Terms and Conditions Regarding Viber Chatbot Payments Service

Terms and Conditions Regarding Viber Chatbot Payments Service

These terms and conditions apply to use of the Viber Chatbot Payments Service (hereinafter the “Service“) provided by Viber Media S.àr.l., address 2 Rue du Fosse, L-1536, Luxembourg, Grand Duchy of Luxembourg hereinafter referred to as “Viber.”  By accessing or using the Service you agree to these terms as may be amended from time to time (hereinafter the “Service Terms“).  If you do not agree with these Service Terms, please terminate your use of the Service immediately.  These Service Terms apply to “Users” and “Merchants.  Merchants are entities with a legitimate business activity who sell goods or services.  Users purchase goods or services from Merchants. 

The Service allows Users to use a chatbot to purchase goods or services from Merchants.  Users will pay Merchants using either Google LLC’s (“Google“) Google Pay Service (“Google Pay“) or Apple, Inc.’s (“Apple“) Apple Pay Service (“Apple Pay“).  Google Pay is a trademark of Google and Apple Pay is a trademark of Apple.  A third-party payment service provider (“PSP“) will partner with Apple and Google to accept payments on Merchants’ behalf.  No payments are made to or accepted by Viber and Viber is not a Merchant or a PSP and Viber provides no goods or services. 

Terms of Use:

  1. Users under the age of eighteen (18) must have permission from the User’s parent or guardian to use the Service.
  2. In addition to these Service Terms, use of the Service is subject to Viber’s Terms of Use, Viber’s Privacy Policy, Viber’s Viber Public Account, Public Chat, Bot, Community, and VAP Terms & Guidelines   (available at https://www.viber.com/en/terms/), and the Viber API Terms of Service (available at https://developers.viber.com/docs/general/api-terms-of-service/), as may be amended from time to time.
  3. Viber’s role in the Service is limited as follows:a. Users and Merchants agree that Viber does not process any payments.  Viber does not exercise control over purchases, returns, delivery of goods or services by a Merchant, the availability or accuracy of Google Pay or Apple Pay, payment cards, payments, refunds, chargebacks, the provisioning (or addition) of cards to Google Pay or Apple Pay, or other commercial activity relating to payments made using the Service.b.Viber is not responsible for providing any goods or services to Users.

    c. Viber assumes no liability for a Merchant’s failure to provide goods or services or for any User’s dissatisfaction with any goods or services provided by a Merchant.

    d. Under no circumstances will Viber provide a chargeback or any other compensation to a User.

    e. Viber maintains the right to engage in proactive supervision of chatbots that use the Service.

  4. Merchant Terms from from Google and Apple:
    a.
    Merchants agree and are subject to the Google Pay API Terms of Service (available at https://payments.developers.google.com/terms/sellertos), the Google Pay Policies for Business (available at https://pay.google.com/intl/en_in/about/business/policy/), and other terms that Google may from time-to-time apply to the Service.b. Merchants agree and are subject to the Apple Developer Program License Agreement (available at https://developer.apple.com/services-account/agreement/XV2A27GUJ6/content/pdf) and the Apple Pay Platform
    Web Merchant Terms and Conditions (available at  https://developer.apple.com/terms/apple-pay-web/).c.
    d.and other terms that Apple may from time-to-time apply to the Service.e. Merchants agree and are subject to the separate terms from the PSP that has partnered with Viber to offer the Service and has partnered with Merchant and other terms that the PSP may from time-to-time apply to the Service.

    f. Merchants shall not make the Google Pay APIs available for use for a transaction or to otherwise transfer money between any Merchant and User that does not directly result from that User’s purchase of a product or service from Merchant. If any Merchant identifies its primary product type as “non-profit”, and such Merchant is in compliance with all applicable requirements (legal or otherwise), then such Merchant may use the Google Payment APIs in connection with donations from Users. With respect to the sale of digital products and services by a Merchant, these Service Terms and the Google API Terms of Service apply for any transactions completed exclusively through a web browser.  Merchant shall not sell digital products or services through mobile applications.

    g. Merchants shall not use the Service in connection with any transaction, that is unlawful or involves: (a) products or services that are illegal or intended to be used illegally; (b) pornography, or content, products, or services that are primarily sexually explicit in nature; (c) threats to consumer or public safety; (d) counterfeit or stolen goods; (e) infringement of third-party rights, including intellectual property rights; (f) child endangerment; (g) bullying, harassment, or hate speech; (h) discrimination based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity; (i) fraud or deception; or (j) violence;

  5. User Terms from Google and Apple.a. By using the Service, Users agree to the Google Pay Terms of Service (available at https://payments.google.com/payments/apis-secure/get_legal_document?ldl=en_US&ldo=0&ldt=buyertos) and other terms that Google may publish from time-to-time apply to the Service.b. By using the Service, Users agree to the Apple Pay Supplemental Terms (available at https://www.apple.com/legal/sla/) and other terms that Apple may publish from time-to-time apply to the Service. 
  6. Termination. You agree that Viber may immediately suspend and/or terminate your use of the Service (a) if requested by law enforcement or other government agencies, (b) as a result of unexpected technical or security issues or problems, (c) if we reasonably suspect that you are using the Service in a fraudulent manner, (d) if your use of the Service violates any laws, regulations, or rules, (f) as a result of changes in any rules or regulations that affect our ability to provide the Service, (g) your breach or violation of any of your obligations under these Service Terms or incorporated agreements or guidelines including but not limited to those maintained by Viber’s partners, or (h) for any other reason determined by Viber to be in its interest. Termination of your use of the Service will result in the cancellation of your ability to use the Service. Further, you agree that any termination of these Service Terms under this Section will be made in Viber’s sole discretion and that Viber shall not be liable to you or anybody else for termination of your use of the Service. All provisions of these Service Terms that must survive in order to give effect to their meaning will survive any expiration or termination of these Service Terms.
  7. Merchants Liable for Third Parties.  In the event a Merchant’s integration into the System is performed by a third party, the Service Terms shall apply to both the Merchant and the third party.  Both the Merchant and any Third Party will be liable to Viber, jointly and severally, for any breach of these Service Terms.
  8. Service Provided with no Warranty; Limitation of Liability.  Viber does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use or operation of the Service.  The Service is provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title, non-infringement or implied warranties of use, merchantability, usability, accuracy, availability, security, accuracy or fitness for a particular purpose.  Viber shall not be liable for any direct or indirect, incidental, consequential, special damages of any kind whatsoever, including without limitation loss of or damage to data, loss of revenues, profits or goodwill, whether based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory, resulting from or arising out of these Service Terms and/or the Service (or any part thereof), notwithstanding the failure of essential purpose and even if advised of the possibility of such damages, regardless of whether or not foreseeable and whether or not it has been advised of the possibility of such damages.
  9. Indemnification. You agree to defend, indemnify and hold Viber and its Affiliates harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action arising out of or relating to your activities under these Service Terms, including, without limitation, any violation by you of these Service Terms, the Google Pay API Terms of Service, the Google Pay Terms of Service, the Apple Developer Program License or the Apple Pay Supplemental Terms  (“Claim”). You agree to pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any Claim.  You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.
  10. Courtesy Translations.  This Policy was written in English. To the extent any translated version of these Service Terms conflicts with the English version, the English version controls.
  11. Updates to Service Terms. Viber may revise and reissue these Service Terms occasionally, by posting updated Service Terms, due to updates to our services or to applicable laws. Your continued use of the Service will be deemed as your acceptance of any revisions.
  12. Customer Service.a. For any concerns relating to a payment made on the Service:
      i.Merchants are instructed to contact the PSP.
      ii. Users are instructed to contact the relevant Merchant or issuer of the User’s payment card. A list of the Merchants and their support agent can be found in the following link: https://help.viber.com/en/article/chatbot-support-useful-contacts.b. If Users or Merchants have questions or requests related to this Policy, please contact Viber’s support center by sending an email to: https://help.viber.com/en/contact.

 

Effective Date: These Service Terms are effective as of November 19, 2020 and supersede all prior versions.