Terms of Service

1. Service

livelisted is web-based software (software as a service) for managing units, prices, status changes and reservations of real-estate projects, creating versioned price lists, publishing availability (public page, website widget), involving sales partners and receiving prospect enquiries. The scope follows the product description on livelisted.app at the time of contracting.

The Provider may develop, change and replace functions as long as the essential purpose of the contract is preserved. Customers are informed of material restrictions by email at least 30 days in advance.

2. Conclusion of contract, trial

The contract is concluded by registering an account and accepting these terms. New customers receive a free 14-day trial without payment details. After the trial the Customer may choose a paid plan; otherwise the account becomes read-only and is deleted after 60 days.

3. Prices and payment

The prices shown on livelisted.app/pricing at the time of ordering apply, plus statutory VAT. Billing is monthly or annually in advance through the payment provider engaged by the Provider, which acts as merchant of record and issues the invoice. The Customer's sales partners use livelisted free of charge.

Price changes are announced at least 30 days before they take effect and apply from the next billing period at the earliest. If the Customer objects, the contract ends when the change takes effect.

4. Term and termination

Monthly contracts can be terminated at any time to the end of the current month, annual contracts to the end of the contract year, in the account or by email. The Provider may terminate for cause in case of material breach, in particular payment default of more than 30 days after reminder or unlawful use.

After the contract ends the Customer may export its data within 30 days (Excel, PDF price lists). The data is then deleted in accordance with the privacy policy.

5. Customer obligations

The Customer is responsible for the accuracy and lawfulness of the content it enters — in particular prices, areas, availability and statements in published price lists and widgets — and for complying with the information duties applicable to it (e.g. brokerage law, price indication, energy certificates). livelisted provides the tools but does not review content.

The Customer ensures it is entitled to pass on the data of sales partners and prospects and informs them about the processing. Credentials must be kept secret; actions under the Customer's account are attributed to the Customer.

Prohibited in particular: circumventing access restrictions, automated reading beyond the intended scope, posting unlawful content, and using the service to send unsolicited advertising.

6. Availability and support

The Provider aims for 99.5 % monthly availability, excluding announced maintenance windows and outages beyond its control (third-party providers, network, force majeure). A claim to a specific availability exists only if expressly agreed (Enterprise plan). Support is provided by email on business days.

7. Automated processes and notifications

livelisted releases reservations automatically once the deadline set by the Customer has passed and sends reminders. The Customer is responsible for setting and extending deadlines or converting reservations into sales. The Provider is not liable for consequences of a release that corresponds to the deadline set by the Customer.

8. Rights of use

For the term of the contract the Customer receives the non-exclusive, non-transferable right to use livelisted for its own business purposes, including embedding the widget on its own websites. All rights in the software remain with the Provider. Content entered by the Customer remains the Customer's; the Customer grants the Provider the rights of use necessary to provide the service.

In plans with attribution (“Live availability by livelisted”) that attribution remains in the widget.

9. Data protection and processing

Where the Provider processes personal data on behalf of the Customer, the data processing agreement under Art. 28 GDPR, which forms part of these terms (section 13), applies. Details of processing and the sub-processors used are described in the privacy policy.

10. Liability

The Provider is liable without limitation for intent and gross negligence and for personal injury. For slight negligence the Provider is liable only for breach of essential contractual obligations and limited to the foreseeable, contract-typical damage, capped at the fees paid by the Customer in the twelve months before the event. Liability for lost profit, indirect damage and data loss where the Customer failed to take reasonable precautions (exports) is excluded. Mandatory statutory liability remains unaffected.

The Provider is not liable for content the Customer publishes, nor for decisions of third parties (prospects, sales partners) based on that content.

11. Confidentiality

Both parties treat the other party's non-public information as confidential. The Provider uses customer data solely to provide the service; it may analyse aggregated usage statistics that are neither personal nor customer-specific to improve the product.

12. Changes to these terms

Changes are communicated to the Customer by email at least 30 days before they take effect. If the Customer does not object within that period, the amended terms apply; the notice points out this consequence. If the Customer objects, the Provider may terminate the contract as of the effective date.

13. Data processing agreement (Art. 28 GDPR)

Subject: operation of the livelisted software for the Customer. Duration: term of the contract. Nature and purpose: storage, display, transmission and evaluation of the data entered by the Customer to manage and market real-estate projects. Data categories: contact data of sales partners and prospects, names in notes, usage and log data. Data subjects: the Customer's staff, sales partners, prospects.

The Provider processes only on the Customer's documented instructions (these terms and the use of the software constitute instructions), binds its personnel to confidentiality, implements the technical and organisational measures described in the privacy policy, assists the Customer with data subject rights and notification duties, reports personal data breaches without undue delay, deletes or returns data after the contract ends, and provides the information necessary to demonstrate compliance.

Sub-processors: the providers named in the privacy policy. The Customer consents to their use; changes are announced at least 30 days in advance and the Customer may object for good cause. Transfers to third countries take place only with appropriate safeguards (adequacy decision, standard contractual clauses).

14. Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. Exclusive place of jurisdiction is the competent court in Klagenfurt am Wörthersee. Should a provision be invalid, the remainder of the contract stays in force; the invalid provision is replaced by a valid one closest to its economic purpose. In case of discrepancies between the German and the English version, the German version prevails.