These General Terms and Conditions of Use and Sale (hereinafter « GTC ») govern the use and marketing of the services offered by Liveproperty (hereinafter « Provider »). The software is provided as an online service (Software as a Service – SaaS). The website provided is in the form of a CMS (Content Management System).
By accessing and using the service, you accept these GTC. If you do not accept these terms, you must not use the service.
1. DEFINITIONS
– SaaS Software: The online application service offered by the Provider accessible via an internet connection.
– CMS: Content Management System, a computer program that allows the creation and management of a website.
– Client: Any natural or legal person who has subscribed to the service.
– User: Any person authorized by the Client to access the Software.
– Service: All the functionalities and services accessible via the SaaS Software.
– Subscription: Paid subscription method giving access to the Service for a specified period.
– Client Data: All information provided by the Client and/or generated by the use of the Service.
2. PURPOSE
These GTC define the terms of use and sale of the SaaS Software and the ordered website, as well as the rights and obligations of the parties.
3. ACCESS AND USE CONDITIONS
3.1. Access to the Service
The Client accesses the Software via an internet connection and an identifier provided during subscription. It is strongly advised against connecting via a public internet connection.
The ordered website is entirely hosted and managed by the Provider after receiving the client’s complete specifications. The Provider is not responsible for interruptions due to connectivity or user equipment problems.
3.2. Required Hardware and Software
The Client is responsible for having the necessary equipment and software to use the Service, including a compatible browser.
3.3. Usage Restrictions
The Client agrees to:
– Not attempt to modify, decompile, or disassemble the Software or the Website.
– Not use the Service for illegal purposes or purposes contrary to applicable law.
– Maintain the confidentiality of their login credentials.
4. SERVICES PROVIDED
The Provider undertakes to provide:
– Access to the SaaS Software in accordance with the specifications described in the documentation.
– A « showcase » website with automatic import of listings and optional modules.
– Technical support according to the terms defined in the subscription agreement.
5. SUBSCRIPTION AND PRICING
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 confirmation of the order.
5.2. Pricing
Current prices are available on the Provider’s website. Prices are expressed in euros excluding taxes (VAT), unless otherwise stated.
5.3. Payment
– Payment is made by credit card when placing the order and by automatic debit from the same credit card until termination by the Client.
– Any delay in payment will result in the application of a penalty of [applicable legal rate] and may lead to 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 Client.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Ownership of the Software and Website
The Provider retains all intellectual property rights relating to the Software, the Website, and its documentation.
6.2. License to Use
The Client 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 Provider undertakes to comply with the regulations in force, in particular the General Data Protection Regulation (GDPR).
7.2. Ownership of Data
The Customer’s Data remains the exclusive property of the Customer. The Provider acts as a data processor for its processing.
7.3. Confidentiality
The parties undertake to keep confidential the information exchanged in the context of using the Service.
8. AVAILABILITY AND WARRANTY
8.1. Availability
The Provider strives to guarantee a Service availability of 99% on an annual basis, excluding scheduled maintenance or force majeure events.
8.2. Limitation of Warranty
The Software is provided « as is » and the Site after customer validation. The Provider excludes all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. LIABILITY
The Provider is liable for direct damages caused by
