 3.
7.3 Consequential losses
In no event are we liable for any lost profits, anticipated savings, loss of data or special, incidental or other consequential or indirect damages (however arising, including negligence) arising out of or in connection with your use or inability to use the service, or otherwise under this agreement. Our liability to you or any third parties is limited to the remedies provided through our limited warranty.
7.4 Legal avenue
Any disputes related to this agreement or its subject matter will be subject to the jurisdiction of the city court of Oslo, Norway. Norwegian law shall apply.
8 Changes
We may amend the agreement from time to time by informing you of the amended terms via e-mail to the e-mail address you provide us with, and/or presented on the site of the service. Such amendments will become effective when sent to your last known email address, or presented on the site.