Terms and Conditions
1 TERMS AND CONDITIONS FOR LIVA
Following are the terms and conditions that apply to using and accessing Liva. Liva is owned and operated by Advania Ísland ehf. („Advania“). Advania’s general terms and conditions also apply to the service. These terms and conditions are considered specific terms and conditions in addition to Advania’s general terms and conditions. Advania’s general terms and conditions can be found on Advania’s website, www.advania.is. Liva’s privacy policy also applies. Liva’s privacy policy can be found on Liva’s website, www.liva.is.
These terms and conditions are effective as of October 9th 2024.
2 DEFINITIONS
“Account” refers to the registered profile within the Software, created and maintained by the Account Owner. The Account serves as the central hub for accessing the Software's features. It includes all associated data, settings, permissions, and integrations, such as connected payment providers, and is used to facilitate the operations and management of bookings and related activities for the company.
“Account owner” refers to the individual or entity who has registered and holds the primary administrative rights to the Software account. The Account Owner holds the authority to assign roles and permissions to other users and is ultimately accountable for all activities conducted through the account.
„Liva“ refers to the Liva Booking Software as a Service.
„Services“ refers to the booking services provided by the Software, as described in clause 4.
„Software“ refers to Liva, including any updates or supplements to the software.
„Terms and conditions“ refer to these terms and conditions.
„User“ refers to any person or entity using the Software.
3 SCOPE AND APPLICABILITY
These terms and conditions are specific user terms and conditions between Advania and the User. Based on these terms and conditions, Advania grants limited permission to the User to use Liva in accordance with these terms and conditions.
These terms and conditions become effective when the User accepts these terms and conditions on the Liva Software or when the user uses Liva for the first time, whichever occurs first. If the User accepts these terms and conditions on behalf of a legal person, the User confirms that the User has the authority to bind the legal person, and these terms shall apply both to the legal person and to the natural person who uses the access.
4 ABOUT LIVA
Liva is a Booking Software as a Service designed to facilitate bookings and booking management for companies. The Software allows the User to create events and experiences, manage availability and staff and resources. The Software offers bookings, booking management, customer details, and other related activities. Liva has a built-in store front for bookings but booking widgets can be used for cross-platform bookings (collectively referred to as the „Services“). Liva provides ready to use integrations to various payment providers and business management solutions.
Advania reserves the right to decide the system's functionality at any time, including the right to amend, suspend or discontinue any one or more of the Services, with or without notice. The User agrees that Advania shall not be liable to the User or any third-party for any such amendments, suspension or discontinuance of any Service.
5 Use of the Service
Eligibility. The User must be at least 18 years old and legally capable of entering into binding contracts to use the Services. If the User signs up for an Account on behalf of his employer, the employer will be deemed to be responsible for the User, and the User represents and warrants that he has the authority to bind the employer to these Terms and conditions.
License. Advania grants the User a limited, non-exclusive, non-transferable license to access and use the Services to offer its events and experiences to the public in accordance with these Terms and conditions.
Prohibited Uses. The User agrees not to use the Services for any unlawful or fraudulent purposes, including but not limited to distributing content that is harmful, defamatory, obscene, or otherwise offensive, promoting hate speech, violence, discrimination or illegal activity, misrepresent its identity or affiliation with any person or organization, interfere with or disrupt the Service or its servers or attempt to gain unauthorized access to the Service or other users' Accounts.
6 Booking Terms
Reservations. The Services allow User to create events to offer its customers for booking. The User is solely responsible for content creation and offerings. Liva will keep a copy of all reservations while the User has an active Account for the Software. If Account is deleted the User has two weeks to re-activate the Account or transfer any data. Please note that in compliance with legal requirements, certain data may need to be retained for a specified period. Upon termination of the User’s account, the User is responsible for transferring its data within the two-week period. After this time, the data may be deleted, subject to any mandatory retention requirements.
Payment. The User is responsible for selecting and connecting a payment provider of their choice, and for accurately inputting the necessary keys to ensure the proper functioning of the payment connection_._
Taxes and Fees Responsibility. The User acknowledges and agrees that he is solely responsible for the payment of any applicable taxes, fees, or other charges that may be imposed by local, state, national, or international authorities in connection with the bookings or transactions. This includes, but is not limited to, sales taxes, value-added taxes (VAT), service taxes, or any other applicable government levies.
Cancellations and Refunds. The User can set its cancellation and refund policies according to their own preferences in Liva. Refunds are the responsibility of the User for their account.
7 User Accounts
Account Creation. The User agrees to provide accurate and complete information when creating the Account and to update this information as necessary. Staff accounts and agent accounts can be created by Account Owners and administrators. Staff accounts and Agent accounts can leave the company Account at any time.
Account Security. All accounts on Liva are created and authenticated using Third-Party authentication services. The Software relies on Third-Party authentication processes and does not store any user passwords or authentication details other than email address on its servers. As part of this process, the User is responsible for maintaining the security and confidentiality of the authentication account credentials. Liva cannot be held liable for any unauthorized access to User’s account resulting from the User’s failure to protect his authentication account information. The User agrees to notify Liva immediately in the event of any unauthorized use of the account or any other breach of security.
Account Termination. Advania reserves the right to suspend or terminate an Account at any time if it determines that the User has violated these Terms and conditions or engaged in fraudulent or unlawful activity, in accordance with clause 5 “Use of the Service”. Account Owners can also terminate their Account, after which they will have a two-week period to re-activate the Account. Once this period expires, all associated data will be permanently deleted.
8 SUBSCRIPTION FEE
Subscription terms. Subscriptions are pre-paid and follow a billing cycle based on the date the subscription is initiated. Any additional fees incurred are calculated at the end of the month and collected at the beginning of the following month. Subscription pricing is available on www.liva.is and in the company settings panel in the system. Advania reserves the right to modify subscription prices at any time with effect from the following month by providing the User with no less than 30 days’ notice.
Payment and VAT. All subscription payments and associated fees are processed through a third-party payment processor. Prices include VAT.
Subscription changes, Cancellations and Refunds. If the User upgrades the subscription, the upgrade will take effect immediately, and the User will be billed the difference between the previous and new subscription tiers. The billing cycle will reset to the date of the upgrade. When a subscription is cancelled, the cancellation will take effect at the start of the next billing cycle. Refunds are not provided for cancelled subscriptions.
Subscription Fees and Non-Payment. The subscription fee is charged to the Account owner’s credit card. If payment is not received within 14 days from the due date, the Account will be frozen, and Services will be suspended_. If payment remains overdue for 90 days or more, Advania reserves the right_ to terminate the account and delete all associated data after providing prior notice. The Account owner will be notified of the planned account termination due to non-payment at least 10 days in advance.
9 Intellectual Property
Software ownership. All intellectual property rights in and to the Software, including but not limited to the software code, design, trademark, logo, functionality, and underlying technology, are and shall remain the exclusive property of Advania or its licensors. By using the Software, the User does not acquire any rights or ownership in the Software, except for the limited, non-exclusive, non-transferable, revocable license to use the Software as set forth in these Terms and conditions.
User Content. The User retains all rights, title, and interest in any data, content, or materials (the “User Content”) uploaded, submitted, or otherwise transmitted by the User to or through the Software. The User grants Advania a non-exclusive, worldwide, royalty-free license to use, host, store, display, and process the User Content solely for the purpose of providing the Services and fulfilling the terms of these Terms and conditions.
Confirmation of Intellectual Property Rights. The User confirms that by uploading or submitting any content into the Software, they have the necessary intellectual property rights, licenses, or permissions to use such content. The User shall be solely responsible for ensuring that the User Content does not infringe any third-party intellectual property rights.
Breach of Intellectual Property Rights. If Advania becomes aware or has reasonable grounds to believe that the User Content infringes on third-party intellectual property rights, Advania reserves the right to suspend or terminate the User’s Account without prior notice. In such cases, Advania shall not be liable for any loss or damage resulting from the account suspension or termination.
10 Limitation of Liability
No Warranty. The Service is provided on an „as-is“ and „as-available“ basis. Advania makes no warranties, express or implied, regarding the Service, including but not limited to the availability, accuracy, or reliability of the Service.
Limitation of Liability. To the fullest extent permitted by law, Advania and its affiliates will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of use of the Service, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with:
(a) the use or inability to use the Software;
(b) any errors, bugs, or inaccuracies in the Software;
(c) any unauthorized access to or use of the Software;
(d) any suspension or termination of the User’s Account;
(e) any reliance on any information obtained through the Software.
Cap on Liability. In any event, Advania’s total liability to the User for any claim arising from or related to the use of the Software, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the User to Advania for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.
No Liability for Third-Party Services. Advania shall not be liable for any acts, omissions, or failures of third-party services or providers, including but not limited to payment processors, or other third parties that may be accessed through or integrated with the Software.
Force Majeure. Advania shall not be liable for any failure or delay in the performance of its obligations under this agreement where such failure or delay arises from events beyond its reasonable control, including but not limited to: the wrath of the Volcano God, Elf attacks, acts of God, war, terrorism, strikes, natural disasters, interruptions in telecommunications or internet services, or government actions.
11 Third-Party INTEGRATIONS and Services
The Service may contain Third-Party integrations or services. Advania does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. The User accesses these linked integrations or services at own risk.
Liva provides booking widgets that can be placed on third-party websites for displaying content or functionalities related to the Service. The User is permitted to use the widgets in accordance with these terms and conditions. However, Advania is not responsible for any issues, including errors, incorrect integration, or malfunctions, resulting from the use or embedding of these widgets on third-party websites. The User is solely responsible for ensuring proper integration and compliance with any applicable laws, as well as the policies of the third-party website where the widget is placed. Advania reserves the right to modify or discontinue any widget at any time without prior notice.
Liva uses Sendgrid, a Third-Party email service provider, to handle all e-mail communications, including but not limited to booking confirmations, notifications, and promotional emails on behalf of the Account. By accepting these Terms and conditions, the User consents to the use of SendGrid for the delivery of these emails. While Advania takes reasonable measures to ensure the security and proper handling of email communications, Advania is not responsible for any issues, delays, or errors arising from SendGrid’s services. Use of Liva constitutes the User’s agreement to the terms of service and privacy policies of SendGrid. SendGrid does not store any email addresses in connection with the use of Liva.
12 Confidentiality and data protection
In relation to the Services, each Party shall comply with all requirements of applicable data processing laws and regulations (the “Data Protection Legislation”). The parties acknowledge that during the performance of the Services, Advania (the „Processor“) may process personal data on behalf of the User (the „Controller“). If such processing is required, the parties agree to enter into a separate Data Processing Agreement (DPA) that complies with Data Protection Legislation. The DPA will define the scope, nature, purpose of processing, and establish the Processor’s obligations in protecting personal data, including implementing appropriate technical and organizational measures. Such DPA will be executed promptly when deemed necessary by either party.
13 SUSPENSION and termination
Termination. Without affecting any other right or remedy available to it, either Party may terminate the subscription at any time. If the Account owner wishes to terminate the subscription, the Account owner must delete its Account in Liva_, after which they will have a two-week period to re-activate the Account. Once this period expires, all associated data will be permanently deleted._
Advania may terminate the Services with immediate effect by giving written notice to the User if:
· the User commits a material breach of any of the provisions of these Terms and conditions; or
· the User becomes insolvent, ceases to trade or have a liquidator, receiver, manager, administrator or administrative receiver or similar officer appointed in respect of the whole or part of its business, or enters into any arrangement or composition with its creditors, or is made bankrupt, or undergoes a similar or analogous event in any jurisdiction;
· the User fails to pay any amount due and payable pursuant to Section 8, after Advania has sent the User a notification of payment failure; or
· the Account has been inactive for a period of ninety (90) days or more; or
· if you object to the use of any sub-processor according to the Data Processing Agreement.
Effect of termination. Upon termination, Advania may in its sole discretion close the Account. 14 days from termination Advania will permanently delete any existing data from the Account, and refuse any future submission of data from the User.
Upon termination, all unpaid Fees shall become due and payable.
14 Governing Law
These Terms are governed by and construed in accordance with the laws of Iceland, without regard to its conflict of law principles. Any legal actions or disputes arising out of or related to these Terms will be subject to the exclusive jurisdiction of the district court of Reykjavík, Iceland.
15 Changes to Terms
Advania reserves the right to modify these Terms and conditions at any time. If material changes are made the User will be notified. The User’s continued use of the Services after any such changes constitutes acceptance of the modified Terms and conditions.
16 Contact Information
If you have any questions or concerns about these Terms and conditions or the Service, please contact us at advania@advania.is or +354 440 9000.
17 GENERAL TERMS AND CONDITIONS OF ADVANIA
Matters other than those covered by these terms and conditions are governed by Advania’s general terms and conditions, which can be found at www.advania.is/skilmalar.