Last updated: 01.12.2024
These General Terms and Conditions of Use and Sale (hereinafter « GTCU ») govern the use and marketing of the software offered by Liveproperty (hereinafter « Supplier »). This software is provided as an online service (Software as a Service – SaaS).
By accessing and using the service, you accept these GTCU. If you do not accept these terms, you must not use the service.
1. DEFINITIONS
– SaaS Software: The online application service offered by the Supplier accessible via an internet connection.
– Customer: Any natural or legal person who has subscribed to the service.
– User: Any person authorized by the Customer to access the Software.
– Service: All the features and services accessible via the SaaS Software.
– Subscription: Paid subscription method giving access to the Service for a specific period.
– Customer Data: All information provided by the Customer and/or generated by the use of the Service.
2. PURPOSE
The purpose of these T&Cs is to define the terms of use and sale of the SaaS Software, as well as the rights and obligations of the parties.
3. CONDITIONS OF ACCESS AND USE
3.1. Access to the Service
The Customer accesses the Software via an internet connection and an identifier provided when subscribing. The Supplier is not responsible for interruptions due to connectivity or user equipment problems.
3.2. Necessary hardware and software
The Customer is responsible for having the equipment and software necessary to use the Service, including a compatible browser.
3.3. Restrictions on Use
The Customer agrees to:
– Not attempt to modify, decompile or disassemble the Software.
– Not use the Service for illegal purposes or purposes that do not comply with applicable law.
– Preserve the confidentiality of its login credentials.
4. SERVICES PROVIDED
The Supplier undertakes to provide:
– Access to the SaaS Software in accordance with the specifications described in the documentation.
– Technical assistance according to the terms defined in the subscription contract.
5. SUBSCRIPTION AND PRICES
5.1. Subscription Terms
Subscription to the Service is made via an online order and by accepting these General Terms and Conditions of Use and Sale. The contract takes effect upon validation of the order.
5.2. Pricing
The current rates are available on the Supplier’s website. Prices are expressed in dollars excluding taxes, unless otherwise stated.
5.3. Payment
– Payment is made by credit card when the order is placed and by direct debit from the same credit card until termination by the Customer.
– Any late payment will result in the application of a penalty of [applicable legal rate] and may result in the suspension of access to the Service.
5.4. Duration and Renewal
The Subscription is concluded for a fixed term with tacit renewal, unless terminated by the Customer.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Software Ownership
The Supplier retains all intellectual property rights relating to the Software and its documentation.
6.2. User License
The Customer has a non-exclusive, non-transferable right of use limited to the duration of the Subscription.
7. PERSONAL DATA AND CONFIDENTIALITY
7.1. Data Protection
The Supplier undertakes to comply with the regulations in force, in particular the General Data Protection Regulation (GDPR).
7.2. Data Ownership
The Customer’s Data remains the exclusive property of the Customer. The Supplier acts as a subcontractor for their processing.
7.3. Confidentiality
The parties undertake to keep confidential the information exchanged in the context of the use of the Service.
8. AVAILABILITY AND WARRANTY
8.1. Availability
The Supplier strives to guarantee an availability of the Service of 99% on an annual basis, excluding planned maintenance or force majeure.
8.2. Limitation of Warranty
The Software is provided « as is ». The Supplier excludes any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
9. LIABILITY
The Supplier is liable for direct damages caused by a proven fault in the execution of the Service, up to the amount paid by the Customer during the last 12 months.
The Supplier shall not be held liable for:
– Indirect damages (loss of profit, data, etc.).
– Problems due to improper use of the Service by the Customer.
10. TERMINATION
10.1. At the initiative of the Customer
The Customer may terminate the Subscription at any time, subject to compliance with the defined notice period.
10.2. At the initiative of the Supplier
The Supplier may suspend or terminate access in the event of non-payment or violation of the T&Cs.
10.3. Effect of Termination