This is the translated version.
This browser-based, cross-platform software shall allow users to share live streams, videos or interactive contents (hereinafter “Contents”) via a respective individually generated landing page or to embed them into external media using the Software. Premise for using this Software shall be a permanent Internet connection to be arranged by the customer or by the third parties authorised by the customer (hereinafter jointly “Users”).
1.2. Customer: the Customer shall be a company willing to provide its employees and contract partners with a Software to share Contents and an immediate contract partner of LIVEEVENTPAGE.
Contract Conclusion, Contract Term & Pricing Model
2.2. The LIVEEVENTPAGE pricing model shall be retrievable at https://about.liveevent.page/pricing at any time. Prices shall basically be exclusive of VAT and exclusive of other public dues and fees. The ordering process shall be performed by the online reseller Paddle.com. Paddle.com shall be the payment service provider for all orderings and shall offer customer service enquiries as well as support for returns.
2.3. Where a test phase has been agreed between LIVEEVENTPAGE and the Customer, using the Software shall be free of charge for its duration. Following expiry of this test phase, the Customer’s test account shall become subject to a charge.
If the Customer terminates the contractual relationship during the test phase, the test phase shall end and shall not result in any costs for the Customer.
2.4. Depending on the selected pricing model, the contractual relationship subject to a charge may be terminated at any time as of the end of a calendar month by giving one month’s or one year’s notice.
2.5. LIVEEVENTPAGE reserves the right to dissolve the contract during the agreed contract term prematurely, without setting a grace period, for a compelling reason. A compelling reason shall be agreed to be, in particular, default of payment, initiation of insolvency proceedings or rejection of a relating application for lack of cost-covering assets, dissemination of a Content damaging to the business of LIVEEVENTPAGE, misuse of the services and the like as well as the gross breach of contractual duties.
2.6. After cessation of the contractual relationship, the Customer shall retain full access for the duration of one further calendar month to both the data and other contents retained by the Customer until then in the Customer’s admin account and the data and other contents retained in the respective user accounts. During this period, the Customer shall be entitled to back the data up. Following expiry of this one-month period, the account shall be disabled and, unless this conflicts with any statutory retention duties, the data contained therein shall be irretrievably erased.
2.7. The fee agreed with LIVEEVENTPAGE is each to be settled by the Customer upon invoicing. Depending on the selected pricing model, billing shall each be effected monthly or annually in advance.
2.8. Invoicing shall be effected electronically in any case, with the Customer waiving the issuance of an invoice in paper form.
2.9. Counterclaims of LIVEEVENTPAGE may be set off only against claims that have been finally and non-appealably established or explicitly acknowledged.
2.10. Customers who purchase plans may contact LIVEEVENTPAGE to cancel and receive a full refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan.
Our refund policy does not apply to: Fees charged immediately after a free-trial period ends; Subscription renewals or migrations to other plans; Fees other than annual or monthly subscription fees; Customers who have breached this Agreement or whose accounts were terminated; or Customers who have initiated a chargeback dispute.
LIVEEVENTPAGE reserves the right to deny a refund request in case of attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly).
3. Customer’s Rights and Obligations
3.1. The Customer may make an account available only to legal or natural persons of full legal age and capacity.
3.2. LIVEEVENTPAGE shall be entitled to verify the identity of the Entitled Person as well as to block the Entitled Person’s account until the verification of the Entitled Person’s personal data has been completed.
3.3. The Customer shall be obliged to notify LIVEEVENTPAGE within 7 days of any change in the Customer’s and/or Entitled Persons’ data and the Customer’s address for service by updating the Customer’s account. The Customer shall indemnify and hold LIVEEVENTPAGE harmless for, from and against the failure to give notice of such a change in due time.
4. User’s Duties
4.1. Unless otherwise agreed, LIVEEVENTPAGE shall exclusively provide the cloud-based Software-as-a-Service solution Software. The technical, personnel and organisational premises required for using this Software, such as an appropriate terminal device or a permanent Internet connection, have to be laid by the User.
4.2. LIVEEVENTPAGE reserves the right to modify or improve the Software at any time, unless this results in any impairment of use for the Users. This may give rise to optical, technical, contentual or other changes. Users may claim improvement or modification merely to the extent that the changes will not result in the use so far being impaired.
4.3. The User undertakes not to use the Software in any abusive or unlawful manner. The Users shall indemnify and hold LIVEEVENTPAGE and all its vicarious agents harmless for, from and against all adverse consequences arisen due to any unlawful, abusive or other undue use of the Software and of the relating services.
This shall also cover, in particular, damage resulting from the incorrect statement of data and facts or from the violation of norms in terms of personal, copyright, data protection or other law by the Users.
4.4. The User declares that all information provided by the User on the User’s identity and own company is truthful and accurate and shall be obliged to notify LIVEEVENTPAGE of changes to the data (including, in particular, payment data) without delay.
4.6. The User undertakes to log off after every use of the Software with the User’s account and to log in once again before any use to prevent any abusive use of the User’s account in case of loss or theft.
4.7. The User declares that the User will indemnify and hold LIVEEVENTPAGE harmless for, from and against all consequences and disadvantages resulting from any loss, theft or passing on of the User’s login data or from any loss, theft or passing on of the User’s terminal devices whilst the login to the Software is maintained.
4.8. The User undertakes to make backup copies of the data and information retained by the User in the Software at regular intervals, but at least once a week. LIVEEVENTPAGE shall not be liable for adverse consequences and damage resulting from any loss of data which could have been prevented or minimised by backup copies.
4.9. The User undertakes to grant LIVEEVENTPAGE access to the Software at its request in order to carry out improvements, maintenance work and other necessary modifications/updates. This undertaking shall comprise any necessary disclosure of the login data and passwords for the User’s account.
5. Default of Payment and Dunning
5.1. Default interest in the amount of 8% per annum shall be deemed agreed for default of payment.
5.2. If an amount remain unpaid despite dunning, LIVEEVENTPAGE may temporarily the provision of services and the access to the Software. Once the Customer has settled the arrears in full, LIVEEVENTPAGE has to unlock the access again. This shall affect neither the right of LIVEEVENTPAGE to terminate the contract on default of payment nor its continuing remuneration claim. If the service is suspended as a result of default of payment, the Customer shall not be entitled to terminate the contract prematurely.
6. Rights of Use
6.1. The Software shall be an online-based Software-as-a-Service solution usable by accessing the web application of LIVEEVENTPAGE. The Software shall not be surrendered to the Users. LIVEEVENTPAGE shall merely grant the Users a simple right of use for the Software which shall be limited to the term of the contract and sublicensable only under a separate agreement.
6.2. The Users shall not be authorised to use, allow use of, disseminate, alienate or otherwise transfer or enable use of the Software in whole or in part beyond the explicitly granted rights. This shall also comprise the prohibition to reproduce (reverse engineering) or otherwise misuse the Software.
6.3. Every User shall have the possibility of publicly sharing Contents with other Users or even third parties whilst using the Software. LIVEEVENTPAGE shall not be obliged to log or notify the Customer of the Users by whom and the points in time at which Contents had been shared/uploaded or landing pages generated.
6.5. LIVEEVENTPAGE shall act as processor in terms of Art. 28 GDPR towards the Customer and shall provide a declaration of self-commitment to data protection to that end.
7.1. LIVEEVENTPAGE undertakes to make the services to be provided by it as per agreement available without restriction, warranting a 99.9% availability of the Software on average in each calendar year in this context.
However, an entirely failure-free or interruption-free system cannot be warranted for technical reasons alone. Cases of force majeure as well as usability interruption periods on account of maintenance and updating of the Software at specific intervals are not to be taken into account when calculating the contractually owed availability.
7.2. Measures taken on schedule (maintenance work, enhancement etc.) shall be announced to Users by LIVEEVENTPAGE as early as possible, but at least 24 hours in advance.
8.1. Unless otherwise set forth by special agreement or law, the liability of LIVEEVENTPAGE for contractual or statutory claims, in particular indirect and consequential damage, consequential damage caused by defect, property damage, lost profit, unrealised savings or profits, interest losses, lack of economic success, positive breach of contract, fault upon contract conclusion, misconception and damage from third-party claims shall be excluded, unless the Customer proves wilful intent or gross negligence to LIVEEVENTPAGE.
8.2. The liability for adverse consequences and damage caused by slight negligence by LIVEEVENTPAGE shall be excluded at any rate. In addition, the liability for adverse consequences or damage not typically foreseeable when using the Software shall be excluded.
8.3. LIVEEVENTPAGE shall not be liable for adverse consequences or damage sustained by Users or Customers to the extent that projects managed whilst using the Software cannot be realised at all or in time as a result of loss of the opportunity for use, technical shortcomings, data loss, unauthorised third-party access or other reasons related to the Software.
8.4. To ensure compliance with the Customer’s duty to mitigate damage, the Customer shall be obliged to create or allow for the creation of backup copies of the live streams shared and the videos and data processed whilst using the Software at regular intervals, but at least weekly, as a result of the risk of data loss and/or unavailability of the Software. Any liability of LIVEEVENTPAGE for damage sustained by the User as a result of any violation of this obligation shall be excluded.
8.5. The Software contains applications and Contents of third parties or links to third-party Contents. LIVEEVENTPAGE shall be liable for neither these Contents nor the technical functionality of the interfaces or applications made available in this respect. To the extent that links to websites or applications of third parties are created, the User takes note of the fact that these shall be operated by third parties and that LIVEEVENTPAGE does not have any influence on the content of these websites and the information published there.
8.6. The compensation for damage, except for personal damage, shall be limited towards the individual aggrieved party to the coverage total actually available for the respective incident under the liability insurance of LIVEEVENTPAGE for each damage-causing event. Where no liability insurance coverage exists, the compensation for damage shall be limited to a maximum amount of € 5,000.00 for each damage-causing event.
8.7. LIVEEVENTPAGE shall not accept any liability for the fitness of the Software for the purpose intended by the User. The same shall apply to merely optical deviations not impairing the proper use of the Software.
8.8. LIVEEVENTPAGE shall not be responsible for impairments of performance due to force majeure, in particular the failure or overload of global communication networks. Events of force majeure shall be deemed to include, in particular, all effects whose prevention or avoidance are beyond the capacity for influence of LIVEEVENTPAGE.
8.9. Damages claims must be asserted in court within 6 months from gaining knowledge of damage and at-fault party at the latest, failing which they shall forfeit.
8.10. The limitations or exclusion of liability shall also comprise claims against employees, bodies, representatives and vicarious agents of LIVEEVENTPAGE due to damage caused by them to the User.
9. Copyright & Non-Disclosure
9.1. LIVEEVENTPAGE reserves any and all rights, in particular trademark rights and copyrights, to the entire Content of the website, in particular to trademarks, logos, texts, graphics, photographs, layout and music. Unless the use is permitted by mandatory laws, any use of Contents of this website beyond the contractual performance obligations, in particular the retention in databases, reproduction, distribution or adaptation, shall require explicit written consent by LIVEEVENTPAGE.
9.2. The User shall be obliged to neither disclose nor pass on to third parties any of the confidential information having become known to the User whilst using the Software. This shall also include, in particular, the information about how the Software works and the extent of the services offered by LIVEEVENTPAGE in this context.
9.3. The User shall be obliged to report any security vulnerabilities or other defects recognised by the User in the Software to LIVEEVENTPAGE in writing (by e-mail to [email protected]) promptly after their recognition.
The modifications shall be deemed approved by the User, unless the User objects to the modifications before the proposed effective time in writing.
LIVEEVENTPAGE shall also make the User aware of this in the information about the modifications. The objection period shall be complied with only if LIVEEVENTPAGE receives the objection within the time limit.
10.3. Where the User objects, LIVEEVENTPAGE shall be entitled to terminate the contractual relationship prematurely by giving one month’s notice to the end of a calendar month.
10.4. LIVEEVENTPAGE shall be entitled to transfer the rights and obligations from the contractual relationship concluded with the Customer to a third party at any time.
11. Final Provisions
11.1. Austrian substantive law shall apply exclusively, with the applicability of both the UN Sales Law and international conflict-of-law rules being excluded.
11.2. Place of fulfilment and performance shall be the seat of LIVEEVENTPAGE.
11.4. The court having subject-matter jurisdiction for the place of fulfilment shall be agreed to have exclusive jurisdiction for any disputes between the User and LIVEEVENTPAGE.