Terms of Service.

Acceptance

By using this website, you signify that you have read and accepted the Terms of Service of this website and services. If you do not agree to these conditions, do not use the website.

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.

Use of the Service

1. Any illegal use of the service is strictly prohibited, including messages containing racist or discriminatory content, which may be considered harassment to an individual or organization.
2. You are responsible for the privacy and storage of your username and password.
3. All activities that can be traced to your username and password are deemed to have been performed by you and are legally binding to you.
4. You accept responsibility for your message content. tawk.to does not assume any liability for the content of messages sent. You are 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 and mobile network providers and can therefore only influence delivery within the technical constraints imposed by those providers.
6. Messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided the recipient's phone is switched on and located in an area covered by their subscribed network.
7. tawk.to neither claims nor guarantees the availability or performance of this service. While we make every effort to deliver messages promptly, we accept 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.

Privacy and Data Protection

You guarantee every end user the right to object to your processing of personal data relating to that end user for the purposes of direct marketing. By using tawk.to, you acknowledge and agree that our collection, usage and disclosure of personal information is governed by our Privacy Policy.

If you are established in the European Economic Area (EEA), provide goods or services to customers in the EEA, or are otherwise subject to the EU General Data Protection Regulation, our collection and use of personal information of European residents is also subject to our Data Processing Addendum.

Human Rights

You guarantee that the content of any message respects, and is not in conflict with, 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 — including the right to privacy and the prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin.

Indemnification

You agree to defend, indemnify, and hold harmless tawk.to, its officers, directors, employees, agents, and partners from and against any third-party claims, actions, demands, liabilities, expenses, and costs (including reasonable legal and accounting fees) arising from or related to your use of the website and services, your violation of these Terms, or your violation of any laws, regulations, or third-party rights.

Sole Remedy

If you do not agree with our Terms of Service, or if you are not satisfied with our website or any of the tawk.to services, your sole remedy is to discontinue your use of the website and services.

Limitation of Liability

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 websites and services.

Without limiting the foregoing, tawk.to is not responsible for any of your data residing on our hardware. You are responsible for backing up your data and information that may reside on tawk.to's hardware.

Modifications to the Service

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 website and/or services at any time in its sole discretion, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms.

The provisions of these Terms of Service will survive any termination of the website or services. From time to time the website and/or services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability.

Intellectual Property & Licence

You acknowledge that tawk.to is the sole owner of the Service, including all applicable copyrights, patents, trademarks, trade secrets, database rights, treaties, and all other intellectual property rights. No title to the intellectual property in the Service transfers to you as a result of your use. Title and full ownership rights to the Service remain the exclusive property of tawk.to.

Subject to the terms of this Agreement, tawk.to grants 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.

Billing & Refunds

No refunds or credits for Subscription Charges or other fees or payments will be provided 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 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.

Prohibited Conduct

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, disassemble, modify, decompile, alter, duplicate, or make copies of the Service or the Site (or attempt to discover its source code).
• Harass, threaten, embarrass, or cause distress or discomfort to any End User, individual, or entity.
• Access the Service by any means other than the interfaces tawk.to provides for accessing the Service.
• Impersonate any other person or entity, including any tawk.to official, or misrepresent your affiliation with another person or entity.
• Send unsolicited bulk email (spam) with a link to the Service or Site, or to any web site that contains a link to the Service or Site.
• Modify or alter the tawk.to widget outside the scope of 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.

Partner Programme

By registering as a partner, you accept the terms and conditions of the Partner Agreement. The Agreement is between tawk.to inc. (187 East Warm Springs Rd, SB298, Las Vegas, Nevada, USA 89119) and you or the entity you represent.

1. Referral arrangement

Upon the Effective Date of the Agreement, the Partner may from time to time refer potential clients/customers to tawk.to. tawk.to will pay the Partner a fee for these referrals.

2. Compensation

tawk.to pays Partners a commission based on their partner tier membership for each successful referral (a referral that becomes a paying client/customer). Payment is via PayPal within 15 days of the end of each calendar month after a successful referral.

3. Termination

The term of the Agreement commences once you register as a partner and lasts until terminated by either party. Upon termination, tawk.to pays the Partner all compensation due and owing for referrals made prior to the date of termination but not yet paid.

4. Partner termination

tawk.to reserves the right to immediately terminate a Partner from the program if the Partner acts unlawfully, or conducts business in a manner that is negative to tawk.to or the Partner Program.

5. Representations and warranties

Both parties represent that they are fully authorized to enter into this Agreement, and that performance will not violate or infringe upon the rights of any third party or any other agreement, law, or governmental regulation.

6. Indemnity

Each party agrees to indemnify and hold harmless the other against claims, losses, damages, liabilities, penalties, punitive damages, expenses, and reasonable legal fees that result from negligence or breach of this Agreement. This section survives any termination of the Agreement.

7. Limitation of liability

Under no circumstance shall either party be liable to the other or any third party for damages such as loss of revenue or anticipated profit, lost business, or costs of delay or failure of delivery, that are not the direct result of negligence or breach.

8. Waiver

The failure by either party to exercise any right, power, or privilege under these Terms will not be construed as a waiver of any subsequent or further exercise of that right.

9. Governing law

This Agreement is governed by the laws of the United States of America and the State of Nevada. Any disputes arising hereunder will be governed by Nevada law.

10. Modification of Agreement

tawk.to may modify this Agreement from time to time at its reasonable discretion by posting changes at https://www.tawk.to/partner-program/ or notifying Partner via email. If you object, you may terminate this Agreement for cause. Continued participation following notice of changes constitutes binding acceptance of the amended Agreement.