Terms of Service
This tawk.to Terms of Services is a legal agreement among you on the one hand, and tawk.to inc. on the other hand. The following Terms of Service govern your use of the tawk.to website and all of the products and services offered by tawk.to inc.
If you do not agree to these Terms of Service, you are not authorized to access or use the tawk.to web site or the services provided here. By using the tawk.to web site or the services provided thereon, you agree to be, and are, bound by these Terms of Service, as well as any additional terms, specific to the particular services for which you register. These Terms of Service may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of the tawk.to web site and services after any such update signifies your acceptance of such modified Terms of Service.
By using this Web Site, you signify you have read and accepted the Terms of Service of this Web Site and services. If you do not agree to these Conditions, do not use the Web Site.
The tawk.to service that allows website owners to monitor and chat with visitors on their website is maintained by tawk.to inc. trading as tawk.to.
1. Any illegal use of the service is strictly prohibited, in the form of messages containing any racist or discriminatory content and any such usage may be considered as harassment to an individual or an organization.
2. You are responsible for the privacy and storage of your username and password.
3. You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you.
4. You accept responsibility for your message content, in accordance with generally applicable laws. tawk.to does not assume any liability for content of messages sent. You exempt tawk.to from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. tawk.to reserves the right to exclude you from using this service.
5. You acknowledge that tawk.to delivers the service via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of messages within the technical constraints imposed by the above mentioned providers.
6. tawk.to messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the message to the recipient successfully.
7. tawk.to neither claims nor guarantees either availability or performance of this service. While tawk.to makes every effort to deliver the message promptly, tawk.to accepts no liability for transmission delays or message failures.
8. In accordance with legal requirements, usage data is recorded for the necessary purposes of maintaining the messaging service.
9. You use the service entirely at your own risk.
(a) you are established in the European Economic Area (EEA);
(b) you provide goods or services to customers in the EEA; or
(c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, tawk.to’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
11. You guarantee that the content of any message is always respecting and not in any way in conflict with the fundamental human rights recognized in any national legislation applicable to our business and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin.
12. You agree to defend, indemnify, and hold harmless tawk.to, their officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the tawk.to website and services, your violation of these Terms of Service, or your violation of any laws, regulations, or third-party rights.
13. If you do not agree with our Terms of Service or if you are not satisfied with our web site or any of the tawk.to services, your sole remedy is to discontinue your use of the web site and services.
TAWK.TO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE TAWK.TO WEB SITE OR SERVICES, THE TAWK.TO SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE TAWK.TO WEB SITES OR SERVICES OR THROUGH THE TAWK.TO WEB SITES AND SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAWK.TO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TAWK.TO’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH TERRITORIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE TAWK.TO WEB SITES AND SERVICES. Without limiting the foregoing, tawk.to is not responsible for any of your data residing on their hardware. You are responsible for backing-up your data and information that may reside on tawk.to’s hardware, whether or not such information is produced through the use of the tawk.to web site or services.
14. tawk.to reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the tawk.to web site and/or services at any time in its sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms of Service. tawk.to will not be liable to you or any third party as a result of such modification or discontinuation of the tawk.to web site or services. The provisions of these Terms of Service will survive any termination of the tawk.to web site or services provided pursuant to these Terms of Service. You agree that from time to time the tawk.to web site and/or services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability.
16. You agree that the tawk.to Service & Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Agreement, tawk.to grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service in accordance with these Terms during the term of this Agreement.
17. No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade or cancel your service plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and tawk.to does not accept any liability for such loss.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
You agree not to do any of the following:
- Sell or resell the services we provide,
- Copy the source code of the Service or its content,
- Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, or the Site,
- Harass, threaten, embarrass or cause distress or discomfort to any End User, or any other individual or entity,
- Access the Service by any means other than through the interfaces that are provided by tawk.to for use in accessing the Service,
- Impersonate any other person or entity, including without limitation any tawk.to official, or misrepresent your affiliation with any other person or entity, or
- Send unsolicited bulk e-mail (spam) with a link to the Service (including button code or monitor tag) or the Site, or a link to a web site that contains a link to the Service or the Site.
- Modify or alter the tawk.to widget out of the scope of the customization options available in the tawk.to dashboard.
- Remove or alter tawk.to logo and branding from the widgets or tawk.to pages in any way.
tawk.to Partner Programme terms and conditions
Please read the terms of the partner agreement below carefully. By registering yourself as a partner, you accept the terms and conditions of the partner agreement.
This Partner Agreement (the “Agreement”) is an agreement by and between tawk.to inc., with an address of 187 East Warm Springs Rd, SB298 Las Vegas, Nevada, USA 89119 ( “tawk.to”) and you or the entity that you represent (‘you’, ‘You’ or ‘tawk.to partner’), and takes effect upon your submission to become a tawk.to partner (the “Effective Date”) Purpose.
tawk.to is a provider of live chat software that can be used either through a website browser or a downloadable app, that allows businesses to communicate with their customers. Partner is in a position to promote, market, and advertise tawk.to, to potential customers (“referrals”) who may become customers of tawk.to
- Referral Arrangement. Upon the Effective Date of this Agreement, Partner may from time to time, refer potential clients/customers to tawk.to. tawk.to will pay Partner a fee for these referrals.
- Compensation. tawk.to shall pay Partner a commission based on their partner tier membership, for each successful referral, where a successful referral is defined as a referral that becomes a paying client/customer of tawk.to. tawk.to shall pay Partner via Paypal, within 15 days of the end of each calendar month after a successful referral.
- Termination. The term of this Agreement commences once you register on the tawk.to website as a PARTNER and lasts until terminated by either Party. Upon termination, tawk.to shall pay Partner all compensation due and owing for referrals made prior to the date of termination, but not yet paid.
- Partner Termination. tawk.to reserves the right to immediately terminate the Partner from the program in the event that Partner acts in an unlawful manner, or conducts business in a manner that is negative to tawk.to or to the Partner Program.
- Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
- Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
- Limitation of Liability. Under no circumstance shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, which are not related to or the direct result of a party’s negligence or breach.
- Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
- Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the laws of the United States of America and the state of Nevada. Any disputes arising hereunder shall be governed by the laws of the State of Nevada.
- Modification of Agreement. tawk.to may modify this Agreement from time to time at its reasonable discretion by posting a change on the site at https://www.tawk.to/partner-program/ or notifying Partner via email. If Partner objects to any such change, Partner may terminate this Agreement for cause. Partner’s continued participation in the Program following receipt of notice about changes to this Agreement shall constitute binding acceptance of this Agreement as amended.