These terms are effective starting 13 September 2024
Welcome to Livvie. We value your trust and to preserve the integrity of our service, your use is subject to these Terms of Service. These Terms of Service (“Terms”) constitute a legal agreement between you and Livvie B.V. (“Livvie”) applying to your free, paid, trial, or test access to and use of the software and related services provided or operated by Livvie, including any functionalities, content, communications, websites, and other media (collectively, the “Service”), and subsequent updates of the Service.
By using the Service, you confirm that you have read, understand, and agree to be legally bound by these Terms. If you do not agree with these Terms, do not use or access the Service.
By using the Service, you represent and warrant that you are at least 13 years of age and have full legal authority to agree, be bound by, and perform the obligations under these Terms. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service and you must have the permission of, and be directly supervised by, your parent or guardian to use the Service.
If you accept these Terms on behalf of an employer or organisation, or sign up with an email address associated with an employer or organisation, (i) you represent and warrant that you have full legal authority to bind the employer or organisation to these Terms, (ii) you agree that your use of the Service binds the employer or organisation to these Terms, and iii) “you” and “your” in these Terms refer to you and the employer or organisation.
Registration
In order to access parts of the Service, you are required to register an account. You are responsible for all activities that occur under your user account and you agree that: (i) all information provided is accurate, legal, reliable, updated, and appropriate, and (ii) you keep your login credentials confidential and do not allow any other person or entity to access the Service with your password and user account information. All information you provide related to the Service is subject to the Privacy Policy and by using the Service you consent to all actions taken by Livvie related to your information, including receiving email.
License
You are granted a non-exclusive, non-transferable, limited, revocable right to install, access, and use the Service for personal or business use, for its intended purpose and in accordance with these Terms. No ownership of the Service nor intellectual property rights of Livvie or its licensors are granted under or as a result of these Terms, whether expressly or implicitly. You are responsible for using the Service in accordance with all applicable laws, regulations, and guidelines issued by competent authorities. If you communicate externally about the use of the Service, you may not imply endorsement or support for your calculations or business activities without prior written consent from Livvie.
Intended use
The Service is designed to calculate the estimated impact of food choices of individuals and organisations for educational and recreational purposes. The Service should not be mistaken for dietary or lifestyle recommendations, nor medical advice. Always consult a licensed medical care provider before making any changes in your diet, lifestyle, treatment, or care plan, whenever you have questions or concerns about your health or condition, or if you experience any pain, discomfort, or changes in your condition or health status. The Service is designed to provide an approximation of the footprint savings based on generalised data and without specific data on your situation or supply chain. Make sure you are aware of applicable laws and regulations regarding the use and disclosure of environmental, health, and other statements or claims in your jurisdiction.
Any reliance you place on information provided through the Service is solely at your own risk and Livvie disclaims all liability and responsibility for any personal injury or any other damages that may have been the direct or indirect result of any use or misuse of the Service.
Prohibited use
Except to the extent permitted under these Terms, you shall not, and shall not allow an employee, contractor, or other third party to:
We do not assume any liability for your misuse of the Service and you acknowledge that we will cooperate fully with investigations of violations of laws and regulations, including cooperating with law enforcement authorities in investigating suspected criminal activities.
You acknowledge that Livvie may collect, use, store, process, and analyse your data related to the use of the Service and feedback on the Service and related materials, including Personal Data which relates to an identified or identifiable natural person. You retain all right, title, and interest in and to all your data. Livvie will protect your data against illegal or unauthorised access or disclosure using commercially reasonable administrative, technical, and physical safeguards and in accordance with the Privacy Policy. By using the Service, you confirm that you have read, understand, and agree to the Data Processing Addendum as an integral part of these Terms.
You shall apply appropriate privacy and data protection measures for data of your employees and affiliates and warrant that data disclosed to Livvie is compliant with applicable data protection regulations.
By using the Service, you confirm that you have read, understand, and agree to Livvie’s collection, storage, disclosure, and use of your data as described in the Privacy Policy.
The Service may allow you to submit or publish reviews, comments, questions, suggestions, feedback, or other information (collectively, “Content”) through the software, associated media channels, or email. Any Content you post may not be discriminatory, obscene, abusive, offensive, illegal, defamatory, threatening, commercial, confidential, infringing of intellectual property rights, invasive of privacy or injurious in any other way to Livvie, users of the Service, or any other third parties. Livvie reserves all rights to remove or modify such content at its sole discretion. Livvie is not obligated to screen, edit, or remove content. Reviews and other content posted by you, users of the Service, and other third parties are not endorsed by Livvie and do not necessarily represent the opinions or views of Livvie or its affiliates. Livvie does not assume liability for any claims, losses, or damages resulting from any Content posted.
By submitting Content, you grant Livvie a non-exclusive, royalty-free, perpetual, sublicensable, unrestricted, and worldwide right to use, reproduce, modify, publish, and distribute such materials for commercial, educational, development, marketing, or any other legitimate business purpose, without acknowledgement or compensation to you. You warrant that you have the right to submit such Content and agree that there shall be no recourse against Livvie for any alleged or actual infringement of intellectual property rights based on your submissions.
Livvie may identify you as a customer in promotional materials and will remove such mentions upon your request via hello@livvie.co within a reasonable time after receiving the request.
Livvie offers free and paid services. By subscribing to a paid service, (i) you represent and warrant that the billing information is accurate and you are authorised to use the payment method, (ii) you authorise Livvie to charge you for the selected plan at the recurrent billing interval and additional options you sign up for during your use of the Service.
Pricing may vary depending on your location and will be based on the billing information you provide us at the time of your registration for a paid plan. Some transactions may require foreign currency conversion for which your bank might charge you additional fees.
Paid plans are billed monthly or annually in advance, and your subscription will automatically renew at then current rates. If you upgrade or expand your subscription with additional options, then the payment amount will be pro-rated to the remaining time left in your billing period. Livvie reserves the right to change subscription pricing at any time. Changes in pricing will become effective at the next renewal of your subscription. Subscription fees exclude taxes, unless otherwise specified. You are responsible for providing accurate billing information and paying and registering your tax obligations in compliance with your jurisdiction.
You can cancel your subscription at any time to stop future charges. You will not receive a refund or credit for amounts that have already been billed, unless otherwise required by law. Livvie may suspend your right to use the Service or receive support if payment is overdue.
These Terms are effective upon your registration or first use of the Service and shall continue until usage of the Service is terminated and thereafter for provisions which survive termination by nature.
If you fail to comply with these Terms, in case of unauthorised or suspected unauthorised use of the Service, or in case Livvie determines any conduct may have an adverse effect on Livvie, Livvie, in its reasonable discretion and without notice or liability, reserves the right to: (i) delete prohibited Content, (ii) suspend access to the Service, (iii) terminate your account and delete your data, or (iv) ban you from using the Service or creating an account.
Upon termination or expiration of these Terms, your right to use the Service ceases and Livvie may delete your data, to the extent permitted by law.
All Terms which by nature are intended to survive termination or expiration of these Terms will so survive, including the sections Billing, Term and Termination, Intellectual Property, Limitation of Liability, and Indemnification.
The Service and associated materials, including source code, functionalities, databases, documents, trade secrets, texts, designs, photographs, video, audio, trademarks, logos, and any subsequent modifications thereof are owned or controlled by Livvie and its licensors, and are protected by international copyright, trademark, patent, and other intellectual property rights and unfair competition laws. These materials may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without written consent or explicitly stated permission by Livvie.
If it is explicitly stated in text or share functionalities are presented, you may, in compliance with these Terms and without intention to harm Livvie, (i) share the title and feature image of website articles only in combination with an explicit mention of and link to the original source, (ii) share social media posts in compliance with the social media platform intended use and terms, and (iii) share designated visuals only without modification and without obstruction of the Livvie brand marks.
You agree that you will not create derivative works of the Service and that you will not use or register any trademark, business name, domain name, or social media account name or handle which incorporates in whole or in part the Livvie marks or is similar to these marks. Livvie reserves all rights to the Service and associated materials, including the right to grant licenses of use to third parties.
You acknowledge and agree that any feedback in the form of comments, suggestions, ideas, or other communications provided can be used to modify the Service and grants Livvie the right to freely use, adopt, develop, disclose, reproduce, license, distribute, or otherwise commercialise the content of such feedback, without obligation to the payment of fees or accounting to you. You warrant that disclosed information has been collected or created in accordance with applicable laws and regulations and does not violate any third-party intellectual property or proprietary rights.
The Service, including related offerings of third parties, are provided “as is” and “as available”. Livvie does not assume responsibility, nor provide warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the warranties of title, non-infringement, merchantability, fitness for a particular purpose, completeness, accuracy, functioning, availability, or performance of the Service. Livvie does not guarantee the accuracy, reliability, or completeness of third party information and functionalities used to develop the Service. Livvie does not guarantee availability or storage of user data you transmit through the Service, and you agree that Livvie shall have no liability for any loss or corruption of user data. You are solely responsible for the backup of your data, ensuring your device and internet connection meets the requirements for using the Service, and any charges resulting from the use of the Service. It is your responsibility to ensure the version of the Service and relevant operating systems, devices, and other prerequisites are up to date if you want to use the Service.
The use of the Service is at your own risk. In no event shall Livvie be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation cost of substitute products, lost profits, loss of data, loss of goodwill, loss of business opportunities, interruption of business, or for legal fees to any person or entity arising out of any act or failure to perform under these Terms or in connection with these Terms, to the maximum extent permitted by applicable law.
In no event shall the aggregated liability of Livvie or its affiliates exceed the fees paid by you for the Service in the preceding twelve (12) months, to the extent permitted under applicable law.
You agree to defend, hold harmless and indemnify Livvie, including its affiliates, directors, officers, employees, agents, contractors, partners, licensors, suppliers, and other affiliates from any demands, claims, losses, liability costs, and expenses due to or arising out of your use or misuse of the Service, breach of these Terms, violation of laws, or any harmful act towards any user of the Service. You agree to reimburse all damages, costs, and losses incurred by Livvie and its affiliates in defending any claim, demand, suit, or proceeding arising from or in connection with misuse of the Service or breach of these Terms.
Confidential Information includes information that (i) is designated by the disclosing party as confidential or proprietary, or (ii) information that should reasonably be recognised as confidential or proprietary information, including without limitation source code, interfaces, product data, and business data.
Confidential Information does not include information which (i) is or becomes publicly known without breach of these Terms; (ii) was known to the receiving party before disclosure by the disclosing party; (iii) is rightfully received from a third party without an obligation of confidentiality to that party; (iv) was independently developed by the receiving party or its employees or contractors without violation of these Terms; or (v) must be disclosed to comply with applicable law, in which case the receiving party shall notify the disclosing party promptly and prior to disclosure.
The receiving party agrees to (i) use Confidential Information for the sole purpose of exercising its rights under these Terms, and (ii) not use or disclose Confidential Information for any other purposes without the prior written consent of the disclosing party. The receiving party shall not disclose Confidential Information, except to its employees, representatives, or agents who have a legitimate need to know, provided they comply to these confidentiality terms.
Access to parts of the Service or related materials as part of a beta or early access offering for evaluation purposes is subject to these Terms and any additional conditions specified by Livvie. You acknowledge and agree that functionalities and concepts provided for evaluation purposes may be incomplete, contain errors, and may never be released.
These Terms only apply to the Service provided by Livvie. The Service may integrate with or link to other services such as online accounts, or otherwise include references to information, documents, software, materials, or services provided by third parties. Any third party technology or services made available or accessible through the Service are provided solely for your convenience and not under the control of Livvie. Livvie does not endorse, recommend or provide any warranties on the accuracy, appropriateness, or completeness of any third party technology or service. The use of any third party technology or service is at your own risk and Livvie does not assume any responsibility or liability for the use of third party technology or service. You agree to ensure that you have all necessary rights and licenses and agree to comply with all terms and conditions applicable to the use of any third party technology and service. By granting Livvie access to any third party services, you agree that we may access, use and store any information provided to your third party service, including personally identifiable information.
When the Software is obtained through an App Distributor including the Apple Store and Google Play, the following terms for using the Service apply:
Compliance with law
You agree to comply to all applicable local, national, and international laws and regulations in the performance of your rights and obligations under these Terms.
Assignment
You shall not assign or transfer these Terms without prior written consent from Livvie, except to a successor resulting from a merger, acquisition, or sale of assets. Livvie may assign its rights and obligations under these Terms in whole or in part without your consent and without notice.
Severability
If any provision of these Terms is found to be unenforceable or invalid, the provision will be omitted or limited to the minimum extent necessary to maintain these Terms in effect.
Governing law
These Terms shall be construed and interpreted by the laws of the Netherlands, without regard for its conflict of law principles. Any dispute or claim arising out of, or related to these Terms, shall be resolved by the public courts of the Netherlands.
Modifications to the Service
Livvie reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Service, parts thereof, or related materials at its sole discretion, at any time and without notice, to the extent permitted by law. Livvie cannot guarantee availability of the Service at all times, and is not liable for any loss, damage, or inconvenience caused by temporary unavailability or discontinuance of all or part of the Service.
Modifications to these Terms
Livvie reserves the right to modify these Terms at its sole discretion, at any time and without notice. You acknowledge that it is your responsibility to review these Terms and familiarise yourself with any modifications, and we advise to review these Terms periodically. Your continued use of the Service constitutes acknowledgement of such modifications and agreement to abide by the modified Terms.
Entire Agreement
These Terms including the policies and Data Processing Addendum referenced herein constitute the entire agreement between you and Livvie regarding access to and use of the Service. Thes Terms supersede any prior oral or written proposals, agreements, and communications.
Contact
For notices, questions, or concerns regarding the Service or these Terms, you may contact Livvie via hello@livvie.co.
