Terms of service

Relase: 11. Mai 2014

1) General

1. Henceforth, Visitlead will be substituded through “VL”, “the service”, “the application” or “us” in the following terms and condition.
2. All software, used by users in accordance with its application and purpose defined in these terms and conditions, available on our website and provided by VL shall be deemed as service or product.
3. VL is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements or functions.

2) Terms and conditions acceptance

1. VL offers its services via the following Internet website https://visitlead.com on principles set out in this terms and conditions document.
2. By accepting these terms and conditions, the user confirms to have read, understood and accepted its contents. This is a condition to use products and services provided by VL.
3. VL reserves the right to modify the provisions of these terms and conditions without each time notifying the user of the implemented modifications. The user may at any time familiarize himself with the currently effective privacy policy version on our Internet website.
4. Further use of products and rendered services after additional modifications in the terms and conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the user from using the offered products and services.
5. In case of doubt or in case of deviations of the english terms of service, the German terms of services apply.

3) Access and the use of services

1. The user has to be in an age of legally responsibility to be able to register and to access his or her VL account.
2. The user bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
3. The user is aware of risk and threats connected with electronic data transmission.
4. VL reserves the right to access individual users’ accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
5. Each license has a limit of 40000 visitors/month.

4) User restrictions

1. All services, products and contents offered by VL are its exclusive property and are covered by an act on copyright and neighboring rights. It is not permitted to use this contents without VL concent outside the application or website.
2. One account’s tracking code can be integrated into any number of websites that are assigned to the account holder or are part of the legal entity of the account holder. The integration and usage on other companies’ websites or individuals is not permitted.
3. Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without VL’s consent is prohibited.
4. It is further prohibited to:
• Copy any source code of the Service or its content.
• Reverse engineering or makeing any attempt to discover the source code of the Service, unminify, decompile, alter, duplicate, or make copies of the the Service, or the VL website
• Use the service on sites that contain illegal contents or contents that might cause a negative impact on VL. Contents are for example (but not limited to) racist, pornographic, politically incorrectness, …
• Act on behalf of VL or use any of VLs contents without exclusive permission.

5) Payments

1. The use of offered services available on https://visitlead.com is free of charge for the first 14 days.
2. After that period if the user wishes to continue using our services he will be requested to make a payment according to currently effective price list.
3. All payments shall be non-cash transactions, conducted electronically by external professional entities.
4. VL reserves the right to change the prices of the offered products and services without announcing it. The current prices are always available on the VL Website.
5. Regardless of the billing cycle, we provide no refunds or credits for unused time of the service or plan downgrades if you decide to close your account before the end of your subscription period.
6. If the VL code snipped from an expired trial version or from an unpaid full version is still embedded on a site, the functionallity of the service will be deactivated, but the chat header will still be displayed.

6) Account closing

1. The user may close his account at any time. After termination of the contract the account is still fully accessible for the already paid period.
2. VL reserves the right to close user’s account immediately due to gross infringement of the regulations of these terms and conditions or in the event of illegal use of the offered services.
3. VL shall not be liable for damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault.

7) Guarantee and limited liability

1. VL guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
2. VL does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.
3. VL stipulates that opinions given by users do not reflect in any possible manner its views and opinions. VL does not monitor or control users’ opinions on a continual basis; if, however, any opinions in breach with these terms and conditions should be revealed efforts shall be immediately made to remove them as soon as possible.
4. VL shall bear no liability in particular for:
• All negative consequences being the result of force majeure,
• Phrases and entries added to the network in connection with the use of offered services and products,
• Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products,
• Disturbances in accessibility of offered products and services not caused by VL,
• Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,
• Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
• Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.

8) Final provisions

1. All disputes arising in connection with these terms and conditions shall be primarily resolved amicably. All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of VL´s office in Offenhausen, Austria.
2. The regulations of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these terms and conditions.
3. The invalidity or unenforceability of any regulations of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
4. If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, it shall in that case be interpreted or replaced by legal provisions under Austrian law in a manner which ensures that the legal and economic purposes intended with the invalid provisions are achieved to the greatest extent possible. Analogously, the same shall apply to loopholes in need of supplementation. Furthermore, it shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
5. Visitlead may use anonymized versions of all created widgets and exit intents.