Terms and Conditions

1. Scope

These Terms and Conditions apply to the use of the Livioris practice software. Livioris is directed at both business users (licensed life and social counselors) and consumers within the meaning of § 1 KSchG. By registering and using the service you accept these terms in their current version.

2. Subject matter

Livioris provides a web-based software solution (SaaS) for managing counseling practices. This includes in particular the management of clients, appointments, records and other practice-related data.

3. Rights of use

The user receives a non-exclusive, non-transferable right to use the software for the duration of the contractual relationship. The software may only be used for the user's own professional or private purposes within the scope of the contract.

4. Data protection and confidentiality

Livioris is committed to complying with all applicable data protection laws, in particular the GDPR and Austrian data protection law (DSG 2018). The processing of sensitive client data is carried out in accordance with statutory confidentiality obligations (GewO § 119 para. 4). Details can be found in our Privacy Policy.

5. Calendar synchronization, data protection responsibility and device obligations

The counselor is the controller within the meaning of Art. 4 No. 7 GDPR with regard to all personal data of their clients that is processed in the course of using Livioris. BYOM AS (Org. no. 937 698 208) acts as processor within the meaning of Art. 4 No. 8 and Art. 28 GDPR on the counselor's instructions in this respect. The rights and obligations of the data processing arrangement are governed by a separate data processing agreement (DPA) to be concluded. Use of the calendar sync requires that a DPA has been concluded.

The account is personal to the counselor. Sharing access credentials with third parties is not permitted. Joint use by several counselors is not permitted. Livioris currently offers no plan for group practices; shared use by several counselors is therefore not permitted.

Livioris requires a minimum age of 18 for account creation. Livioris does not verify the age of the counselor's clients. The counselor is fully responsible for:

(a) assessing whether the admission of minor clients is permissible under the professional, civil and data protection law applicable to them;

(b) obtaining the required consent of the legal guardians, whereby the relevant age threshold depends on the country and context and must be reviewed by the counselor on a country-specific basis. Livioris does not prescribe specific age thresholds;

(c) documenting the consent or the legal basis in a manner compliant with data protection law pursuant to Art. 7 para. 1 in conjunction with Art. 5 para. 2 GDPR.

The counselor keeps the device through which they access Livioris secured by biometric authentication, a PIN, or an equivalent lock mechanism.

The counselor indemnifies BYOM AS against all third-party claims (including claims by clients, legal guardians and supervisory authorities) arising from a breach of the obligations under this section, unless that breach was caused by a demonstrable breach of duty by BYOM AS as processor.

In the event of a breach of the obligations under this section, BYOM AS is entitled to temporarily suspend the counselor's account or to terminate the contract for cause.

6. Right of withdrawal

Where the user qualifies as a consumer within the meaning of the KSchG, a right of withdrawal pursuant to § 11 FAGG applies. For consumers based in Norway, the Angrerettloven (Right of Withdrawal Act) § 21 applies with a 14-day withdrawal period. The withdrawal period is 14 days from the date of contract conclusion. Withdrawal may be declared in any clear form (e.g. email to karin@byom.com). If service provision begins before the withdrawal period expires, the proportional amount for services already rendered is payable. The right of withdrawal expires prematurely once the service has been fully provided, provided the user expressly consented to service provision beginning before the withdrawal period and acknowledged that this would result in loss of the right of withdrawal (§ 18 para. 1 no. 1 FAGG).

7. Prices and payment

Current prices can be found in our pricing overview. For business users, prices are quoted excluding statutory VAT. For consumers, all prices are gross prices (incl. VAT). Billing is monthly in advance.

8. Termination

The contract may be terminated by either party with 30 days' notice to the end of the month. Termination must be in text form (e-mail is sufficient).

9. Liability

Livioris is liable for damage only in cases of intent and gross negligence. Liability for slight negligence is excluded unless essential contractual obligations are breached. This limitation does not apply to damages to life, body or health: Livioris is fully liable for such damages.

10. Contact point (Art. 11 and 12 DSA)

The central contact point for users as well as for the authorities of the Member States, the European Commission and the European Board for Digital Services (Art. 11 and 12 of Regulation (EU) 2022/2065, Digital Services Act, DSA) is: BYOM AS, Skjoldenveien 9, 1832 Askim, Norway, e-mail: admin@livioris.com. Communication is possible in German, English and Norwegian. Users can reach this contact point directly, quickly and electronically; communication is not limited to automated tools.

11. Content rules, moderation, reporting, statement of reasons, objections (Art. 14, 16, 17 DSA)

Para. 1. Content rules. For content that users or providers post on the platform (e.g. public practice pages, profile content, messages), the following applies: no unlawful content, no content that infringes the rights of third parties (in particular copyright and personality rights), no misleading statements about qualifications or scope of services, no harassment of other users.

Para. 2. How we moderate. BYOM AS does not review content comprehensively in advance. Moderation takes place on a case-by-case basis, in particular based on reports (para. 3). Moderation is carried out by humans; BYOM AS does not currently use an automated or algorithmic moderation system. Possible measures are: restricting visibility, removing content, and, in the case of repeated or serious violations, suspending the account. Measures are applied carefully, objectively and proportionately, taking into account the rights and legitimate interests of all parties involved (Art. 14 para. 4 DSA).

Para. 3. Reporting content. Any person may report content they consider unlawful by e-mail to the contact point (§ 10).

Para. 4. What happens after a report. Incoming reports are reviewed promptly, carefully and without arbitrariness. The reporting person receives an acknowledgement of receipt if the report contains electronic contact details, and is informed of the outcome. If content is removed or restricted, the person who posted the content receives a clear and specific statement of reasons: which content is affected, which measure was taken, on which facts and on which legal or contractual basis the decision is based, and how they can raise an objection.

Para. 5. Objections. The affected person may raise an informal objection to a moderation decision with the contact point (§ 10). The objection is reviewed by a human; the person receives a reasoned reply. As a microenterprise, BYOM AS does not currently operate a formal internal complaint-handling system within the meaning of Art. 20 DSA (Art. 19 DSA). Statutory rights, in particular the ordinary legal remedies, remain unaffected.

12. Changes to these terms

BYOM AS informs users of any material change to these Terms on the platform or by e-mail before the change takes effect. The version currently in force is available at any time at livioris.com.

13. Final provisions

These Terms are governed by Norwegian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Follo og Nordre Østfold District Court (court location Mysen), Norway. For consumers residing in the EU or EEA, mandatory consumer protection provisions of their country of residence remain unaffected.

14. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our email address: karin@byom.com. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.