Please read these terms and conditions carefully before using our Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party.
- Account means a unique account created for you to access our Service or parts of our Service.
- Country refers to: Poland.
- Company (referred to as either "the Company", "We", "Us" or "Our") refers to Anton Andrushchenko, ul. Na Zjeździe, nr 11, lok. 5P, 30-527 Kraków, Poland (PL5213953815).
- Content refers to content such as text, images, or other information that can be posted or uploaded by you.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by you regarding the Service.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- Service refers to the Website and the App.
- Subscriptions refer to the services or access to the Service offered on a subscription basis.
- Terms and Conditions (also referred to as "Terms") means these Terms and Conditions.
- Third-Party Social Media Service means any services or content provided by a third party linked through the Service.
- Website refers to Livinplace, accessible from https://livinplace.com.
- App refers to https://app.livinplace.com.
- You means the individual or entity accessing or using the Service.
Acknowledgment
These Terms and Conditions govern the use of this Service and the agreement between you and the Company.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions.
If you disagree with any part of these Terms and Conditions then you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also subject to our Privacy Policy.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis depending on the plan you select.
Subscription cancellations
You may cancel your Subscription renewal either through your Account settings or by contacting the Company. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Service until the end of your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company may modify the Subscription fees. Any change becomes effective at the end of the then-current Subscription period.
The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before the change becomes effective.
Your continued use of the Service after the change comes into effect constitutes your agreement to pay the modified fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests may be considered on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period.
You may be required to enter billing information to sign up for a Free Trial. If you do, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the Subscription you have selected.
The Company reserves the right to modify or cancel the Free Trial at any time without notice.
Fair use and abuse protection
The Service is intended for normal business use. To protect the stability, availability, and security of the Service for all customers, we may apply reasonable technical limits to your use of the Service (for example: rate limiting, bandwidth limits, throttling, or request caps). This may include access via public links and QR codes.
If we detect excessive, abnormal, or abusive traffic (for example: automated scraping, denial-of-service patterns, or public distribution of links intended for internal use), we may temporarily restrict access, suspend affected links or Accounts, and contact you to agree on a usage plan or additional terms.
You must not attempt to bypass such limits or interfere with the operation of the Service.
User Accounts
When you create an Account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to rights of another person or entity without authorization, or a name that is otherwise offensive, vulgar or obscene.
Social Login and Linked Accounts
If the Service allows you to sign in, connect, or otherwise interact with a Third-Party Social Media Service, you authorize the Company to access and use information made available by that service in accordance with our Privacy Policy and your settings with that service.
The Company does not control and is not responsible for the availability, accuracy, or content of any Third-Party Social Media Service, and your relationship with that service is governed by its own terms and policies.
Content
Your Right to Post Content
Our Service allows you to post Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant the license above, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content.
- Spam or unauthorized solicitation.
- Malware, viruses, or other harmful content.
- Infringing proprietary rights of any party.
- Impersonating any person or entity.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right to determine whether Content is appropriate and complies with these Terms, refuse or remove it, and limit or revoke the use of the Service if you post such Content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. If you believe Content posted on the Service infringes a copyright or other intellectual property right, you must submit your notice in writing via email to legal@livinplace.com and include a detailed description of the alleged infringement.
You may be held accountable for damages for misrepresenting that any Content is infringing your copyright.
DMCA Notice and Procedure
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
- A description of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and its location.
- Your address, telephone number, and email address.
- A statement of good faith belief that the disputed use is not authorized.
- A statement, made under penalty of perjury, that the information is accurate and you are authorized to act.
Upon receipt, the Company will take whatever action it deems appropriate, including removal of the challenged content.
Intellectual Property
The Service and its original content (excluding user Content), features and functionality remain the exclusive property of the Company.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without prior written consent.
Your Feedback to Us
You assign all rights, title and interest in any Feedback you provide the Company. If such assignment is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
Links from a Third-Party Social Media Service
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. You acknowledge that the Company is not responsible for any Third-Party Social Media Service.
Termination
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including breach of these Terms.
Upon termination, your right to use the Service will cease immediately.
If we terminate your Subscription for convenience (and not due to your breach), we will refund any prepaid fees covering the remainder of the term after the effective date of termination.
Limitation of Liability
The entire liability of the Company under any provision of these Terms and your exclusive remedy shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages, even if advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory or otherwise, including merchantability, fitness for a particular purpose, and non-infringement.
Governing Law
The laws of Poland, excluding its conflicts of law rules, shall govern these Terms and your use of the Service.
Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
If the dispute is not resolved informally, the courts located in Warsaw, Poland will have jurisdiction.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of your country.
United States Federal Government End Use Provisions
If you are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. ยง2.101.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country subject to United States government embargo, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision is held to be unenforceable or invalid, it will be interpreted to accomplish its objectives, and the rest remains in effect.
Waiver
Failure to exercise a right shall not be deemed a waiver of that right or any other right.
Translation Interpretation
If translated, the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.
By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us at legal@livinplace.com.