Terms of Service

1. Parties and formation of the agreement

Liviate Hosting ApS (CVR no. 45668665) is the provider of the agreed cloud and hosting services. The customer is the legal person entering into an agreement with Liviate Hosting ApS.

The agreement may be entered into either by ordering via liviate.com or by entering into an individual service agreement. When ordering via liviate.com, the agreement is binding once Liviate Hosting has confirmed the order in writing. Liviate Hosting reserves the right to decline an order.

The agreement covers the services specified in the order, the individual offer, or the service agreement entered into. In the event of a discrepancy between these terms of service and an individual service agreement, the individual service agreement takes precedence.

Liviate Hosting reserves the right to update and further develop its services, provided that the agreed service level is maintained.

2. Business customers – no right of withdrawal

Liviate Hosting supplies exclusively to business customers. By placing an order, the customer confirms that it is acting in the course of its business and is authorised to enter into the agreement on behalf of the stated company. A valid Danish CVR number must be provided when ordering.

As the agreement is entered into between businesses, consumer protection rules, including the right of withdrawal under the Danish Consumer Contracts Act, do not apply.

3. Virtual servers

A virtual server is provided with the number of vCPUs, amount of RAM, and disk space stated in the order. The customer is given administrative access to the virtual server.

Liviate Hosting operates the underlying physical infrastructure, virtualisation platform, and network. Unless a separate agreement on managed operation has been made, the customer is solely responsible for the operating system, software, configuration, security updates, and data on the virtual server.

Liviate Hosting may carry out planned maintenance of the underlying infrastructure. Planned maintenance expected to affect operations will be announced, where possible, at least 5 business days in advance, unless urgent troubleshooting makes this impossible. Critical security updates may be carried out without prior notice.

Changes to a virtual server's configuration may be agreed with Liviate Hosting and take effect from the following billing period, unless otherwise agreed.

4. Availability and service level

Liviate Hosting strives for stable and secure operation with high availability.

For virtual servers ordered via liviate.com, no guaranteed uptime is provided, and no service credits or other remedies are attached to a specific uptime level. Specific uptime targets (SLAs) are agreed individually and apply only when expressly set out in a written service agreement between the parties.

Uptime levels stated in marketing materials do not in themselves constitute an SLA.

5. Backup and customer data

Backup is not included with a virtual server. The customer is solely responsible for performing and verifying backups of its own data, unless a separate agreement on Managed Backup has been made.

Managed Backup with an agreed retention period and verified restore can be purchased as an add-on and is offered by individual agreement.

The customer retains all rights to its own data. Liviate Hosting only accesses the customer's data to the extent necessary to deliver the service, to comply with the law, or at the customer's request.

6. Customer responsibility and acceptable use policy

The customer is responsible for protecting its own passwords, keys, and access credentials and is liable for all activity carried out via the customer's access. The customer is further responsible for holding the necessary licences for software installed on the services. The customer is responsible for ensuring that software and services are used in accordance with applicable law.

The services may not be used for:

• Illegal activities or distribution of illegal content
• Sending unsolicited communications (spam)
• Attacks on other systems, including DDoS attacks, port scanning, or hacking
• Distribution of malware, ransomware, or other malicious software
• Activities that disproportionately overload Liviate Hosting's infrastructure
• Infringement of third-party intellectual property rights

Violation of the acceptable use policy may result in immediate suspension of the services without notice. The customer shall indemnify Liviate Hosting against claims from third parties arising from the customer's use of the services in breach of these terms.

7. Prices and payment

All prices are stated in Danish kroner and are exclusive of VAT. Prices for subscription services are per month.

Subscriptions are paid monthly in advance. The first billing period runs from the service's activation. Payment terms for invoiced services are net 30 days from the invoice date, unless otherwise agreed.

Usage beyond what was ordered, including additional disk space or traffic, is billed according to Liviate Hosting's price list in force at the time.

In the event of late payment, default interest is calculated in accordance with the Danish Interest Act, and a reminder fee may be charged. Liviate Hosting reserves the right to suspend services in the event of non-payment following prior written notice. If payment is still not received after suspension and reasonable notice, Liviate Hosting is entitled to terminate the agreement with immediate effect.

Liviate Hosting may adjust prices with at least 30 days' written notice, effective from a new billing period. If the customer does not accept a price increase, the customer may cancel the affected service with effect from the date the increase takes effect.

8. Term, termination, and data retention

The subscription runs until terminated. There is no minimum commitment period unless otherwise stated in an individual service agreement.

The customer may terminate the subscription at any time without notice. Termination takes effect at the end of the billing period already paid for, and the service remains available until that time. Amounts already paid for the current period are not refunded.

Liviate Hosting may terminate the agreement with 30 days' written notice to the end of a calendar month.

Termination must be made in writing to ssj@liviate.com.

Upon termination of the agreement, the customer's data will remain available for up to 30 days after the termination date, after which all data is permanently deleted. The customer is responsible for exporting and backing up its own data before this period expires. Liviate Hosting is not obliged to retain data after this period expires.

Liviate Hosting may terminate the agreement with immediate effect in the event of material breach, including non-payment after written notice or violation of the acceptable use policy.

9. Limitation of liability

Liviate Hosting is not liable for indirect loss, consequential damages, loss of operation, loss of profit, or loss of data resulting from outages, errors, or delays, unless gross negligence or intent on the part of Liviate Hosting is established.

Liviate Hosting is not liable for loss of data where the customer has not performed the backups it is responsible for under section 5.

Liviate Hosting's total liability to the customer is in all cases limited to the amount the customer has paid for the relevant services in the 12 months preceding the event giving rise to the claim.

The limitation of liability does not apply to personal injury or liability that cannot be limited under mandatory law.

10. Force majeure

Neither party is liable for failure to perform the agreement if this is due to circumstances beyond the party's reasonable control, including power failures, failures by upstream suppliers of power or network connectivity, global internet disruptions, failures at upstream internet providers, DDoS attacks against backbone infrastructure, failures at cloud providers, fire, natural disasters, war, terrorism, cyberattacks of extraordinary scale, labour disputes, or government intervention.

11. Confidentiality and data protection

Liviate Hosting processes personal data in accordance with applicable data protection law, including the GDPR. See our Privacy Policy for details.

If the customer processes personal data on Liviate Hosting's services, the customer is the data controller and Liviate Hosting is the data processor. In that case, a data processing agreement is entered into between the parties in accordance with Article 28 of the GDPR. The data processing agreement forms an integral part of the agreement when Liviate Hosting processes personal data on the customer's behalf, and is made available on request to ssj@liviate.com. Data is hosted in Danish data centres.

Both parties undertake to treat confidential information about the other party's business, systems, and customers with discretion and not to disclose such information to third parties without prior written consent.

12. Assignment

The customer may not assign its rights and obligations under the agreement to a third party without Liviate Hosting's prior written consent. Liviate Hosting may assign the agreement to an affiliated company or as part of a business transfer.

13. Changes to these terms

Liviate Hosting may update these terms of service. Material changes will be announced in writing with at least 30 days' notice. If the customer continues to use the services after the effective date, this is deemed acceptance of the updated terms.

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14. Governing law and venue

These terms of service are governed by Danish law. Any disputes that cannot be resolved amicably shall be settled by the Copenhagen City Court as the court of first instance.

15. Contact

Liviate Hosting ApS
CVR no.: 45668665
Email: ssj@liviate.com
Phone: +45 9197 7020