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Additional Product and Third Party Application Terms

Section A

What are these terms? These additional product and third party application terms (“Additional Terms”) apply to the products and/or services listed herein. Section A: LivePerson Products and Services contains terms applicable to the listed LivePerson products and/or services; Section B: Third Party Products and Services contains terms applicable to the listed third party products and/or services. In the event of any conflict between these Additional Terms and the terms of an ordering document or agreement between Company and LivePerson (or a LivePerson partner as applicable), these Additional Terms will prevail.

When do these terms apply? It is Company’s sole decision to use any of these products and/or services. If Company uses a particular product and/or service, the terms for such product and/or service apply and are incorporated by reference into Company’s ordering document; if Company does not use a particular product and/or service, the terms for such product and/or service do not apply. These Additional Terms may be updated from time to time.

Who is entering into these terms? As used in these Additional Terms, “Company” means the entity entering into an ordering document or agreement with LivePerson (or with a LivePerson partner as applicable), for the purchase of products and/or services.

Section A: LivePerson Products and Services

All LivePerson Services

All LivePerson Services, including the products listed in this Section A, may use public cloud environments provided by Amazon Web Services, Microsoft Azure, Google Cloud Platform and additional providers that meet or exceed LivePerson’s security and privacy requirements, who will store and process Company data only in the applicable region that aligns to the Company’s location and for the purposes set out on LivePerson’s subprocessors website found at https://www.liveperson.com/policies/subprocessors/.

Analytics Studio (fka Conversation Insights)

Analytics Studio is a subscription based research product used to analyze and visualize the correlation between Conversation Transcripts and key performance indicators. “Conversation Transcripts” includes transcripts of text and/or voice conversations, as applicable, and associated conversation metadata. The analysis and information provided by LivePerson is not a substitute for Company’s independent evaluation and analysis, and should not be considered a recommendation to pursue any course of action. Conversations, including text conversations and audio files, may be transcribed and de-encrypted to perform required analysis. Conversation Transcripts may be stored up to thirteen (13) months (or less time as configured and mutually agreed). LivePerson may use Amazon Web Services (AWS) to host Analytics Studio and store Conversation Transcripts and associated data.

API Calls

LivePerson monitors API call volume to ensure excessive volume does not cause degradation to the Conversational Cloud. If LivePerson detects excessive API call volume, LivePerson will notify Company and Company will work with LivePerson in good faith. Company will not incur additional fees or penalties for such excessive API call volume.

Connect to Messaging (fka LiveDeflect)

LivePerson will provide commercially reasonable technical support to Company in connection with the integration that Company will build between LivePerson’s services and Company’s IVR system. Company grants LivePerson a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use Company’s IVR system via Company APIs in order to send, receive and use data in connection with the service.

Early Adopter

  1. General. From time to time, LivePerson may offer “early release”, “early access”, “early adopter”, “pilot”, “beta”, or similarly designated services (“Early Adopter Service” or “EA Service”), subject to these Early Adopter Terms. 
  2. Applicable Terms. Company’s use of EA Services consumes engagement credits per Company’s ordering document or agreement with LivePerson (or with a LivePerson partner as applicable). Company’s agreement with LivePerson will apply to the EA Service (including Company’s obligations regarding confidentiality, compliance with applicable law, and restrictions on use of the Services) provided that, for any EA Services: (a) no LivePerson commitments regarding support, security, or service level commitments will apply, (b) additional product terms set out in these Additional Terms may also apply, and (c) in the event of conflict between these Early Adopter Terms and Company’s agreement with LivePerson or any other terms set out in these Additional Terms, these Early Adopter terms will control. LivePerson may incorporate product feedback received from Company into the EA Service without further obligation to Company.
  3. Termination. LivePerson may at any time for convenience (a) modify or discontinue EA Services broadly and/or (b) terminate Company’s access specifically to one or more EA Services, provided LivePerson will use commercially reasonable efforts to provide thirty (30) prior notice. Upon termination or discontinuation, Company will cease all use of the applicable EA Service.
  4. Security & Support. While EA Services and related integrations have been tested and are believed to be bug free, and while LivePerson endeavors to comply with industry standard security standards in its provision of EA Services unless otherwise specified, because EA Services are early release they have not received the same level of testing as final public release products. As such, additional product updates, product support, security adjustments, bug fixes, enhancements, and development may be required, support may be limited, and response times may vary. Company will promptly install any product updates LivePerson provides.
  5. Third Party Tools. If EA Services operate or integrate with any third party tool (a) LivePerson may share messaging data with the third party provider for product interoperation; (b) the third party terms, such as Company’s agreement with the third party provider, govern the third party provider’s use and deletion of messaging data and its hosting, support, security and other commitments to Company related to the third party tool; (c) LivePerson is not liable for third party acts, omissions, services, applications, technology, policies or procedures including, without limitation, those related to the third party provider or its tool; and (d) the third party provider may modify or discontinue its tool at any time.
  6. Warranties. Company represents and warrants it will comply with applicable law in its use of EA Services, including any applicable consent and opt-in/opt-out requirements, obtaining prior, and maintaining valid, express consumer consent to send and receive messages via the EA Service, and ensuring it only sends messages during permitted hours in the end user’s local time. EACH EA SERVICE IS PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY REGARDING ITS USE, RESULTS OF USE OR BENEFITS; EACH PARTY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except to the extent prohibited by applicable law, LivePerson shall have no liability to Company for any losses or damages arising from any EA Service, whether or not advised of the possibility of such loss or damage and regardless of the form of action.

Generative AI Terms (aka LLM Features Terms)

To provide the large language model powered features (“LLM Features” or “Generative AI Features”), LivePerson may use public cloud environments, APIs, and data centers to process Company data, as provided by Amazon Web Services, Microsoft Azure and/or Google Cloud Platform, and additional providers that meet or exceed LivePerson’s security and privacy requirements. Company agrees that each provider is responsible for all matters related to its own services. Company will implement appropriate human oversight to minimize user exposure to hallucinations. Additional information about these features, including information about minimizing hallucinations, is available in our Knowledge Base here.

Intent Manager

Intent Manager is configured by default to use LivePerson’s Natural Language Understanding (NLU) in English. LivePerson may use Amazon Web Services (AWS) to host the technical configuration, which coordinates enablement status to Intent Analyzer application components hosted on the LivePerson Cloud. No consumer personal data will be stored or transmitted through AWS.

LivePerson Connector for Salesforce

LivePerson Connector for Salesforce (“LPC”) leverages LivePerson’s Affiliate, Callinizine, Inc. dba Tenfold’s (“Tenfold”) technology to embed messaging inside of Salesforce. Company’s agent personal data may be stored in Tenfold’s US Google Cloud Platform (GCP). No messaging data or consumer personal data will be stored or transmitted through GCP. Company agrees to all terms imposed by Salesforce on Company. LPC enables Company to use certain capabilities available in LivePerson’s Conversational Cloud within the Company’s Salesforce instance.

  1. “SF Company Data” means electronic data and information submitted by or for Company to Salesforce which are accessible to Company through LPC, excluding (a) publicly available content, (b) LivePerson’s Services and (c) other non-Salesforce applications and services. SF Company Data may be transmitted or processed outside of Salesforce’s system, and to that extent Salesforce is not responsible for the privacy, security or integrity of that data. LivePerson may modify, disclose and use SF Company Data for purposes of providing the Services, to address technical and support questions and issues, as permitted pursuant to the agreement between Company and LivePerson or otherwise at Company’s request. Salesforce has no obligation to retain any SF Company Data that is stored in custom fields made available to Company as part of LPC (“Custom Fields”) following the termination of Company’s relevant ordering document or agreement  with LivePerson (or with a LivePerson partner as applicable) or termination of the ordering document or agreement between LivePerson and Salesforce that is associated with such Company. Company may request a copy of its SF Company Data prior to such termination, in which case Salesforce will make the SF Company Data available to Company in a .csv format.
  2. LPC may include Salesforce’s ISVForce Services, which is code that facilitates interoperability and functionality between Salesforce and Conversational Cloud. LivePerson is not responsible or liable for any of Salesforce’s services including, but not limited to, ISVForce Services. Salesforce is not liable for LivePerson’s Services or LPC. ISVForce Services are provided AS-IS with all faults.
  3. Company’s access to Salesforce and LPC may be suspended or terminated due to a breach or expiration of Company’s agreement with Salesforce and/or Company’s agreement with LivePerson. Regardless of any suspension or termination, Company will remain liable for all fees owed for the LivePerson Connector for Salesforce for the duration of the relevant ordering document or agreement. In no case will any such suspension or termination give rise to any liability of Salesforce or LivePerson to the Company, including for a refund or damages.

LivePerson Functions

LivePerson recommends that Company review LivePerson’s detailed documentation in the LP KnowledgeBase for best practices on how to use LivePerson Functions. LivePerson does not troubleshoot custom functions created by Company; LivePerson Support will validate platform and feature functionality before escalating issues to the development group responsible for maintaining the Functions platform. If Company uses LivePerson Functions to connect to any third party service, the All Third Party Services terms in these Additional Terms will apply.  LivePerson Functions is intended to be used to customize how the Service functions, it is not intended to be used to store confidential, personal, or other categories of sensitive data, and Company will not store any such data in LivePerson Functions; if Company does, it does so at its own risk and LivePerson disclaims all liability.

Proactive Messaging

Proactive Messaging may be hosted outside of the Conversational Cloud in LivePerson’s Amazon Web Services (AWS) environment and interoperates with third party SMS provider solutions. Company is responsible for its messaging compliance, including compliance with all applicable laws, regulations and industry best practices (including those regarding data privacy and messaging consumers, such as obtaining prior, and maintaining valid, express consumer consent to send and receive messages, complying with opt-in/opt-out requests, not disclosing personally identifiable information, and only sending messages during permitted hours in the end user’s local time). Use of Proactive Messaging may incur additional fees as per Company’s ordering document or agreement with LivePerson (or with a LivePerson partner as applicable).

Routing AI agent

Routing AI agent is subject to the Early Adopter Terms and the Generative AI Terms (aka LLM Features Terms) each set out in these Additional Terms.

SocialConnect

LivePerson will store and transmit messaging data to each third party platform via a LivePerson service hosted in Amazon Web Services (AWS) to enable compliance with the data retention and deletion policies of third party social platform providers.

Tenfold

Company agrees to the Tenfold Minimum Terms and any additional policies or documents referenced or incorporated by reference therein and agrees that Tenfold can enforce the Tenfold Minimum Terms directly or through LivePerson.

Transporter

LivePerson may transmit data, metrics and reports in an unencrypted format (if elected by Company) to the contact center system or service specified by Company, and Company is solely responsible for verifying the target address and protocol of the system or service to which the information will be sent and for safeguarding all information upon delivery by LivePerson.

Voice bots

  1. Voice bots does not comply with the requirements of the Payment Card Industry Data Security Standards (PCI-DSS) or the U.S. Health Insurance Portability and Accountability Act (HIPAA); Company (and its employees, contractors, agents, and end users) will not use Voice bots to accept, process, store, or transmit credit card information or Protected Health Information, as defined under HIPAA. PCI-DSS and HIPAA compliance (or non-compliance) are entirely Company’s responsibility.
  2. Voice bots does not include E911 services and is not recommended to support or carry emergency calls to any emergency services, such as public safety answering points; LivePerson is not liable for any claim, damages, or loss arising from or relating to (i) Company’s (or Company’s employees, contractors, agents, and end users) inability or difficulty using Voice bots to make emergency calls or (ii) any test emergency calls made by Company (or Company’s employees, contractors, agents, or end users).
  3. Company is solely responsible for Company’s (and its employees, contractors, agents, and end users) use of Voice bots in compliance with all applicable laws in all jurisdictions, including, but not limited to telephone recording laws, wiretapping laws, and laws and regulations related to telemarketing, robocalling, unwanted phone calls, call spoofing, and spam, such as the Telephone Consumer Protection Act, Do Not Call Implementation Act, the Telemarketing Sales Rule, and CAN-SPAM Act and associated regulations. Company (or its employees, contractors, or agents) will obtain and maintain appropriate and valid consent before using Voice bots to contact any individual or end user.
  4. If Company uses call recording functionality, Company is solely responsible for obtaining the prior consent of any recorded party including the Company’s calling agent, and LivePerson is not liable for Company’s unlawful recording, including based on failure to provide notice or obtain consent. If Company uses call recording functionality offered by Voice bots, LivePerson may process and store such call recordings in LivePerson systems and third party service provider or subcontractor systems.
  5. Company agrees to release, defend, hold harmless, and indemnify LivePerson from and against any and all liabilities or third party claims arising from any act or omission by Company (or its employees, contractors, agents, or end users) relating to any of the above provisions.
  6. LivePerson is neither (a) a telecommunications provider, (b) a telecommunications carrier, nor (c) a reseller of any telecommunications services. LivePerson may use third party service providers and/or LivePerson subcontractors including Telnyx, LLC, Google Cloud Platform operated by Google, LLC, and Microsoft Azure to process and/or store Company data and/or consumer data to provide Voice bots.
  7. Voice functionality is subject to restrictions imposed by the telecommunications carrier, described at https://telnyx.com/acceptable-use-policy; Company agrees to comply with such restrictions and agrees that violation of such restrictions by Company (or its employees, contractors, agents, or end users) may result in restriction, suspension, or termination of Company’s access to the Service and is not subject to any liability cap in the agreement between LivePerson and Company.
  8. If Company elects to use LLM functionality in Voice bots, it will be subject to the Generative AI Terms (aka LLM Features Terms) set out in these Additional Terms.

VoiceBase

Company agrees to the VoiceBase Minimum Terms and any additional policies or documents referenced or incorporated by reference therein and agrees that VoiceBase can enforce the VoiceBase Minimum Terms directly or through LivePerson.

Web Messaging Voice & Video Calls

Company is responsible for managing consumer consent to use Web Messaging Voice and Video Calls prior to initiating a conversation; LivePerson will not store video sessions, so they will not be retrievable once a conversation ends. Company agents should use the same level of discretion as they would in a text-based conversation in terms of any content, personal or other information that consumers do not wish to share with agents.

Section B: Third Party Products and Services

All Third Party Services

By enabling and/or using a LivePerson product or tool that integrates or interoperates with a product or service provided by Company and/or a third party, referred to as a Third Party Offering, third party service, or equivalent term referenced in Company’s agreement with LivePerson, Company agrees that LivePerson will share messaging data with the Third Party Offering provider for product interoperation; Company’s messages with consumers via the Third Party Offering will consume engagement credits as per Company’s ordering document or agreement with LivePerson (or with a LivePerson partner as applicable); and the Third Party Offering provider is solely responsible for its acts, omissions, services, applications, technology and deletion of any messaging data it stores.

Apple Business Chat

Company agrees to the Apple Business Register Terms of Use and any additional policies or documents referenced or incorporated by reference therein, including Apple’s Business Chat Policies and Best Practices (“Apple TOU”), and agrees that Apple can enforce the Apple TOU directly or through LivePerson. Apple considers Apple Business Chat as beta.

Apple Pay

Sample code made available by LivePerson is provided for informational purposes only and any use is at Company’s risk. LivePerson makes no representation or warranty regarding its accuracy, reliability or use and makes no commitment that it will be free of inaccuracies, errors, bugs or interruptions. LivePerson will not be liable for any claims, damages or liability related to the sample code or Company’s use of it. Company is responsible for securely hosting and maintaining the sample code or any modifications.

Bring Your Own LLM

If Company connects LivePerson’s Service to Company’s or another third parties’ large language model (“Model”), including via LivePerson’s “Bring Your Own LLM” functionality, such Model is not a part of the LivePerson Service, and is considered to be a Third Party Offering or equivalent term referenced in Company’s existing agreement with LivePerson. With respect to such Model, Company or the applicable third party provider will be and remain solely responsible and liable for such Model, including all security and privacy practices and AI model safety applicable to data transferred to or used with such Model. Company authorizes LivePerson to transfer data including PII to the Model for product interoperation and agrees that usage of the Model may incur engagement credits as per Company’s existing ordering document with LivePerson or a LivePerson partner, as applicable. Company’s election to change AI models (including from a LivePerson provided model to a “bring your own” version of the same model) may result in changes to model behavior and may require Company to make prompt modifications for continued interoperability and viability, including updates to its model prompts.

Google AdLingo Conversational Web Ads

Company authorizes LivePerson to buy AdLingo inventory from DoubleClick, a division of Google LLC (“DoubleClick”) for the AdLingo pilot. Company agrees to the Google LLC Advertising Program Terms and Platform Program Policies and is responsible for the ad content and compliance, and agrees that Google can enforce the Terms and Policies directly or through LivePerson. If an ad campaign will use personalized advertising, Company has all rights needed to use any audience data or remarketing lists, include in-ad notices to disclose that the ad is interest-based, and will comply with Google’s personalized advertising Terms and applicable Internet advertising industry guidelines, laws and/or regulations (e.g., Network Advertising Initiative, the Interactive Advertising Bureau and the Digital Advertising Alliance).

Google Business Messages

Company agrees to the Google Business Messages Product Policies and any additional policies and documents referenced or incorporated by reference therein (“Google TOS”), and agrees that Google can enforce the Google TOS directly or through LivePerson. Google considers the Business Messages service as beta.

Google RCS Business Messaging

Company agrees to the Google Terms of Service for RCS Business Messaging with Jibe Mobile, Inc. (a wholly owned subsidiary of Google LLC) (“Google RCS TOS”), and that Google can enforce the Google RCS TOS directly or through LivePerson.

Instagram

Company agrees to the Instagram Terms of Use and any additional policies and documents referenced or incorporated by reference therein, including the Instagram Community Guidelines and the applicable Facebook policies, including, without limitation, the Facebook Commercial Terms, Facebook Business Tools Terms, and Facebook Terms of Service (“Instagram TOU”). Company agrees that (1) Instagram or Facebook can enforce the Instagram TOU directly or through LivePerson or a LivePerson partner as applicable, (2) if Company links its Instagram account to its Facebook account, then the personnel who moderate the Facebook Page will have the ability to view and respond to Company’s Instagram messages, and (3) Facebook (or its contractors) may review Company’s Instagram accounts for compliance with the Instagram TOU. Instagram considers the Instagram Messaging API as beta.

KakaoTalk

Company agrees to the Kakao Account Terms and Conditions, the Kakao Terms of Service, the Kakao Comprehensive Terms of Service, the Kakao Comprehensive Terms and Conditions and any additional policies or documents references or incorporated by reference therein (“Kakao TOU”), and agrees that InfoBank, Kakao’s authorized reseller, and/or KaKao can enforce the Kakao TOU directly or through LivePerson.

LINE

Company agrees to the LINE Terms and Conditions of Use and any additional policies or documents references or incorporated by reference therein (“LINE TOU”), and agrees that KDDI Evolva, LINE’s authorized reseller, and/or LINE can enforce the LINE TOU directly or through LivePerson.

Viber

Company agrees to the Viber Terms, including, without limitation, the Terms of Use and Content Policy and any additional policies and documents referenced or incorporated by reference therein (“Viber TOS”), and agrees that Viber can enforce the Viber TOS directly or through LivePerson. Viber may be hosted outside of Conversation Cloud in LivePerson’s Amazon Web Services (AWS) environment.

WeChat

Company agrees to the WeChat Terms of Service and any additional policies and documents referenced or incorporated by reference therein (“WeChat TOS”), and agrees that WeChat can enforce the WeChat TOS directly or through LivePerson.

WhatsApp

Company agrees to the WhatsApp Business Solution Terms, WhatsApp Commerce Policy, WhatsApp Business Messaging Policy, and any additional policies and documents referenced or incorporated by reference therein (“WhatsApp On-Premise TOS”). If Company uses, or has migrated to, WhatsApp Business, using Cloud API, Company agrees to WhatsApp Business Terms of Service, WhatsApp Commerce Policy, WhatsApp Business Messaging Policy and any additional  policies or documents referenced or incorporated by reference therein or as may be required by WhatsApp and/or Meta from time to time (“WhatsApp Cloud API TOS”). Company agrees that WhatsApp can enforce the WhatsApp On-Premise TOS or the WhatsApp Cloud API TOS, as applicable, directly or through LivePerson. Unless otherwise specified in Company’s ordering document or agreement with LivePerson or a LivePerson partner as applicable, LivePerson will invoice Company for the WhatsApp program fees plus a 15% management fee monthly in arrears. Company agrees that it cannot message with WhatsApp users outside of a test environment until LivePerson receives formal approval from WhatsApp.

Workato

Company agrees to the Workato Terms of Use and Workato Privacy Policy and any additional policies or documents referenced or incorporated by reference therein and agrees that Workato can enforce the Workato Terms of Use directly or through LivePerson.

LivePerson Connector for Amazon Connect

Company agrees to the TTEC End User License Agreement and any additional policies or documents referenced or incorporated by reference therein and agrees that TTEC can enforce the End User License Agreement directly or through LivePerson. LivePerson is not a provider of Amazon Connect and is not responsible for charges incurred by Company for its use of Amazon Connect.

Updated on March 17, 2025