Principles

We created the LivePerson expert network application program interface to allow third-party sites to enrich their communities, within any category (from gardening to programming). Our vision is that when a site needs a way to provide expert advice to users above and beyond the plethora of free information available, they chose the LivePerson expert platform. Sites should feel free to feature their own community experts on their pages and encourage their community to earn money by helping people with what they know.

API Agreement

You may use the LivePerson application program interface in connection with a website or software application ("Client Application") owned by you only in accordance with the terms and conditions of this agreement and the LivePerson Terms of Service (currently located at https://www.liveperson.com/help/help-popup.aspx?ID=552&Type=1), as each may be updated from time to time in LivePerson's sole discretion. By using the LivePerson API after the changes become effective, you (“Licensee”) agree to be bound by such changes.

1. GRANT OF LICENSE - Subject to Licensee's full compliance with all of the terms and conditions of this API Agreement ("Agreement"), LivePerson, Inc. ("LivePerson") grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to download and use the LivePerson application program interface and other materials provided by LivePerson (collectively, the "API") solely in connection with the Client Application. This license grant extends only to the API made available for LivePerson's expert network and consumer platform, and does not extend to any other API that LivePerson may provide to customers of its business solutions products. Licensee may not install or use the API for any other purpose without LivePerson's prior written consent.

2. RESTRICTIONS - Licensee agrees that it shall not:

  • rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, or decompile, modify or alter (except to the limited extent expressly authorized under this Agreement, or by applicable statutory law), any part of the API;
  • use the API on behalf of any third party or any website other than the Client Application;
  • use the API in connection with or to promote any material that is, in LivePerson's sole discretion, unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable;
  • interfere with, disrupt, or attempt to gain unauthorized access to LivePerson.com site or servers or networks connected to the site;
  • transmit "junk mail", spam, or any unsolicited mass distribution of e-mail or bulletin board postings;
  • disobey any applicable instructions conveyed by LivePerson or its officers;
  • violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
  • upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, including, without limitation, copyrights or other intellectual property rights; (b) software viruses, Trojan horses, worms or any other malicious application or (c) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
  • impersonate any person or entity, or make any false statement or misrepresentation regarding the API, your usage of the API, or a LivePerson expert;
  • collect or modify any LivePerson user or expert account information;
  • store copies of the LivePerson API.

3. NOTICE TO USERS - Licensee shall include in its privacy policy all notices and disclosures to the users of the Client Application as may be required by applicable law.

4. REQUESTS - LivePerson expressly reserves the right to limit the number and/or frequency of API requests in its sole discretion. You shall not attempt to circumvent any request restrictions.

5. SUPPORT - This Agreement does not entitle Licensee to any support, patches, upgrades, new releases or performance guarantees for the API.

6. INTELLECTUAL PROPERTY - LivePerson is the sole owner of all the intellectual property in the API, including, without limitation, the copyright, trade marks, database and patents, and any software, application, graphics, text and other materials used in the API, the organization of the materials contained therein, and any modifications, enhancements and derivatives thereof. No rights or licenses are granted except as expressly set forth herein. This Agreement does not include any right for Licensee to use any trademark, service mark, trade name or any other mark of LivePerson or any other party or licensor except as expressly set forth herein. In the event LivePerson notifies Licensee of any incorrect usage of the API, Licensee shall promptly correct such usage.

7. MODIFICATION AND TERMINATION - LivePerson reserves the right to modify or discontinue, temporarily or permanently, the API or Licensee's use thereof, with or without notice to Licensee. Licensee agrees that LivePerson shall not be liable to Licensee or any third party for any modification to or discontinuance of the API, or for any losses or damages that may result to Licensee or the Client Application from such modification or discontinuance. LivePerson may change this Agreement by posting modifications on the LivePerson Site. Unless otherwise specified by LivePerson, all modifications shall be effective upon posting. Therefore, Licensee is encouraged to check the terms of this Agreement frequently. By using the API after the changes become effective, Licensee agrees to be bound by such changes to the Agreement. If Licensee does not agree to the changes, Licensee may terminate use of the API.

Licensee may terminate this Agreement at any time by sending a written notice to LivePerson, which may be in the form of an email to consumer-api@liveperson.com. Notwithstanding termination, all obligations of Licensee under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.

Licensee shall immediately cease all usage of the API upon any termination of this Agreement, and shall expunge any proprietary LivePerson materials (including, without limitation, the API and any portion thereof) saved on Licensee's systems.

8. INDEMNIFICATION - Licensee will indemnify, defend and hold harmless LivePerson, and its employees, representatives, agents and subsidiaries against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against LivePerson or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from, directly or indirectly: (a) any breach of any representation, warranty, restriction, covenant or agreement to be performed by Licensee according to this Agreement, or (b) the Client Application, or the use thereof. Licensee represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the Client Application, including, without limitation, professional liability insurance applicable to the legal and medical professions.

9. ASSIGNMENT - Licensee shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of LivePerson. Any purported transfer, assignment or delegation by Licensee without the appropriate prior written approval will be null and void and of no force or effect.

10. DISCLAIMER - NEITHER LIVEPERSON NOR ITS SUPPLIERS MAKE ANY WARRANTIES HEREUNDER. THE API IS PROVIDED STRICTLY “AS IS,”. LIVEPERSON HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS, ANY AND ALL WARRANTIES RELATED TO THIS AGREEMENT OR THE API, WHETHER EXPRESS, IMPLIED OR ARISING FROM COURSE OF DEALING, USAGE OF TRADE, STATUTE OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LIVEPERSON NOR ITS SUPPLIERS WARRANT THAT THE OPERATION OF THE API WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.

11. LIMITATION OF LIABILITY - IN NO EVENT SHALL LIVEPERSON BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE API, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS. LIVEPERSON SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES. IN NO EVENT SHALL LIVEPERSON BE LIABLE FOR ANY CAUSE OR CLAIM WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR API. THE FOREGOING DISCLAIMERS AND EXCLUSIONS WILL APPLY (A) REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE; AND (B) NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

12. MISCELLANEOUS - Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of New York, N.Y. Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the API must be filed within one (1) year after such claim or cause of action arose or be forever barred. Each party waives its right to a trial by jury. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement constitutes the entire agreement between LivePerson and Licensee with respect to the subject matter hereof, and Licensee has not relied upon any promises or representations by LivePerson with respect to the subject matter except as set forth herein.

No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

13. International Use - LivePerson makes no claim that the API is appropriate or may be downloaded outside the United States. If Licensee accesses the API from a location outside the United States, Licensee does so at Licensee's own risk and is responsible for compliance with the laws of Licensee's jurisdiction regarding online conduct and acceptable content. Further, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.