Terms of Service: LivAura Platform
Version: 1.0
Effective Date: [Insert Date]
Location: Zaandam, Netherlands
1. ACCEPTANCE OF TERMS
By accessing or using the LivAura website and mobile application (the “Platform”), you agree to be bound by these Terms of Service (“ToS”), our Privacy Policy, and Cookie Policy. If you are entering into these terms on behalf of a business, you represent that you have the legal authority to bind that entity.
2. SERVICES PROVIDED
LivAura provides an online and mobile-based business discovery, listing, and promotional service. We facilitate the connection between users looking for services and merchants listed on our platform.
- No Agency: LivAura is a facilitator and does not act as an agent, employee, or partner of any listed merchant.
- Service Availability: We strive for 99% uptime but do not guarantee uninterrupted access due to maintenance or third-party infrastructure issues.
3. USER ACCOUNTS
- Registration: You may be required to create an account. You must provide accurate, current information.
- Security: You are responsible for maintaining the confidentiality of your credentials.
- Dutch Age Requirement: Users must be at least 16 years of age to create an account independently under Dutch privacy guidelines.
4. MERCHANT LISTINGS & “CATEGORY LEADER” TAGS
- Promotion vs. Certification: The “Category Leader” tag is a commercial visibility label. It is not an official certification of quality, safety, or government endorsement.
- Ranking Transparency: Pursuant to the EU Omnibus Directive, we disclose that “Category Leader” placements are “Paid Listings.” Their position in search results is determined by their participation in our premium program, not solely by organic user ratings.
- Accuracy: Merchants are solely responsible for the accuracy of their business descriptions, prices, and availability.
5. INTELLECTUAL PROPERTY
- Platform Rights: All software, design, “Category Leader” icons, and original content are the exclusive property of LivAura (Eenmanszaak).
- License to User Content: By uploading photos or text, you grant LivAura a non-exclusive, royalty-free, perpetual license to display that content on the Platform for promotional purposes.
6. PROHIBITED CONDUCT
Users and Merchants agree NOT to:
- Use the Platform for fraudulent activities or to misrepresent their business identity.
- Scraping or extracting data from the Platform using automated bots.
- Post “fake reviews” or engage in “astroturfing” to manipulate rankings.
- Use the “Category Leader” tag on external websites in a way that implies a government-issued award.
7. FEES, PAYMENT, AND INVOICING
7.1 Payment Processing: All payments for the ‘Category Leader’ designation and Paid Listings are processed via our third-party Payment Service Provider (PSP). By selecting a payment method, you authorize LivAura and the PSP to charge the specified fees.
7.2 Tax & VAT: All fees are displayed excluding VAT (BTW) unless stated otherwise. For Dutch merchants, the standard 21% VAT rate applies. You are responsible for providing a valid VAT identification number for proper tax reporting.
7.3 Invoicing: Upon successful payment of the “Initial Payout” or recurring fees, LivAura will provide a digital invoice compliant with Article 35a of the Dutch VAT Act (Wet op de omzetbelasting 1968). Invoices are sent to the email address provided during registration.
7.4 No Surcharges: In accordance with PSD2, LivAura does not apply surcharges for standard payment method such as iDEAL.
8. LIMITATION OF LIABILITY
- General Limit: To the maximum extent permitted by Dutch Civil Code (Burgerlijk Wetboek), LivAura’s liability is limited to the amount paid by the user/merchant in the 6 months prior to the event giving rise to the claim.
- No Indirect Damages: LivAura is not liable for loss of profits, loss of data, or business interruption.
- Force Majeure: We are not liable for failures caused by events beyond our control (e.g., nationwide internet outages or regulatory changes).
9. CONTENT MODERATION (Digital Services Act – DSA)
If users are permitted to post reviews or content:
- Notice and Action: If you believe content is illegal or violates these terms, you may report it to [Insert Email Address].
- Review Policy: We reserve the right to remove content that is defamatory, hateful, or clearly fraudulent.
10. TERMINATION
- By User: You may delete your account at any time.
- By LivAura: We may suspend or terminate accounts for material breach of these terms or non-payment of fees as outlined in the Merchant Participation Agreement.
11. GOVERNING LAW & JURISDICTION
- Law: These Terms are governed by the laws of the Netherlands.
- Dispute Resolution: Disputes shall be submitted to the competent courts in the district where LivAura is registered (e.g., North Holland/Haarlem) or Amsterdam.