Terms of Service

1. Service

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

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

2. Conclusion of contract, trial

The contract is concluded when an account is registered and these terms are accepted. New Customers receive a free 7-day trial with no payment details required. After the trial ends, the Customer may choose a paid plan; otherwise the account becomes read-only. The public price-list link then remains available for a further 30 days in a frozen, date-stamped state and goes offline afterwards. The Customer's data is retained for 60 days and then deleted unless a plan is chosen or an export is requested beforehand.

3. Prices and payment

The prices shown on livelisted.app/pricing at the time of ordering apply, plus statutory VAT. The "Standard" plan consists of a base fee and a monthly fee per active unit (not archived, status neither sold nor handed over); the number of active units on the billing date is what counts. At the Customer's choice, the base fee is billed monthly or annually in advance ("Standard yearly"); the fee per active unit is billed monthly in either case. The "Unlimited" plan is billed for twelve months in advance and continues as "Standard" thereafter unless the Customer cancels before it expires. Billing takes place monthly or annually in advance through Stripe, the payment service provider engaged by the Provider; with "Standard yearly", the base fee and the per-unit fee may be invoiced separately; the invoice is issued by the Provider. The Customer's sales partners, team members and projects are unlimited and 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 on the date the change takes effect.

4. Term and termination

Monthly contracts can be terminated at any time with effect from the end of the current month, annual contracts with effect from the end of the contract year. "Standard yearly" is an annual contract: it can be terminated with effect from the end of the contract year, and the monthly fee per active unit ends with it; the per-unit fee cannot be terminated separately. Termination is made in the account or by email. The Provider may terminate the contract for cause in the event of a material breach, in particular payment arrears of more than 30 days after a reminder, or unlawful use.

After the contract ends, the Customer may retrieve its data as an export (Excel, PDF price lists) within 30 days. 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, floor areas, availability and the details in published price lists and widgets — and for complying with the information obligations applicable to it (e.g. the Estate Agents Act, price labelling, energy performance certificates). livelisted provides the tools but does not review content.

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

The following in particular are prohibited: circumventing access restrictions, automated scraping beyond the intended scope, posting unlawful content, and using the service to send unsolicited advertising.

6. Availability and support

The Provider aims for availability of 99.5 % on a monthly average, excluding announced maintenance windows and outages beyond its control (third-party providers, network, force majeure). There is no entitlement to a specific level of availability unless this has been expressly agreed (Enterprise plan). Support is provided by email on working days.

7. Automated processes and notifications

livelisted automatically releases reservations once the deadline set by the Customer has expired and sends reminders. The Customer is responsible for setting or extending deadlines and for converting reservations into sales. The Provider is not liable for the 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 property; the Customer grants the Provider the rights of use necessary to provide the service.

In plans that carry an 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. In the case of slight negligence, the Provider is liable only for breaches of essential contractual obligations and only up to the foreseeable damage typical for this type of contract, capped at the fees paid by the Customer in the twelve months preceding the event giving rise to the damage. Liability for lost profit, indirect damage and loss of data, where the Customer has failed to take reasonable backups (exports), is excluded. Mandatory statutory liability remains unaffected.

The Provider is not liable for content published by the Customer, nor for decisions made by third parties (prospects, sales partners) on the basis of 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 in order 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 notification will draw attention to this consequence. If the Customer objects, the Provider may terminate the contract with effect from the date the changes take effect.

13. Data processing agreement (Art. 28 GDPR)

Subject matter: operation of the livelisted software for the Customer. Duration: the term of the contract. Nature and purpose: storage, display, sending and evaluation of the data entered by the Customer for the purpose of managing and marketing real estate projects. Categories of data: contact data of sales partners and prospects, prospects' budget and search preferences, names in notes, usage and log data. Data subjects: the Customer's employees, sales partners, prospects.

The Provider processes data 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 obligations, reports personal data breaches without undue delay, deletes or returns data after the end of the contract, and provides the information necessary to demonstrate compliance.

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

The full agreement including the technical and organisational measures is available at https://livelisted.app/legal/dpa, also as a PDF.

14. Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. The court with subject-matter jurisdiction in Klagenfurt has exclusive jurisdiction. Should any provision be invalid, the remainder of the contract remains in force; the invalid provision is replaced by a valid one that comes closest to its economic purpose. In the event of discrepancies between the German and the English version, the German version prevails.