啪啪啪综合网Last updated: 6/15/20 11:28:00 AM啪啪啪综合网
Tidio LLC (with its registered office in 180 Steuart St,CA 94119, San Francisco), a California corporation together with its directly and indirectly wholly owned affiliates i.e.:
- Tidio Ltd with its registered office at 220C Blythe Road, W14 0HH, London and
- Tidio Poland Sp. z o.o. with its registered office at Wojska Polskiego 81, 70-481, Szczecin, POLAND.
(collectively “Tidio Group”, “Tidio”,”us”, “we”, or “our”) operate the www.tidio.com website (the “Services”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions (the “Terms.”) These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
啪啪啪综合网NO ACCESS TO EMERGENCY SERVICES: There are important differences between Tidio and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.啪啪啪综合网
啪啪啪综合网IF YOU ARE A TIDIO USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, TIDIO AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.啪啪啪综合网
啪啪啪综合网Identity Verification. 啪啪啪综合网By registering for our Services, you agree and acknowledge that we may verify any personal data you provide to us or otherwise verify your identity. This may include verifying your name and identity by providing to us a copy of a government-issued identification and/or verifying your email address or telephone number. Should we discover any personal data you provide to us is materially incorrect or should we be unable to verify your identity, we may terminate your account and otherwise prevent you from using the Services.
啪啪啪综合网Keeping Your Account Secure.啪啪啪综合网 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
啪啪啪综合网Business Use Only. 啪啪啪综合网Tidio Services are exclusively designated for business use and must be used only in accordance with their purpose, application, and their general characteristics.
啪啪啪综合网Reservation of Rights. 啪啪啪综合网Tidio reserves the right to access your Account for technical purposes and to address occuring service issues. We shall also have the right to monitor your account in our sole and exclusive discretion.
啪啪啪综合网Suspending Your Tidio Account. 啪啪啪综合网You may unsubscribe your Tidio account at any time (including if you want to revoke your consent to our use of your information) using our in-app unsubscribe my account feature. When you unsubscribe your Tidio account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Service. Be mindful that if you only unsubscribe our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period (but only up to 6 months). Please remember that when you unsubscribe your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
You may suspend your Tidio account at any time. Please remember that when you suspend your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them and all data will be restored when you decide to come back.
We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
Tidio Poland sp. z o.o.
al. Wojska Polskiego 81
Email: [email protected]
Counter-Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Email your counter notice to our DMCA Agent:
Tidio Poland sp. z o.o.
al. Wojska Polskiego 81
Email: [email protected]
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Our Business Address:
Tidio Poland sp. z o.o.
al. Wojska Polskiego 81
Tidio Live Chat
Tidio Live Chat – Communicator
Tidio Live Chat – Chatbots
Tidio Live Chat – Mailing
THE TIDIO PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DATA LOSS, DAMAGE OR COMPUTER CRASH, THE COSTS OF SUBSTITUTE EQUIPMENT AND SOFTWARE, SHUT-DOWN, COMPANY REPUTATION INFRINGEMENT, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, EVEN IF THE TIDIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE TIDIO PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall Tidio nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Except your avatar’s photo, you retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, trade secret, contract rights or any other rights of any person, (iii) the Content does not constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law, (iv) the Content does not disclose private information of any third party, including, without limitation, surname, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers, (v) the Content does not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, (vi) the Content will not contain viruses, corrupted data or other harmful, disruptive or destructive files, (vii) you will not post Content or links to content that, in the sole judgment of Tidio is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or which may expose Tidio or its users to any harm or liability of any type.
Our Service may contain links to other websites, apps, content, products, and services operated by unrelated companies and persons (“Third-Party Website”). These links are provided for your information only. The inclusion on the Service of any link to a Third-Party Website does not mean that we accept any responsibility for that Third-Party Website, its content or use, or the use of any features, products and/or services made available through that Third-Party Website.
We have no control over Third-Party Websites or any information or materials contained on them and have not investigated, monitored, or checked any Third-Party Websites for accuracy, completeness or conformance with applicable laws and regulations. We are not responsible for any damages or caused as a result of your use of, or reliance on, Third-Party Websites or any information or materials contained on them. You access and use Third-Party Websites at your own risk.
啪啪啪综合网Governing Law. 啪啪啪综合网If you are a Tidio user located in the United States or Canada, these Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California, and any cause of action that relates to or arises from these Terms or the Services must be filed therein unless subject to the binding mediation and arbitration provisions set forth in the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely.
If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively under jurisdiction of England and Wales, without regard to its conflict of law provisions and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You will be notified about changes in Terms and encouraged to review new conditions.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
啪啪啪综合网PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A TIDIO USER LOCATED IN THE UNITED STATES OR CANADA, TIDIO REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.啪啪啪综合网
“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
啪啪啪综合网Federal Arbitration Act.啪啪啪综合网 The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Tidio LLC and you is subject to arbitration.
啪啪啪综合网Agreement to Arbitrate for Tidio Users Located in the United States or Canada.啪啪啪综合网 For Tidio users located in the United States or Canada, Tidio and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Tidio and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Tidio and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org . The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
啪啪啪综合网Opt-Out Procedure.啪啪啪综合网 You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
180 Steuart Street
San Francisco, California 94119
United States of America
You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
啪啪啪综合网Small Claims Court.啪啪啪综合网 As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
啪啪啪综合网Time Limit to Start Arbitration.啪啪啪综合网 We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
啪啪啪综合网No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada.啪啪啪综合网 We and you each agree that if you are a Tidio user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
啪啪啪综合网Severability.啪啪啪综合网 If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
啪啪啪综合网Place to File Permitted Court Actions.啪啪啪综合网 If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.
If you have any questions about these Terms, please contact us at [email protected]