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# Terms of Service

Last updated Feb 21, 2024

These Terms of Service are made between you and ServiceBell Inc. (“ServiceBell,” “we,” or “us”) and govern your use of ServiceBell’s video chat and website monitoring service, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and ServiceBell regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SERVICEBELL’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND SERVICEBELL’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SERVICEBELL AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. You understand and agree that disputes arising under these Terms will be resolved by confidential binding, individual arbitration. (See Section 15.)

## 1. ServiceBell Service Overview.  
ServiceBell offers a video chat and website monitoring solution that enables website operators to monitor and engage with website visitors live and via video chat.

## 2. Eligibility.  
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

## 3. Accounts and Registration.  
To access the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, business name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@getservicebell.com.

## 4. General Payment Terms.  
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

### 1. Price.  
ServiceBell reserves the right to determine pricing for the Service. ServiceBell will make reasonable efforts to keep pricing information published on the website up to date.

### 2. Authorization.  
You authorize ServiceBell to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by ServiceBell, including all applicable taxes, to the payment method specified in your account.

### 3. Subscription Service.  
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize ServiceBell to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.

### 4. Delinquent Accounts.  
ServiceBell may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid.

## 5. Licenses

### 1. Limited License.  
Subject to your complete and ongoing compliance with these Terms, ServiceBell grants you, solely for your personal, use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

### 2. License Restrictions.  
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

### 3. Feedback.  
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant ServiceBell an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose.

## 6. Ownership; Proprietary Rights.  
The Service is owned and operated by ServiceBell. The visual interfaces, graphics, design, compilation, information, data, computer code and scripts (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by ServiceBell are protected by intellectual property and other laws. All Materials included in the Service are the property of ServiceBell or its third party licensors.

## 7. Third Party Terms

### 1. Third Party Software.  
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components.

## 8. Communications.

### 1. Email.  
We may send you emails concerning our products and services, as well as those of third parties.

## 9. Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:

### 1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
### 2. harass, threaten, demean, embarrass, or otherwise harm any other person;
### 3. violate any right of a third party, including by infringing or misappropriating any third party intellectual property right;
### 4. interfere with security-related features of the Service;
### 5. interfere with the operation of the Service or any user’s enjoyment of the Service;
### 6. perform any fraudulent activity;
### 7. sell or otherwise transfer the access granted under these Terms or any Materials;
### 8. attempt to do any of the acts described in this Section 9.

## 10. Modification of these Terms.  
We reserve the right to change these Terms on a going-forward basis at any time.

## 11. Term, Termination and Modification of the Service

### 1. Term.  
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.

### 2. Termination.  
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate.

### 3. Effect of Termination.  
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service;

### 4. Modification of the Service.  
ServiceBell reserves the right to modify or discontinue the Service at any time.

## 12. Indemnity.  
To the fullest extent permitted by law, you are responsible for your use of the Service.

## 13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.

## 14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SERVICEBELL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

## 15. Dispute Resolution and Arbitration.
In the event of any controversy or claim arising out of or relating to these Terms, such controversy or claim shall be determined and settled by confidential arbitration.

## 16. Miscellaneous

### 1. General Terms.  
These Terms, together with the Privacy Policy and any other agreements are the entire understanding and agreement between you and ServiceBell regarding your use of the Service.

### 2. Governing Law.  
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles.

### 3. Privacy Policy.  
Please read the ServiceBell Privacy Policy carefully for more information relating to our collection, use, storage, disclosure of your personal information.

### 4. Additional Terms.  
Your use of the Service is subject to all additional terms applicable to the Service.

### 5. Consent to Electronic Communications.  
By using the Service, you consent to receiving certain electronic communications.

### 6. Contact Information.  
You may contact us by sending correspondence to 9 East Loockerman Street, Dover DE US, 19901 or by emailing us at support@getservicebell.com.

### 7. Notice to California Residents.  
If you are a California resident, under California Civil Code Section 1789.3.

### 8. No Support.  
We are under no obligation to provide support for the Service.

### 9. International Use.  
The Service is intended for visitors located within the United States.
