Pure Chat Terms of Service


Last Updated March 21st, 2018.

Refund Policy

For information on refunds, see our refund policy page.


Terms of Service

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN PURE CHAT, INC. (“Pure Chat” or “Us” or “We”) AND YOU (“You”) REGARDING THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE PURECHAT.COM ("Site"). PLEASE READ IT CAREFULLY. BY USING AND/OR PAYING FOR THE SERVICE(S) SET OUT HEREIN YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDES OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. THE SITE AND SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. BY USING THE SITE OR SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PURE CHAT. IF YOU USE THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER AND THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. WE ARE RELYING UPON YOUR REPRESENTATION THAT YOU MAY BIND YOUR EMPLOYER TO THE TERMS OF THIS AGREEMENT. IF YOU AND/OR YOUR EMPLOYER DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU ARE NOT AUTHORIZED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER, YOU MUST NOT USE THE SERVICE(S) OR MAKE ANY PAYMENT.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site or Services following the posting of changes to these Terms of Service means that you accept and agree to such changes. It is your responsibility to check these Terms of Service periodically for changes, as these changes are binding on you.

NOTICE REGARDING DISPUTE RESOLUTION: These Terms of Service contain provisions that govern the resolution of claims between you and Pure Chat. They also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Unless you opt out, you will only be able to pursue claims against Pure Chat on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Definitions

In addition to the terms defined throughout this Agreement, the following definitions shall apply:

"Effective Date" means the date which You commence using the Services.

"Services" means any and all services provided to you through the website purechat.com (including the Pure Chat Live Chat Software, which includes live chat, visitor tracking and any other additional services that Pure Chat may add to such Pure Chat Live Chat Software in the future). There may be multiple service levels available within the Services including free Services and subscription based paid Services ("Purchased Services") that you may request from Pure Chat and that we may provide to You for free or for a fee, as the case may be.

"Subscription Fee" means the monthly fee payable by You in advance for the provision of the Purchased Services, and as may be modified by Pure Chat on notice to You from time to time.

"Subscription Period" means the period from the Effective Date until this Agreement is terminated in accordance with this Agreement.

2. Grant of Rights; Limitations and Restrictions

Subject to Your compliance with all the terms and conditions of this Agreement (including timely payment of all Subscription Fees), Pure Chat grants You a personal, non-exclusive, non-transferable, terminable license to access our Site and use the Services (the "License") from the Effective Date for the Subscription Period based upon the level of Services you have requested that we provide You.

Some of the Services provided are free while others shall only be provided in exchange for a monthly Subscription Fee. The monthly Subscription Fee payable by You to Us will vary depending upon the Services you request us to provide You. You may request and Pure Chat may agree to upgrade or downgrade the Services provided to You and the Subscription Fee payable will be amended accordingly.

Pure Chat shall use all reasonable efforts to ensure that access to the Services is available to You. You agree and understand that there will be times (planned and emergency) when the Services will not be available. Pure Chat shall make commercially reasonable efforts to notify You of planned downtime and unavailability of the Service. Notwithstanding such undertaking, Pure Chat shall not be liable for any Service unavailability which arises as a result of emergency downtime and Service unavailability.

You hereby agree not to use the Services for any use or purpose that is: (i) obscene, libelous, blasphemous, pornographic, defamatory, inciting hatred, terrorism or any similar offence; (ii) unlawful or misleading; (iii) for any use that breaches the intellectual property rights of others including but not limited to third party copyrights, storing or sharing copyrighted music or other copyrighted material that has not been legally obtained; (iv) undertaken on behalf of anyone other than You; (v) in violation of any applicable local, state, national and foreign laws, treatises and regulations;

We may establish revised practices and policies concerning the use of the Services, including without limitation, the maximum number of chats sent through the Services, the maximum number of days that a transcript will be stored and the number of simultaneous connections a given user can have.

We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, including complying with court orders or lawful requests or demands to preserve or produce information pursuant to local, state or federal laws including requests made by governmental authorities pursuant to the Electronic Communication Transactional Records Act, 18 U. S. C. § 2701, et seq. Any information delivered by You or to You using the Services is subject to preservation and/or production by us upon such lawful requests.

Unauthorized use of the Services, and/or the resale of the Services without Pure Chat's prior written consent, is expressly prohibited.

If we become aware of possible violations of these Terms of Service, we may initiate an investigation that may include gathering information from You or anyone else involved and the examination of other material. We may suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion.

3. Privacy

We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the Site and Services, so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Site or Services you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by Pure Chat may be transferred to the United States and/or other countries for storage, processing and use by Pure Chat and its affiliates.

If you are a licensee of the Pure Chat Live Chat Software (a "Pure Chat Customer"), you agree that prior to implementing the Pure Chat Live Chat Software on your website, you shall ensure that your website privacy policy (a) fully discloses to users of your website (your customers) how you treat and use information collected through Pure Chat Software implemented on your website; (b) states that the live chat option on your website is provided through a third party vendor, Pure Chat, who collects, uses, stores, shares, discloses and protects Pure Chat Customer Visitors' information obtained by Pure Chat in connection with providing the live chat option on your website in accordance with the Pure Chat Privacy Policy; and (c) includes a link to the Pure Chat Privacy Policy.

4. Registration and Account Security.

To access the Site or Services, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Services that you (i) provide correct, current and complete information about yourself as prompted by the registration form for the Site or Services (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. You agree that all information you provide to register or otherwise, including without limitation through any interactive features of this Site or the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You further agree that Pure Chat may provide any and all notices, statements, and other communications to you through in-app notifications or via email to the email address provided in the Registration Data.

If you create, or are provided with, a user name, password or any other information as part of our security procedures, you agree to treat such information as confidential, and that you will not disclose such information to any other person or entity. You further agree that your account is personal to you and that you will not provide any other person access to this Site or the Services, or any portions of the same, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

5. Proprietary Rights

As between you and Pure Chat, Pure Chat has sole and exclusive ownership of all right, title, and interest in and to the Site and Services, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited right and license to use the Site and any Services, including any data obtained from your use of the Services and any software or hardware utilized in the provision of the Site and Services, as made available to You. It may not be construed to convey title to or ownership of these to You. All rights not expressly granted to You are reserved by Pure Chat. The Site and Services, including any data obtained from your use of the Services and any software or hardware utilized in the provision of the Site and Services, are protected by copyright, trademark, and other laws of the United States and foreign countries and organizations of countries (including but not limited to the European and the Commonwealth of Independent States). Except as expressly provided in this Agreement, You may not reproduce, modify, reverse engineer or prepare derivative works, distribute, sell, transfer, publicly display, transmit or otherwise use the Site or Services, including any data obtained from your use of the Services and any software or hardware utilized in the provision of the Site and Services.

Pure Chat, PureChat.com, PureChat, and any logos, trademarks, service marks, product names and trade names associated with Pure Chat or PureChat.com are owned by Pure Chat. You may not use any of our trademarks, service marks, product names or trade names without our express written consent.

6. Subscription Fees

When you register with Pure Chat and PureChat.com, and at any time thereafter, you can select what type of Services you require. In consideration for the provision of the Purchased Services, You shall pay Pure Chat the applicable Subscription Fee by automatic credit against the credit card You register with at the time You sign up for the Services. You represent and warrant that the credit card information that you provide to Pure Chat or its designated payment processing vendor with shall be valid and updated credit card information. If Pure Chat utilizes a third party payment processing vendor, then additional terms and conditions will apply to Your transactions with such vendor. You agree, understand and confirm that the payment information provided by You will be correct and accurate and you are using a form of payment that You are legally authorized to use for this purpose. You agree that You are liable for any payment or credit card fraud, abuse or unauthorized use by You or others.

Pure Chat shall collect the Subscription Fee from your credit card in advance. The Subscription Fee is exclusive of VAT, use or other sales or similar taxes which, if applicable to You, shall be payable by You at the then prevailing rate. In the event that the Subscription Fee, as appropriate, is not collected in accordance with the provisions herein, Pure Chat may deny You access to the Services without notice.

7. Subscription Period and Termination

This Agreement shall commence on the Effective Date and shall remain in effect for the Subscription Period unless terminated earlier by either party pursuant to this Agreement. Either Pure Chat or You may terminate this Agreement at any time, for the Site and/or any or all Services, for any reason or no reason. Upon termination of this Agreement; (a) the rights and licenses granted to You herein shall terminate as to the terminated rights; (b) You shall cease all use of the Site and Services that have been terminated; and (c) Pure Chat may at its own discretion remove and/or purge data, account and any other information obtained by Pure Chat in connection with providing you the Site and Services.

If You cancel the Services or otherwise terminate the Agreement, we may retain your Subscription Fees paid to Us by You pursuant to this Agreement. You shall not be entitled to a refund of any Subscription Fees paid to Us except as expressly set forth in our Refund Policy and this paragraph. If We terminate the Agreement, We will refund You, through a credit to your credit card, a prorated amount of any paid but unused Fees previously paid by You to Pure Chat for Services pursuant to this Agreement. The prorated amount refunded to you, upon termination by Us, will be calculated by dividing your monthly Subscription Fee at the time the Agreement and Services are terminated by the duration of the subscription and multiplying that amount by the number of days remaining in the billing cycle in which the Services were terminated by US.

8. Indemnification

You agree to indemnify, defend and hold harmless Pure Chat and its manager, officers, employees and agents from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or any other actions connected with your use of or your authorizing others to use the Site or Services. Your indemnification obligations include without limitation claims arising out of your failure to implement a privacy policy in accordance with these Terms of Service, as well as any claims arising out of acts or omissions by your employees or agents, and any other person or entity who gains access to Pure Chat's products, services or content through you either with your permission or as a result of your failure to use reasonable security measures.

9. Warranties and Liability Limitations

Pure Chat does not represent or warrant that: (i) the use of the Site or Services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Site or Services will meet your requirements or expectations, (iii) errors or defects will be corrected, (iv) the Site or Services or the server(s) that make the Services available are free of viruses or other harmful components. The Site and Services are provided to You strictly on an "AS IS" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

Your sole remedy with respect to any claims arising out of this Agreement shall be a claim for money damages limited to the lesser of: (i) the aggregate to the monies paid by You to Pure Chat under this Agreement during the twelve (12) month period preceding the event giving rise to such liability; or (ii) One Hundred US Dollars ($100).

In no event shall Pure Chat be liable for: (i) any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by You even if advised of the possibility of such damages; (ii) any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centers, server hosting companies and telecommunications companies; (iii) credit card fraud committed against You by any third party provider of credit card services.

10. Arbitration Agreement and Wavier of Class Action

Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:

a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and

b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.

You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to our registered agent, Osborn Maledon. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.

You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Pure Chat within 60 days of the earlier of your first use of the Site or Services or your registration with the Site or Services.

By using the Site or Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use (including the Privacy Policy incorporated herein by reference) and any dispute or claim of any sort that might arise between you and Pure Chat. The prevailing party in any judicial action to enforce this arbitration agreement shall be entitled to a judgment that includes all fees and costs incurred in such action.

11. General

You agree that because of the unique nature of the Services and Pure Chat's proprietary rights therein, a demonstrated breach of this Agreement by You would irreparably harm Pure Chat and monetary damages would be inadequate compensation. Therefore, You agree that Pure Chat shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement. The prevailing party to any such request for preliminary or permanent injunctive relief shall be entitled to an award of its reasonable attorneys’ fees.

If any provision of this Agreement is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.

Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof. No purchase order and/or standard terms of purchase provided by You shall supersede this Agreement.

Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Pure Chat and such third parties shall not be entitled to enforce any term of this Agreement against Pure Chat.

We may assign our rights and delegate our duties under these Terms of Service either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Service to anyone else without our prior written consent.

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

If You have any questions regarding this Agreement or if You wish to discuss the terms and conditions contained herein please contact us by emailing us at support@purechat.com.